Terms & Conditions

The terms and conditions of these services (the "Agreement") set out the rules for accessing and using the internet website owned and operated by Neru.ai, doing business as Neru and located at neru.ai, app.neru.ai and *.neru.ai (the "Site"). This includes any subsidiary webpages and access to any optimized version of the Site via a wireless device, as well as access to and use of the services provided on the site, including the ability to create, test, and host customized landing pages for online marketing purposes (the "Services"). This Agreement is legally binding between you, the user of the Site, and Neru. Words like "we," "our," and "us" refer to Neru.

You can agree to this Agreement and consent to Neru’s Privacy Policy which can be found at https://www.neru.ai/privacy-policy (the “Privacy Policy”) by doing any of the following: (1) visiting the Site; (2) making a purchase or submitting content through the Site; (3) completing the online application process by clicking a box indicating your acceptance; or (4) by signing a subscription that refers to this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you must have the authority to bind that entity to these terms and conditions, in which case the terms "you" or "your" will refer to that entity. If you do not have this authority or do not agree with these terms and conditions, you may not accept this Agreement and may not use the Services.

On our Site, we may provide brief summaries of the terms and conditions in this Agreement for your convenience. These summaries are not legally binding and do not change this Agreement in any way.

Neru may update or modify this Agreement or the Privacy Policy at any time, and updated versions will be posted on the Site. You are responsible for checking the Agreement and Privacy Policy regularly. Your continued use of the Site and/or Services after this Agreement and/or Privacy Policy have been updated will be seen as acceptance of any updated Agreement and/or Privacy Policy.

Eligibility to Enter into this Agreement

This Site and the Services are not intended for or directed at children under 13 years of age. To enter into this Agreement, you must be 18 years old or have reached the legal age of majority in your jurisdiction of residence, or have legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set out in this Agreement, and to follow and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you confirm that you have the capacity to be bound by it.

You may not use the Services or accept this Agreement if (a) you are not of legal age to form a binding contract with Neru, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a copy of this Agreement for your records.

Your Profile Information and Account

To access certain Services, you may need to provide information about yourself (such as API, identification, or contact details) as part of the registration process for the Service or as part of your ongoing use of the Services. By using our services, you may be required to create passwords or other forms of authentication. You must provide accurate and current information about yourself and may not misrepresent this information in your profile. You are responsible for maintaining the confidentiality of any such information or passwords and will be held responsible for any activities that occur under your account. If you become aware of any unauthorized use of your password or account, you must notify us immediately.

Your access and use of our services is personal to you and may not be transferred to any other person or entity. You may not disclose your password to any third party and are solely responsible for any activities that occur under your account or profile information. If you become aware of any unauthorized use of your account or profile information, you are responsible for informing us immediately.

By providing us with your email address, you agree to receive all necessary notices electronically at that address. It is your responsibility to update or change this email address as needed.

Fees

You must pay all fees associated with your subscription to our services or use of our website (“Subscription”). We will charge you a periodic fee based on your chosen Subscription. These fees will be billed in advance and are non-refundable, except in the case of cancellations within the first fourteen (14) days (as described in the section on Cancellation and Termination and in our Refund Policy). There will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use our services.

We reserve the right to modify our billing rates at any time with thirty (30) days written notice, which we will post on our website or services.

At our discretion, we may offer free or discounted pricing for use of our services (“Trial Program”). Once the terms of any Trial Program have expired, our normal billing rates will apply. You must comply with any additional terms, restrictions, or limitations (including limitations on total usage) that we may impose in connection with a Trial Program. You may not create multiple accounts to receive additional benefits under any Trial Programs.

You are responsible for paying all charges incurred by users of your credit card, debit card, or other payment method in connection with your Subscription at the prices in effect at the time of the charges. You must also pay any applicable taxes on such purchases, transactions, or other monetary transactions.

