Last Updated: May 13, 2026
These terms of service (the “Terms”) apply to the NusukWEB API marketplace/network and other products and services (collectively, the “Service”) provided by SNLG Corporation, dba NusukWEB (“NusukWeb”, “our,” or “we”) via nusukweb.com (the “Site”).
If you have a separate agreement with any SNLG entity for any other products or services, those terms shall not apply to the Service provided under these Terms.
By registering to use the Service, accessing the Service or providing access to any APIs via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.
These Terms apply to individuals and entities that provide access to APIs via the Service (“API Providers”) and individuals and entities that obtain access to APIs via the Service (“API Consumers”). Unless otherwise specified, “you” refers to API Providers and API Consumers.
The “Effective Date” of these Terms is the date you first access the Service.
NusukWeb reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of NusukWeb) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by NusukWeb. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.
If NusukWeb will process personal data in connection with Your use of the Service, it will do so in accordance with the Data Processing Addendum.
NusukWeb’s API Hub connects API Providers and API Consumers. The Service enables API Providers to list the APIs they offer for purchase by API Consumers. Each API offering includes a description of the API, its associated price, and other related terms and conditions. API Consumers may purchase the right to use an API on an individual basis or as part of a subscription plan. The Service is not available in all countries and specifically cannot be used/provided to the following countries/regions: Belarus, Cuba, Crimea, Donetsk, Iran, North Korea, Russia, Syria.
NusukWeb grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service subject to these Terms.
In order to access the Service, API Providers and API Consumers must be over the age of 18 and register with NusukWeb by completing the registration forms provided via the Site. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site (“Registration Data”), (b) maintain the security of your NusukWeb account password, (c) maintain and promptly update the Registration Data, and any other information you provide to NusukWeb, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to NusukWeb.
You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your NusukWeb account or password. You must notify NusukWeb immediately if you learn of any unauthorized use of your NusukWeb account or password.
NusukWeb provides the API Hub, but the terms and conditions applicable to the APIs (including, the use of the APIs) are between API Providers and API Consumers (not NusukWeb).
With respect to each API, API Consumers and the API Provider who listed such API via the Service acknowledge and agree that the terms and conditions applicable to the use of and other rights with respect to such API by each such API Consumer are solely between each such API Consumer and such API Provider, and not with NusukWeb. Each API Provider (not NusukWeb) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
NusukWeb reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice. API Providers and API Consumers acknowledge and agree that NusukWeb may remove any API or any API Content/Terms at NusukWeb’s sole discretion.
As API Hub functions as a hosting platform only, NusukWeb shall refrain to the fullest extent permitted by applicable law being liable for any abuse or misuse of APIs.
API Providers may make APIs available via the Service by completing NusukWeb’s listing form.
For each API, API Providers must provide the URLs applicable to such API on the API Provider’s websites (“API Provider Sites”), a brief description of the API, the API pricing parameters (free use, unique object pricing, or subscription), any overage fees and any other applicable terms and conditions (e.g., service level standards) (collectively, “API Content/Terms”).
API Provider grants NusukWeb the right to distribute the APIs and the API Content/Terms provided by API Provider (or a party on its behalf) via the Service. Further, API Provider consents to NusukWeb’s use of its name and, if applicable, API Provider’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying API Provider (and, if applicable, API Provider’s company) as part of the NusukWeb API network.
API Provider grants NusukWeb a non-exclusive, royalty-free, worldwide license to use your name, logo, and other trademarks solely for the purpose of listing you as a user/customer on NusukWeb’s website, in NusukWeb’s marketing materials, and in sales presentations, unless and until you notify NusukWeb in writing that you do not wish for NusukWeb to do so.
API Provider, not NusukWeb, is responsible for monitoring and enforcing the API Content/Terms applicable to each API to which it grants an API Consumer access. API Provider acknowledges and agrees that NusukWeb will not be liable for any actual or alleged breach of the terms and conditions governing the use of APIs by API Consumer (or any damages arising from or related to such actual or alleged breach).
