Effective Date: 24September2024

Welcome to Nudgiv! These Terms of Service govern your access to and use of our website and services. By accessing or using our services, you agree to comply with and be bound by these terms. Please read them carefully.

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1. Acceptance of Terms

By accessing or using any part of Nudgiv’s services, including our website, digital solutions, or software, you agree to be bound by these Terms of Service. If you do not agree to all the terms, you may not access or use the services.

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2. Services Provided

Nudgiv offers services related to:

- CRM and ERP systems design and implementation

- Lead generation services (including PPC advertising and cold email)

- Sales automation services (including email/SMS marketing and system integration)

All services provided by Nudgiv are subject to these terms and any applicable agreements or contracts you enter into with us.

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3. User Responsibilities

When using our services, you agree to:

- Provide accurate and complete information when required

- Use our services in compliance with all applicable laws and regulations

- Refrain from using our services to engage in any illegal or unauthorized activities

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

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4. Payment Terms

For paid services, you agree to the pricing and payment terms outlined in your contract or service agreement with Nudgiv. All fees must be paid in full and are non-refundable unless otherwise specified in writing.

Failure to pay for services on time may result in suspension or termination of your account.

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5. Intellectual Property

All content, software, and materials provided through our website and services, including trademarks, logos, and copyrighted works, are the property of Nudgiv or its licensors. You are not permitted to copy, distribute, or otherwise use any content without prior written permission from Nudgiv, except as allowed under the law.

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6. Prohibited Activities

You agree not to engage in the following activities when using our services:

- Attempting to gain unauthorized access to our systems or any other user accounts

- Using our services for any fraudulent, illegal, or harmful purpose

- Reverse engineering or attempting to extract the source code from our services

- Interfering with or disrupting the proper functioning of our website or services

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7. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and without prior notice. This may occur if you violate these Terms of Service or engage in conduct that harms the integrity or reputation of Nudgiv.

Upon termination, your right to use our services will cease immediately.

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8. Disclaimer of Warranties

Nudgiv provides its services “as is” and without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

While we strive to provide high-quality services, we do not guarantee that our services will meet your expectations or be available on an uninterrupted, secure, or error-free basis.

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9. Limitation of Liability

To the fullest extent permitted by law, Nudgiv, its affiliates, and its partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities, resulting from your use of our services.

Our liability for any claim related to your use of our services will not exceed the amount you paid to Nudgiv during the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nudgiv, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of our services, your violation of these terms, or your infringement of any third-party rights.

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11. Modifications to the Terms of Service

Nudgiv reserves the right to update or modify these Terms of Service at any time. Any changes will be effective upon posting the revised terms on our website. It is your responsibility to review these terms periodically. Continued use of our services after any changes constitutes acceptance of the new terms.

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12. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law principles.

Any disputes arising from or related to these terms will be resolved through binding arbitration in Richmond, Virginia, unless otherwise agreed in writing by both parties.

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13. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

Nudgiv

224 Siena Lane

Richmond, VA 23059

jordan@nudgiv.com

804-658-6670