Nootify
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Terms and Conditions

Last updated: July 15, 2022

Terms and Condition : Nootify Website

Last update time 15 July 2022. AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nechitelea Robert, doing business as Nootify API("Nootify", “we”, “us”, or “our”), concerning your access to and use of the https://Nootify.com/ website and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Romania, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

USER REPRESENTATIONS By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to 1. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 2. Circumvent, disable, or otherwise interfere with security-related features of the Site, 3. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 4. Use any information obtained from the Site in order to harass, abuse, or harm another person. 5. Make improper use of our support services or submit false reports of abuse or misconduct. 6. Use the Site in a manner inconsistent with any applicable laws or regulations. 7. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 8. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 9. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 10. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 11. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

TERM AND TERMINATION These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. CONTACT US In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: newtifyapps@gmail.com

API Terms of Use

Nootify API terms of use

  1. Using the Nootify API

1.1 First of all, you must make sure you are a registered user having an account in the Nootify Dashboard and obtaining the tokens received there to use the Nootify API.

1.2 All the login information for Nootify.com Dashboard, including tokens, should be kept confidential and secure. You must not share your credentials with any third party except for cases when you need to disclose such information to the agents or employees of organizations working on your behalf.

1.3 Subject to these Terms, Nootify hereby grants you and accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license to use the Nootify.com API only according to the restrictions described in detail below.

  1. Nootify API Restrictions.

2.1 When using the Nootify API, you will (and ensure that involved employees, agents, and associated organizations will): a) restrict disclosure of your Nootify API credentials and tokens; b) not provide any rights granted by the Terms to third parties; c) not use or access the Nootify API or our services for benchmarking purposes: monitoring the availability, performance, or functionality of the Nootify API; d) keep unchanged and not remove or destroy confidentiality or copyright notices, proprietary labels provided within the Nootify API; e) not take part in any activity that can make a negative impact on our servers, security, networks, data, applications, services or other properties or any third party; f) not develop independently, modify, redesign, decompile, duplicate, copy the Nootify API beyond the extent expressly prohibited by applicable law; g) not bypass Nootify API restrictions and technological measures which prevent access to our internal services and infrastructure under no circumstances; h) not build applications that generate a high load on our system, spread spyware, advertising supported software or other unacceptable programs and content; j) not exceed the rate limit fixed specified on Nootify.com website;

2.2 We reserve the right to monitor your Nootify API , audit your applications and tools using the Nootify API, appoint an independent auditor to perform such an inspection to ensure your compliance with the Terms.

  1. Changes to the Nootify API

We have the right to change or cease the Nootify API partly or entirely anytime and because of any reason without prior notice. Changes may lead some features to be removed or become fee-based. Access to some or all features and services of the Nootify API might be restricted or limited. You confirm to accept modifications by subsequent using of the Nootify API.

  1. Privacy and Data Security

According to the General Data Protection Regulation (EU) 2016/679, we do not provide you with any Personal Data via the Nootify API usage. You as well as your employees, agents, and associated organizations will comply with local or international laws, regulations, and policies of regulatory authorities, including (i) the European Union General Data Protection Regulation (Regulation 2016/679); (ii) the ePrivacy Directive (Directive 2002/58/EC) or any analogical law or regulation.

  1. Disclaimer of Warranties

We provide the Nootify API on an "as-is" basis. We make no warranties and disclaim them except for cases prohibited by law. We do not guarantee the Nootify API will be appropriate for the particular purposes, non-infringing, commercially beneficial, and with satisfactory quality. In addition to the above said, we disclaim all warranties the Nootify API will meet your requirements and expectations, will not be interrupted, free from errors, failures, and harmful components; will be secure, fully available, functioning, and remain unchanged.

  1. Limitation of Liability

6.1 We assume no liability for any kind of damages and losses in any way from the Terms or the Nootify API.

6.2 The limitations of liability shall apply as full as possible and be permitted by relevant law.

  1. Indemnification

You agree to indemnify and defend Nootify, its employees, associated organizations with respect to any claims that derive from or arise out of: (a) your breach of the Terms; (b) your gross carelessness, negligence, or intentional misconduct; (c) any obligations or warranty granted by you; (d) any access to or use of the Nootify.com API; (e) any intellectual property claims; (f) inappropriate performance of your services by breaching the Terms.

  1. Confidentiality

8.1 The parties confirm awareness of and accept that one party (the "Receiving Party") may get information regarding another party (the "Disclosing Party") determined as confidential at the moment of disclosure or explicitly recognized by the Receiving Party as confidential whether it is marked as confidential or proprietary information (further, "Confidential Information") or not regarding Disclosing Party. Nootify API and API credentials make part of our Confidential Information. Information is not deemed as confidential if the Receiving Party can prove at least one of the following: (a) information is received from a third party by the Receiving Party in a proper way without confidentiality obligations; (b) information is publicly available without the Receiving Party's fault or carelessness; (c) information was already possessed by the Receiving Party before being obtained from the Disclosing Party; (d) the Receiving Party got this information independently without using or referring to the Disclosing Party’s Confidential Information, and without breaching the Terms.

8.2 Confidential Information is allowed for use by the Receiving Party only to the extent necessary to comply with the Terms. The Receiving Party agrees on taking all possible actions to protect the Confidential Information and prevent its duplication, disclosure, and use, other than (a) to or by its employees and associated organization that must have access to such Confidential Information and have obligations to comply the Terms or (b) cases when the Confidential Information is requested by law, regulations and is legally permitted. By request, all complete or incomplete copies of the Confidential Information will be removed, erased, or destroyed, excluding archived copies that must be kept in compliance with the Terms.

  1. Termination

We may terminate or suspend access to the Nootify API at any time and at our sole discretion. The use or access may be terminated if you breached the Terms, or we have reasons to suppose you may or will breach the Terms or any document incorporated with the Terms. The termination implies the following: (a) each party shall return all property (including Confidential Information) of another party under its control or in its possession or destroy the property; (b) all rights granted to you, your employees, or associated organizations are terminated immediately.

  1. General

10.1 Independent Contractors. The parties that apply the Terms are independent contractors, including cases when the party is (a) agent, related or associated entity of another party, (b) has any right or authority to conclude any agreement on behalf of another party. The Terms exclude all the association, agency, joint venture, or partner relationships upon another party.

10.2 Non-Exclusivity. The Terms completely block any exclusive arrangement between the parties. You can enter into any similar arrangements with other companies if it does not breach your obligations under the Terms. 10.3 Force Majeure. We and our affiliates shall not have any liability for any inability to perform obligations under the Terms which was caused or arises from events or actions beyond our control, including natural or industrial disasters, fire, man-made or technological catastrophes, labor disputes, strikes, war, riots, governmental actions, shortage of energy supplies, internet or telecommunication failures. 10.4 Surviving Provisions. This Section 10, as well as sections 4 to 9 (both inclusive), shall survive any termination or expiration of the Terms, including any provisions of the Terms that by their nature are intended to survive and will survive termination. 10.5 Feedback. We welcome any and all suggestions regarding our API. Should you choose to provide us with feedback regarding our API, please be aware that by providing us with such feedback, you are granting us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to process and use this information. We have the right to use any feedback or suggestions regarding Nootify API provided by you for any purpose and without any obligation or compensation towards you. When using such feedback or suggestions, we will not use or process any personal data.