API Provider represents and warrants that (a) all representations and warranties made by API Provider with respect to the APIs it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the APIs it lists via the Service and all API Content/Terms posted to the Service.
API Provider must promptly notify NusukWeb upon becoming aware of any IP infringement claims against the APIs it lists via the Service and cooperate fully in the defense against such claims. Additionally, API Provider agrees to indemnify, defend, and hold harmless NusukWeb and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees), and expenses arising out of or related to:
API Providers are prohibited from uploading APIs that infringe upon third-party trademarks, privacy laws, or any other intellectual property rights. NusukWeb may conduct regular audits and reviews of API listings to ensure compliance with these Terms.
NusukWeb does not provide API Consumer email addresses or other contact information to an API Provider. In no event may API Provider bypass NusukWeb’s billing, management, marketplace or Service and/or use any information obtained via NusukWeb, the Service or the Site to market to API Consumers, solicit API Consumers or other users to leave the Service or obtain APIs directly via API Providers or any non-NusukWeb source.
Except as expressly authorized by these Terms, you may not:
"GenAI Features” means any generative artificial intelligence functionality made available as part of or in connection with the Service. GenAI Features, where available, may only be accessed and used in connection with the Service and are not provided as standalone products or services. GenAI Features are provided on an "AS IS” and “AS AVAILABLE" basis. Your use of GenAI Features is at your sole risk, and you are responsible for ensuring that your use of the GenAI Features complies with these Terms and all applicable laws. NusukWeb makes no warranties or representations, express or implied, regarding the accuracy, reliability, legality, or fitness for any purpose of outputs generated by GenAI Features. You acknowledge and agree that you are solely responsible for evaluating and verifying any outputs generated by GenAI Features before taking any action based on such outputs.
To the extent the Service includes chatbot or conversational AI functionality as part of the GenAI Features, you acknowledge and agree that: (a) such chatbot functionality is provided for informational and assistive purposes only and does not constitute professional, legal, financial, or technical advice; (b) chatbot responses are generated algorithmically and may be inaccurate, incomplete, or outdated; (c) you shall not rely on chatbot outputs as a sole basis for any decision or action without independent verification; (d) NusukWeb shall have no liability for any loss, damage, or claim arising from your reliance on or use of any chatbot-generated output; and (e) you shall not input, submit, or otherwise transmit any personal data (as defined under applicable data protection laws) into or through the chatbot, and you are solely responsible for ensuring that no personal data is provided to the chatbot in any form. NusukWeb disclaims all liability for any unauthorized or inadvertent submission of personal data to the chatbot. You are solely responsible for evaluating the appropriateness and accuracy of any information provided by the chatbot prior to acting upon it.
NusukWeb reserves the right, but does not have the obligation, to screen, remove, or edit any content, links, comments or materials posted or stored on or transmitted through the Service, including API Content/Terms (collectively, “User Content”) at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
Unless otherwise expressly indicated in these Terms, all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “NusukWeb Materials”) are exclusively owned by NusukWeb or are used with permission. You may not use or disclose any of the NusukWeb Materials without NusukWeb’s express prior written consent. NusukWeb reserves all rights not expressly set forth in these Terms.
When you post, link, or otherwise make available User Content to the Service, you grant NusukWeb a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site.
NusukWeb retains all rights in API metadata, performance data, and logs relating to use of the Service.
NusukWeb’s Service is a technology platform that facilitates connections between API Providers and API Consumers. NusukWeb does not act as a reseller, agent, or representative of API Providers. All transactions are between API Providers and API Consumers, and NusukWeb’s role is limited to enabling access, facilitating billing, and providing infrastructure support.
API Consumer may browse listed APIs and subscribe to access and use APIs pursuant to one of the API subscription plans selected by API Consumer. Depending on a particular API offering, API Consumer may also be able to arrange custom pricing and service directly with an API Provider.
