Nestlytic

Nestlytic Terms of Service

Introduction and Acceptance

By signing up for a Nestlytic account or using any Nestlytic services, you agree to be bound by these Terms of Service. Nestlytic, LLC is an Illinois (McHenry County) company that provides a no-code AI platform for creating APIs. You must be at least 18 years of age (the age of majority) to enter into a billing agreement; if we suspect a user is under 18, we will terminate their account. All users must comply with these Terms and our Privacy Policy. Nestlytic may send you service-related or marketing emails at our discretion. Changes to these Terms will be emailed to you; continuing to use the service after changes means you accept the new terms.

Accounts and Eligibility

  • Eligibility: You must be at least 18 years old and legally able to form a binding contract in your jurisdiction. Accounts of suspected minors will be terminated.
  • Account Info: You agree to provide accurate, current information (including a valid email address). You are responsible for activities under your account and must keep your login credentials secure.
  • Account Restrictions: We reserve the right to restrict or terminate accounts that engage in prohibited activities (see below) or to recover unpaid balances. If we receive a chargeback on your payment, we may suspend or close your account. If Nestlytic prevails in a chargeback dispute, we are not obligated to restore any lost credits to your account.

Payment, Credits, and Billing

  • Payment Processor: All payments and payouts are handled through Stripe's payment processing infrastructure. Stripe collects and processes your transaction data (name, email, billing address, payment method details, etc.) to facilitate payments (see Stripe's Privacy Policy). Nestlytic itself does not store raw card data. Payout recipients must also agree to Stripe's Recipient Notice.
  • Free Credit: When you first attach a valid payment method, we issue a $1.00 credit to your account.
  • Billing Cycle: Usage is billed monthly. Billing begins one month after you attach a payment method, unless you close your account earlier.
  • Prepaid Credits: You may prepay for usage by adding credits. However, charges may still occur (potentially creating a negative balance) if your credits reach $0 due to delays in reconciliation or continued usage. We reserve the right to charge your payment method to cover any negative credit balance.
  • Refunds and Chargebacks: If you request a refund after spending credits, Nestlytic may deduct those credits from your account balance. In the event of a chargeback (reversal of a payment) initiated by you, we may terminate your account. If Nestlytic wins the dispute, we will not reinstate the disputed charges to your credit balance.
  • Taxes: You are responsible for all taxes associated with your account and payouts. Nestlytic cannot provide tax, legal, or accounting advice; you should consult a professional for tax compliance in your jurisdiction.

User Content and License

  • Your Content: You retain ownership of all content you create, upload, or make available through our service (e.g. API definitions, data, code).
  • License to Nestlytic: By using Nestlytic, you grant Nestlytic a worldwide, non-exclusive, royalty-free, transferable license to use, host, distribute, and resell your content as needed to provide the service. This license is for the purpose of operating, promoting, and improving Nestlytic (including marketing materials).
  • Compliance: You represent and warrant that your content is legal in all countries where Nestlytic operates and complies with Stripe's policies (since payments flow through Stripe). You agree not to upload or share any prohibited content (see below).

Prohibited Content and Conduct

Users must not use Nestlytic to create or distribute content or conduct that is illegal or violates these Terms. Prohibited activities include (but are not limited to):

  • Illegal Material: Any content or transactions that are illegal under applicable law or facilitate illegal activities.
  • Hate or Harassment: Content that discriminates, harasses, or promotes hatred against any group or individual.
  • Violence and Harm: Graphic violence, instructions for violent wrongdoing, or encouragement of self harm.
  • Sexual Content: Sexually explicit material, pornography, or erotic content; no nudity intended for sexual arousal.
  • Malicious Code: Viruses, malware, or any code that disrupts service or compromises security.
  • Fraudulent Behavior: Impersonation, fraud, or any activity intended to deceive others.
  • Intellectual Property Violations: Content that infringes others' intellectual property rights. You are responsible for obtaining rights or licenses for any third-party content you use.

Any violation of these rules may result in immediate account suspension or termination without notice.

Third-Party Services and Content

Nestlytic allows integration with external APIs and content providers (for example, AI models or third-party data services). You acknowledge that any use of third-party services through Nestlytic is at your own risk. Nestlytic is not responsible for the accuracy, legality, or availability of third-party content or services.

No Liability for Third Parties: Nestlytic DISCLAIMS LIABILITY for any damages arising from your use of third-party APIs or the content they provide. You are solely responsible for compliance with the terms of any third-party service you use. For example, if you connect to a user's Google data via Nestlytic, you must follow Google's terms; Nestlytic is not liable for that user's actions or content.

Communication and Notices

Nestlytic may send you emails regarding your account, service updates, or marketing promotions. If you prefer not to receive marketing emails, you may opt out by following the unsubscribe link or contacting us. Other important notices (including changes to these Terms) will be sent to your email on file; it is your responsibility to keep your email current.

Infringement and Complaints

  • DMCA: For copyright infringement claims, please email legal@nestlytic.com with sufficient details. We will respond in accordance with the Digital Millennium Copyright Act (or applicable law) and may remove infringing content.
  • Other Legal Claims: For any other legal inquiries or disputes, email legal@nestlytic.com.
  • Bad-Faith Claims: If you submit a legal complaint in bad faith or knowingly misrepresent any information (for example, a fraudulent copyright claim), you will be responsible for Nestlytic's legal fees and costs incurred in responding to that claim.

Dispute Resolution (Arbitration)

Except as may be prohibited by local law, any dispute or claim arising under these Terms or your use of the service must be resolved by binding arbitration. This means you and Nestlytic agree to waive any right to go to court (except small claims courts for minor disputes). The complaining party will bear the costs of arbitration. (For example, Stripe's Services Agreement requires disputes to be settled by arbitration.) The arbitration will be conducted under the rules of a reputable arbitration provider in Illinois, or another mutually agreed location. This clause does not apply to requests for injunctive relief or small claims disputes.

Termination

Nestlytic may suspend or terminate your account at any time for any reason at our sole discretion (such as for non-payment, violation of these Terms, or inactivity). Upon termination, you lose access to the service and your account data. However, provisions that by their nature should survive (such as payment obligations, license grants, and disclaimers) will remain in effect.

Disclaimer of Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". NESTLYTIC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nestlytic does not guarantee that the service will be error-free, uninterrupted, secure, or free of malicious code.

Limitation of Liability

In no event will Nestlytic or its officers, directors, employees, or agents be liable for any special, indirect, incidental, consequential, or punitive damages (including loss of profits, data, or business) arising from or related to the service, even if advised of the possibility of such damages. Nestlytic's total liability for any claim arising from these Terms shall not exceed the amount you have paid Nestlytic in the past 12 months (if any).

General Provisions

  • Governing Law: These Terms are governed by the laws of Illinois, USA, without regard to conflict of laws principles.
  • Severability: If any provision of these Terms is found unenforceable, that provision will be modified or stricken, but the remaining provisions will continue in full force.
  • Entire Agreement: These Terms (and the Privacy Policy) constitute the entire agreement between you and Nestlytic regarding the service.
  • No Waiver: Nestlytic's failure to enforce any right or provision under these Terms will not be a waiver of that right.

Contact Information

For questions about these Terms of Service or legal inquiries, please contact us at:

Legal Disclaimer: Nestlytic is not a tax advisor. We encourage you to consult your own tax, legal, and accounting advisors for any questions regarding your obligations.