All prices, fees, charges, and refunds are listed in US dollars. We make no guarantees about the exchange rate between any currencies or that the exchange rate will remain unchanged for any period of time. The cost of our services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are also issued in US dollars and are subject to exchange rate fluctuations. There will be no additional refunds or credits issued in consideration of current or future exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may arise from purchasing our services.

Submitting Content

Our website and services do not currently allow you to submit, upload, or import content such as text, images, video, data, web pages, and other information or content (“Content”) to us for the purpose of providing our services. But when it does, you are solely responsible for all Content you submit, upload, or import and any consequences that may result from its submission. By submitting Content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with our services.

The content you create remains your property. You are allowed to use any optins created through our engine for any legal, personal, or business purpose during your subscription term. However, you are not allowed to resell or license any templates or other Neru materials or content or violate any terms of this agreement. If you cancel your subscription, Neru will no longer provide hosting or any integration and back-end services for your optins, making it impossible for you to access them through your account.

Neru will only use the content you upload in connection with providing our services to you. By uploading, importing, or otherwise providing any content through the site or services, you grant Neru a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display all or any part of that content solely for the purpose of providing our services to you. This includes the right to host, index, cache, or format the content in order to provide the services.

You confirm that you have the necessary licenses, rights, consents, and permissions to grant this license and that providing the content to Neru or Neru's use of it will not violate any copyrights, privacy rights, publicity rights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person or entity.

Neru reserves the right to use or distribute any aggregated data generated by our customers or users. "Aggregated data" refers to records that have had potentially identifying information about customers, landing pages, or end-users removed and have been manipulated or combined to provide generalized, anonymous information.

Ownership of Leads

The leads you generate through your optins remain your property. If you cancel your subscription, Neru will no longer provide hosting or any integration and back-end services for your leads which means you will not be able to access them through your account.

Intellectual Property Rights

Neru retains all rights, ownership, and intellectual property rights to the Site, Neru trademarks, and the visuals provided through the Site, including but not limited to its appearance and design (such as text, graphics, images, logos, buttons, icons, and the arrangement and layout of these elements), images, video, audio, data, content, software (including html-based computer programs), and other media, materials, or information, except for your own content. The Site is protected by copyright, trademark, and other laws and treaties in The Netherlands, Europe, the United States, and internationally.

In accordance with the terms and conditions of this agreement, Neru grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services covered by a valid subscription during the term of this agreement.

You acknowledge that any ideas, suggestions, concepts, processes, or techniques that you provide to Neru concerning the Services, the Site, or Neru's business (referred to as "Feedback") become the property of Neru without any compensation or other consideration being due to you from Neru, and you do so voluntarily. Neru may or may not, at its sole discretion, use or incorporate the Feedback in any form or derivative that it chooses into the Site, its software, services, documentation, business, or other products, or any future versions or derivatives of these items. You hereby assign all rights on a worldwide basis in perpetuity to Neru in any Feedback and, if applicable, waive any moral rights.

Neru owns any test results, data, information, and other output generated by your use of the Site and/or Services during the term of this agreement.

The following are registered trademarks, trademarks, or service marks of Neru or its affiliates: Neru®. All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Neru orits affiliates. All other trademarks or service marks are the property of their respective owners. These terms of use do not grant you any right to use any trademark, service mark, logo, or the name of Nerunor its affiliates.

Protection of Confidential Information

As a party to this agreement, you are obligated to protect and maintain the confidentiality of any information obtained from Neru during the duration of our agreement. This includes, but is not limited to, business plans, customer lists, operating procedures, trade secrets, design formulas, programming code, knowledge and processes, computer programs, and any inventions, discoveries, or improvements. This commitment extends beyond the term of our agreement and you must not disclose this information to any third party.