Unless otherwise expressly set forth in the subscription plan selected by an API Consumer, subscription plans will automatically renew for additional periods equivalent in length to the initial subscription period selected by such API Consumer. Each API Consumer may change the type of subscription plan selected or terminate the subscription plan according to the terms and conditions of such subscription plan.
The pricing terms for each API Consumer’s access and use of APIs are set forth in the subscription plan selected by such API Consumer (unless the API is not being purchased pursuant to a subscription plan). All payments must be made in U.S. Dollars by credit or debit card via an authorized NusukWeb payment processor.
NusukWeb will charge the credit/debit card provided by API Consumer via the Service in advance and in accordance the subscription plan selected by API Consumer. Most plans are monthly with subscriptions payable at the beginning of each month. For freemium plans, NusukWeb will authorize the credit/debit card provided by API Consumer by placing a $0.50 hold that will be released after 7 days if no overages are incurred.
Each API Consumer hereby authorizes NusukWeb (or its authorized payment processor) to charge the credit/debit card number provided by such API Consumer in accordance with the subscription plan selected, and such API Consumer represents and warrants that such API Consumer is authorized to use and have fees charged to the credit/debit card number provided. API Consumer understands that it may withdraw such authorization by submitting a request at https://support.NusukWebapi.com/hc/en-us.
NusukWeb collects subscription fees and other payments associated with API Consumers’ access and use of APIs provided by API Providers via the Service (“API Fees”). API Providers authorize NusukWeb to collect payments on their behalf and following NusukWeb’s receipt of the API Fees applicable to an API listed on the Service by an API Provider, deduct any applicable taxes (where required), marketplace, or processing fees, and pass on the net amount to the applicable API Provider, via NusukWeb’s authorized payment processors. NusukWeb’s billing facilitation does not imply any assumption of tax liability or responsibility unless explicitly required by law in particular jurisdictions.
In order to receive payment of any API Fees, API Provider must have an account with NusukWeb’s authorized payment processors. Detailed instructions can be found in the support article Payouts and Finance. NusukWeb is not responsible for payment failure if API Provider gives incomplete or inaccurate information to the authorized payment processor. NusukWeb is not responsible for payment failure if API Provider gives incomplete or inaccurate information to the authorized payment processor.
NusukWeb will use commercially reasonable efforts to ensure that all payments determined to be eligible - that is, payments not subject to dispute and/or not deemed uncollectable for any reason and/or not refunded are processed in the first week of the second month following transaction with the API Consumer, provided that API Provider has registered with our third party payment providers and provided them accurate payment information. In case of payment failure, it is the responsibility of the API Provider to rectify the issue to ensure timely payment processing.
Third parties, such as your bank, credit card issuer, debit card issuer, or card network, may charge you additional fees.
API Providers are paid on a monthly basis in arrears via the Service. Notwithstanding any provision to the contrary in these Terms, API Providers acknowledge and agree that NusukWeb will use reasonable effort to collect API Fees, but NusukWeb is not responsible for any failure to collect API Fees (including, but not limited to, any damages that arise out of, result from, are attributable to or are in any way incidental to such failure).
NusukWeb, at its sole discretion, may modify its transaction fee with no less than 7 days’ advance notice.
For purposes of these Terms, “Taxes” shall mean any and all taxes, levies, duties, charges, or withholdings of any nature, including but not limited to value-added tax (VAT), sales tax, use tax, excise tax, and any other similar taxes imposed by any governmental authority.
(1) Except for the cases falling under (2) below, all API Fees charged by NusukWeb are exclusive of any Taxes. API Consumers and API Providers shall be responsible for the payment of their own Taxes arising from or in connection with the provision or use of Services. NusukWeb shall not be liable for any Taxes that You are required to pay under applicable law.
API Providers are solely responsible for determining, calculating, collecting, reporting, and remitting all applicable Taxes related to their offerings. NusukWeb does not provide tax advice or assume responsibility for tax compliance.
