1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and Nudgen LLC (“Nudgen,” “we,” “our,” or “us”) governing your access to and use of the Nudgen website, application, and related services (the “Service”). By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the security of your account, authentication credentials, and access to your workspace. You must promptly notify us of any unauthorized use or security incident.3. The Service
Nudgen is a platform that helps customers create, send, manage, and analyze retention and lifecycle email campaigns. Features may include team workspaces, contact imports, campaign drafting, AI assistance, test sends, drip sequences, stop rules, tracking, analytics, and billing administration. We may add, modify, or remove features from time to time. Some features may be subject to plan limitations, rate limits, or additional product-specific requirements.4. Free plan, paid plans, and billing
Certain accounts may use a free plan with monthly quotas. Continued use above free-plan limits or access to paid features may require a subscription. Paid plans are billed on a recurring basis unless canceled. You authorize our payment and billing providers to process charges, applicable taxes, and subscription-related transactions in accordance with your selected plan. Plan pricing, feature access, usage limits, and quotas may change over time. Unless otherwise stated in writing, fees are non-refundable and non-creditable, including for partial billing periods.5. Workspaces, teammates, and administrators
The Service supports shared team workspaces. Workspace owners, administrators, and authorized members may be able to create campaigns, manage contacts, review analytics, invite users, manage billing, and access workspace data based on their role. Your organization is responsible for managing its users, roles, and permissions. We may rely on workspace administrators as authorized contacts for account and subscription matters.6. Customer content and customer responsibilities
You retain responsibility for the content, contacts, brand assets, prompts, links, logos, and other materials you upload to or generate through the Service (“Customer Content”). You represent and warrant that:- You have all rights and permissions needed to use Customer Content with the Service.
- You have a lawful basis to upload, process, and email your contacts.
- Your campaigns, destination URLs, and messaging comply with applicable law, including anti-spam, consumer protection, privacy, and intellectual property laws.
- You will honor suppression, unsubscribe, and opt-out obligations applicable to your campaigns.
7. Acceptable use
You may not use the Service to:- Send unlawful, deceptive, harassing, abusive, or fraudulent messages.
- Send spam, phishing, malware, or campaigns using purchased, scraped, or otherwise unauthorized contact lists.
- Impersonate another person or entity or misrepresent your affiliation.
- Upload malicious code, attempt to bypass security controls, or interfere with the operation of the Service.
- Use the Service in a way that creates excessive complaint, bounce, fraud, or abuse risk.
- Use AI features to generate content that is illegal, infringing, or harmful.