Acceptable Use & Conduct

By using this site, you agree to the following terms of acceptable use and conduct:

• You will not publish or make available any content that infringes upon or violates the intellectual property or proprietary rights of a third party.
• You will not use the site to distribute software viruses, Trojan horses, or any other computer code or programs designed to disrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• You will not engage in spamming, chain letters, pyramid schemes, or the advertisement of illegal or controlled products or services, unless specifically permitted. You will also not engage in any advertising or marketing activities that violate this agreement, the privacy policy, or any applicable laws or regulations.
• You will not publish or make available any content that is misleading, deceptive, fraudulent, or otherwise illegal, or that promotes illegal activities, including phishing or the obtaining of personal information in a deceptive manner.
• You will not publish or make available any content that is libelous, defamatory, threatening, abusive, violent, harassing, malicious, harmful to minors, or invasive of another's privacy.
• You will not publish or make available any content that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnicity, national origin, marital status, disability, sexual orientation, or age, or that is otherwise deemed inappropriate by Neru.
• You will not impersonate a Neru employee or any other person, or falsely claim an affiliation with any person or entity in order to gain unauthorized access to the site.
• You will not interfere with the proper functioning of the site, or prevent others from using it, or engage in any activity that disrupts the normal flow of dialogue or negatively affects other users' ability to use the site. You will also not disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the site or any other site or system in use by another user of Neru.
• You are not allowed to use any manual or automated means, such as agents, robots, scripts, or spiders, to monitor or copy the website or its content;
• You cannot facilitate the illegal distribution of copyrighted content;
• You are not allowed to license, sublicense, rent, or lease the services to third parties, use the services for third party training, commercial time-sharing, or service bureau use, or make the services available to third parties or commercially exploit them in any way;
• You are not allowed to include personal or identifying information about another person in a deceptive manner, such as using misleading email or IP addresses, forged headers, or manipulated identifiers to hide the origin of content transmitted through the website to users;
• You are not allowed to advertise or solicit to users who have requested not to be contacted about other products or services;
• You are not allowed to stalk or harass anyone on the website or with information obtained from it;
• You are not allowed to collect, use, or disclose data, including personal information, about users without their consent or for unlawful purposes or in violation of any applicable laws or regulations;
• You are not allowed to request, solicit, or otherwise obtain access to anyone’s username, password, or other authentication credentials on the website for the purpose of automating logins;
• You are not allowed to attempt to gain unauthorized access to Neru's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website;
• You are not allowed to post adult or pornographic content;
• You are not allowed to decompile or reverse engineer, or attempt to access the source code of the software underlying the website, the services, or any other Neru technology;
• You are not allowed to copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, or redistribute any part of the website;
• You are not allowed to access the website to build a product using similar ideas, features, functions, interface, or graphics as those found on the website;
• You are not allowed to access the website for the purpose of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
• You are not allowed to access the website to upload any content or computer code that could cause a breach of security, interfere with the proper functioning of the website, or prevent others from accessing or using it.

Fair Usage

Unless otherwise agreed to in writing, you are subject to the following usage limits:‍

Starter Plan

10.000 views

Pro Plan

25.000 views

Enterprise Plan

75.000 views

Custom Plan‍

Custom plans consist of accounts that do over 100k pageviews per month. All Custom plans are quoted with custom pageview limits.‍

Pageviews and Usage‍

Each time an optin loads on the designated page(s), it will be counted as one pageview.

If your usage exceeds these limits, you may need to upgrade to a subscription plan that better fits your needs. If your usage exceeds the limits of our available custom plans, you will be charged $29 for every 100,000 pageviews over the limit. Neru reserves the right to add additional pageview blocks to your account to cover any overages incurred. Neru also reserves the right to modify or create new usage limits at our discretion. Neru's failure to enforce any of these usage limits at any time does not constitute a waiver of our right to do so in the future.

Disclaimer of Warranties

By using our site and any content associated with it, including any content you upload or submit and any third-party software or content, you assume all responsibility and risk. The site is provided "as is" and "as available." We explicitly disclaim all representations, warranties, or conditions of any kind regarding the site, including but not limited to implied warranties or conditions of merchantability, suitability for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

We do not guarantee that the site or any content, including third-party software or content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that make it available are free of viruses or other harmful components. You agree that we may remove the site for indefinite periods of time without notice to you. Your access and use of the site may also be interrupted from time to time for various reasons, including but not limited to equipment malfunction, periodic updates, maintenance, or repair of the site, or other actions we deem necessary. We make no guarantee regarding the security of any information you provide, including your API, or the compatibility of your software, hardware, or content with the site.