(2) Where legally obligated under applicable laws, NusukWeb may collect and remit taxes on behalf of API Providers. In such cases:
NusukWeb relies on tax-related information provided by API Providers, including certifications of taxability, exemption status, and jurisdictional applicability. NusukWeb shall not be liable for incorrect tax collection or remittance resulting from inaccurate, incomplete, or outdated information supplied by API Providers. API Providers agree to indemnify and hold NusukWeb harmless from any claims, penalties, or liabilities arising from such inaccuracies.
API Consumers are responsible for providing accurate location data to enable correct tax determination. NusukWeb shall not be liable for incorrect tax assessments due to inaccurate or missing API Consumer location information.
Taxes on NusukWeb Services
NusukWeb’s Services may be subject to taxation in certain jurisdictions. NusukWeb will collect and remit such taxes only where legally obligated. NusukWebAPI disclaims any liability for tax obligations arising from Services unless explicitly required by law.
NusukWeb users may report content that appears on/via the Site or Service to NusukWeb that he/she thinks violates these Terms, and NusukWeb may remove such content, suspend or terminate the account of the user who posted such content and/or take additional action to enforce these Terms against such user.
Any suggestions, comments, or other feedback provided by you to NusukWeb with respect to the Service or NusukWeb (collectively, “Feedback”) will constitute confidential information of NusukWeb. NusukWeb will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
NusukWeb makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site. NusukWeb provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by NusukWeb of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, NusukWeb’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
NusukWeb may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. NusukWeb is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
NusukWeb’s name, trademarks, logos, and any other NusukWeb product, service name, or slogan included in the Service are property of NusukWeb and its affiliates and may not be copied, imitated, or used (in whole or in part) without NusukWeb’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of NusukWeb and may not be copied, imitated, or used (in whole or in part) without NusukWeb’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by NusukWeb and its licensors with such company or an endorsement or approval by such company of NusukWeb or its licensors or their respective products or services.
NusukWeb may, at its sole discretion, suspend or terminate your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if NusukWeb suspends or terminates your license to access or use the Service. NusukWeb reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. NusukWeb may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
API Providers and API Consumers acknowledge and agree that NusukWeb may remove any API or any API Content/Terms at NusukWeb’s sole discretion. In particular, NusukWeb shall have the exclusive right, at its sole discretion, to:
API Consumer may terminate its subscription plan at any time by selecting Unsubscribe from the applicable API plan page. NO REFUNDS WILL BE ISSUED.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUSUKWEB DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE NUSUKWEB MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUSUKWEB DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
You agree, at your sole expense, to defend, indemnify and hold NusukWeb (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUSUKWEB WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND NUSUKWEB MATERIALS), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), DOWNTIME, BUGS, OR DATA LOSS RESULTING FROM THIRD-PARTY APIS OR SECURITY BREACHES ,EVEN IF NUSUKWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NUSUKWEB ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
NusukWeb reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH NUSUKWEB AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NUSUKWEB.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and NusukWeb agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in New York, NY. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and NusukWeb are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and NusukWeb intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in New York, NY. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
The laws of the State of New York shall govern all matters arising out of or in relation to these Terms and any transactions hereunder, including the interpretation, construction, performance and enforcement thereof. Notwithstanding the foregoing, either Party may seek injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such Party’s Intellectual Property Rights, breaches of Confidentiality or to protect its rights during the dispute process. The Parties specifically disclaim the application of the United Nations Convention on “Contracts for the International Sale of Goods”. Each Party to these Terms hereby expressly, voluntarily, knowingly, and irrevocably waives any constitutional or other right each may have to a trial by jury in the event of litigation concerning any claim, demand, action or cause of action arising under these Terms, whether now existing or hereafter arising, and whether sounding in tort or contract or otherwise.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of NusukWeb. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. NusukWeb may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that NusukWeb uses a third party hosting infrastructure in connection with the Services (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and NusukWeb assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us by submitting a request at https://support.NusukWebapi.com/hc/en-us.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
NusukWeb is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by NusukWeb, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
The following provisions apply to Your use of the free “Paw Classic” or “NusukWebAPI for Mac” software (the “Software”):
1. Grant of License. Subject to Your compliance with this Agreement, and any restrictions provided herein, We grant to You (i) a personal, non-exclusive, non-transferable, revocable right to use the Software and any related Documentation, solely in support of Your internal business operations, subject to the conditions in section 2 below; and (ii) the right to make an uninstalled copy of the Software for archival purposes which You may use and install for disaster-recovery purposes (i.e., where the primary installation of the Software becomes unavailable for use). You may exercise Your rights through third-parties (“Consultants”) in order for such Consultants to deliver services to You, provided Consultants are under written obligation to comply with this Agreement, and You assume full responsibility for the actions of Consultants in connection with such use.
2. Use Rights and Limitations. You are allowed to indefinitely use the version of the Software available at the time of download, future updates to the Software may be provided through Our website at no additional charge. For this type of license, You are allowed to install the Software on up to three (3) different machines at a time. While this type of license may be obtained by either individuals or organizations, one license is valid only for one physical person, and may not be transferred to third parties, sold or be shared by multiple individuals or organizations.
3. Restrictions. You may not, without Our prior written consent, conduct, cause or permit anyone to: (i) modify, copy, transmit, alter, merge, decompile, disassemble, reverse engineer, or adapt any portion of the Software; (ii) encumber, time-share, rent, or lease the rights granted herein; (iii) manufacture, adapt, create derivative works of, localize, port, or otherwise modify Software or Documentation; (iv) disclose or otherwise make available the Software or Documentation to any third party; or (v) enable any Software features or capacity that We license as separate products without Our prior written consent. You shall not remove any of Our trademarks, patent, or copyright notices or markings from the Software or Documentation or add any other notices or markings. Additionally, You may not, (a) modify, block, circumvent or otherwise interfere with any authentication, license key or security measures in the Software (b) use or permit use of the Software in any hazardous environments requiring fail-safe performance (e.g., aircraft navigation or communications systems, air traffic control, in the operation of nuclear facilities, direct life support machines, military defense systems, etc.) in which their failure could lead directly to death, personal injury or severe physical or environmental damage. The use of Software for any such application without Our prior written consent shall be at Your sole risk.
Limited Right to Decompile in the EU: If You use Software within the European Union, then the European Directive 2009/24 will apply to the examination and/or de-compilation of Software to obtain the information necessary for You to achieve interoperability. However, You may not perform such examination and/or de-compilation of Software without first having requested the information from Us, by making a sufficiently detailed written request to do so and having permitted a reasonable time (at least thirty (30) days) for receipt of such information. We may, at Our option, offer support or assistance for establishing interoperability.
4. Software Provided “As Is”
The Software is provided “As Is”. To the fullest extent permitted by law, We do not make any warranty of any kind, whether expressed, implied, including warranties of merchantability or fitness for a particular use. You may try the Software before you purchase it.
5. FOSS and Other Licenses.
a. If the Software contains free or open source software (FOSS) that is packaged separately or integrated with the Software, and to which third party license obligations apply, information will be available, either in the FOSS itself, on the website from which the download is available, or from Us upon request, indicating the license under which such FOSS was released, and containing required acknowledgements, legends and/or notices. Your rights to use, copy, and further distribute (if applicable) the FOSS are governed by the license originally applicable to the FOSS.
b. If You modify any FOSS then notwithstanding any other provisions to the contrary, We will have no further liability or obligation to provide support, maintenance, warranty or indemnity with respect to the modified FOSS or any of Our products with which the modified version of the FOSS interacts.
c. Certain Software may be delivered with its own specific license (“Additional License”). In such a case, the terms of the Additional License will be delivered to You, such as in a separate license .txt file or as part of a separate click-to-accept agreement and will govern Your use of that certain Software to the extent We do not have a right to supersede them. Our licensors are third party beneficiaries of this Agreement with respect to their Software and Documentation.
If you have any questions regarding the use of the Service, please submit a request at Telegram @nusukweb