We are not responsible for the actions or omissions of, or for the failures of, any third-party providers of any content, service, network, software, or hardware, including but not limited to internet service providers, hosting services used by us, telecommunications providers, content provided by other users, or any software or hardware not provided by us.

You are solely responsible for ensuring that your content is compatible with the site. We are not responsible for unauthorized use of your content by third parties or other users of the site and do not take responsibility for protecting your content.

By downloading or obtaining any material through the use of this site, you do so at your own risk and will be solely responsible for any damage to your computer system or other device or loss of data that may occur. Neru does not provide any warranties for the site or any information or advice obtained from it, whether oral or written. The site is controlled and operated by Neru from the Netherlands and may not be available or appropriate for use in other locations. Those who access or use the site from other locations do so at their own risk and are responsible for complying with local laws.

WCAG

You acknowledge and agree that Neru do not guarantee that its software will comply with the Web Content Accessibility Guidelines (WCAG) 2.0, 2.1, or any future guidelines (collectively referred to as "WCAG Compliance").

You also acknowledge and agree that Neru does not guarantee that their software, coding, or Javascript programming language can be modified to meet WCAG Compliance.

By using Neru, you accept it as is and agree to be fully responsible and solely liable for ensuring that your website and/or intended use of Neru meets WCAG Compliance and any other accessibility regulations required by law, which may change over time. You further agree to test Neru and all of its functionality and features on your website locally before allowing Neru to go live to the public in order to ensure WCAG Compliance. It is your responsibility to stay informed on all issues and requirements related to WCAG Compliance.

By choosing to install, integrate, and/or use Neru on your website, a third-party website, or any other online platform, you claim that such website(s) and/or online platform(s), including all pages and features, have been tested by you and meet WCAG Compliance. Neru (including any authorized representatives, principals, agents, officers, directors, shareholders, members, partners, employees, associates, successors, assigns, subsidiaries, licensees, and/or owners) is not be liable to you or any third party claiming through you or on your behalf for any failure to meet WCAG Compliance. You take full responsibility for meeting WCAG Compliance.

In the event of any contradictions between the terms in this WCAG Disclaimer and any other terms of service on this site, the terms in this WCAG Disclaimer shall take precedence over any inconsistencies.

Third Parties

The Site may allow you to access other websites or resources on the internet, and these websites may contain links to the Site. These websites are not controlled by Neru and you acknowledge that Neru is not responsible for the content of these third party websites, including the accuracy, quality, legality, appropriateness, safety, or intellectual property rights of the content. The inclusion of a link to these websites does not imply endorsement by Neru or any association with the operators of these websites. You also acknowledge that Neru is not responsible or liable for any damage or loss caused by the use or reliance on any content, goods, or services from these third party websites. Accessing and using these third party websites, including the information, material, products, and services on them, is at your own risk.

Limitation of Liability / Exclusion of Consequential and Related Damages

Neither party will be held liable for any individual incident arising from or related to this agreement for an amount greater than the amount paid by you in the preceding 12 months. However, the aggregate liability of either party for all incidents arising from or related to this agreement will not exceed the total amount paid by you. These limitations apply to both contract and tort actions and regardless of the theory of liability. Please note that these limitations do not apply to payment obligations outlined in the "Fees" section of the agreement. Neither party will be held liable for lost profits, revenue, indirect, special, incidental, consequential, cover, or punitive damages arising from or related to this agreement, regardless of whether the action is in contract or tort and regardless of the theory of liability. However, this disclaimer will not apply to the extent that it is prohibited by law.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN NERU AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT NERU WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Neru reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Neru shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity

You agree to protect, defend, and compensate Neru, and its subsidiaries, affiliates, co-branders, third-party advertisers, technology providers, service providers, and partners, and their respective officers, directors, agents, shareholders, employees, and representatives, from any third party claims, demands, losses, damages, costs, or liabilities (including reasonable attorneys' fees) related to this Agreement or the Site. This includes, but is not limited to, any issues arising from: (a) your use, non-use, or misuse of the Site, Services, and any Content, including your own and any third party Content on the Site; (b) any breach or alleged breach of this Agreement by you; and (c) your violation of any third party rights, including intellectual property rights. Neru reserves the right to handle the defense of any such matter at your expense, and you agree to assist in this defense. You also agree to not settle any matter without the prior written consent of Neru. Neru will make reasonable efforts to notify you of any such claims, actions, or proceedings as soon as we are aware of them.

Automatic Renewals

Unless you notify Neru before the end of your current subscription period that you wish to cancel your renewal, your subscription will automatically renew and we will charge the applicable annual or monthly subscription fee using the credit card or other payment method we have on file for you. You may cancel your subscription at any time by accessing the 'My Account and Billing' section of your dashboard.

Cancellation and Termination

To cancel your subscription, simply log into your account and navigate to the billing section. From there, you will find the option to cancel. If you are having trouble finding this option or have any questions about the process, please reach out to Support for assistance. Please note that you will still be responsible for any charges incurred on your account until the time of your subscription downgrade or cancellation, including the full monthly fee for the month of cancellation. However, if you cancel your subscription within the first 14 days of opening your Neru account, you will receive a refund of your subscription fee.

Refund Policy

Upon cancelling your subscription, Neru is not required to keep or store any of your account information or content. Neru has the option to either delete this information and content immediately or keep it according to its own processes and practices.

Neru reserves the right to end this agreement at any time, without incurring any charges or liabilities, for any reason, including but not limited to a breach of the terms of this agreement. Neru also reserves the right to temporarily or permanently suspend access to your account, subscription, or services if there is a violation or suspected violation of this agreement. Neru has the right to deny access to anyone, including but not limited to those users who use proxy servers and/or IP addresses outside of The Netherlands and the United States. Neru also reserves the right to end any portion of the site at any time, for any reason, with or without notice.

Agreement to Governing Law and Jurisdiction

If you and Neru have any disagreements or conflicts related to this Agreement, the website, or the services, you agree to let EU laws govern and resolve the dispute. You also agree to let the courts in Rotterdam, The Netherlands handle any claims, proceedings, or actions related to this Agreement, the website, or the services. However, Neru may seek and obtain temporary court orders in any jurisdiction.

Severability

If any part of this Agreement is deemed to be illegal, invalid, or unenforceable by an arbitrator or court of competent jurisdiction, the rest of this Agreement will remain in effect. Only the specific part that is deemed illegal, invalid, or unenforceable will be removed from this Agreement.

Legal Remedies

By accepting these terms and conditions, you acknowledge that any breach of this Agreement may be remedied through the use of injunction or other equitable remedies, even if no financial damages have been incurred.

Additionally, you understand that if Neru chooses not to enforce any rights or remedies outlined in this Agreement, it does not constitute a formal waiver of those rights and they may still be exercised at a later time.

Surviving Provisions

"The following sections of this agreement will remain in effect even if your account is terminated or the agreement expires: Submission of Content, Intellectual Property Rights, Confidential Information, Disclaimer of Warranties, Third Party Sites and Content, Limitation of Liability/Exclusion of Consequential and Related Damages, Indemnity, Agreement to Governing Law and Jurisdiction, Severability, Legal Remedies, and any other provisions that are intended to survive termination. These provisions will continue to be fully enforced."

Manner of Giving Notice

Unless otherwise stated in this Agreement, all notifications, permissions, and approvals must be written and will be considered received when: (i) personally delivered, (ii) received two business days after mailing, (iii) received two business days after being sent via confirmed fax, or (iv) received one business day after being sent via email. Notifications regarding billing should be sent to the designated billing contact provided by you. All other notifications should be sent to the designated contact provided by you.