Effective Date: 5th June 2025
Last Updated: 5th June 2025

1. Introduction

Welcome to Nebbi. These Terms of Service ("Terms") are a binding legal agreement between you and Nebbi, Inc. ("Nebbi," "we," "us," or "our"). These Terms govern your access to and use of the Nebbi mobile application, website, and related services (collectively, the "App" or "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the App.

These Terms apply differently depending on where you’re located:

• For users located in the United States and countries outside of the European Economic Area (EEA), the United Kingdom, and Switzerland: These Global Terms apply.

• For users located in the EEA, UK, or Switzerland: A region-specific version of these Terms applies. These are outlined in the final section of this document.

If you're unsure which Terms apply to you, please contact us at support@nebbi.io.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: When you agree to these terms you are agreeing (with limited exception) to resolve any dispute between you and Nebbi through binding, individual arbitration rather than in court. Please review carefully Section 15 “Agreement to Arbitrate” below for details regarding arbitration.

2. Who Can Use Nebbi

To use the App, you must:

• Be at least 13 years old (or 16 where required by law)

• Have the legal capacity under your local laws to enter into a binding contract (e.g. be at least 18 in many jurisdictions)

• Use the App only for lawful, personal wellness purposes

We do not knowingly collect personal data from children under 13 (or under 16 in applicable jurisdictions). If we become aware of unauthorized data collection from a minor, we will delete the data and may terminate the account.

3. Your Account

You are responsible for:

• Keeping your account details (e.g. name, email, demographic info) accurate and up to date,

• Maintaining the confidentiality of your login credentials,

• Not sharing your account or impersonating others,

• Using the App for your own personal use only.

You may not:

• Attempt to reverse engineer, access source code, or tamper with the App’s functionality,

• Disrupt, overload, or interfere with the App or its systems,

• Submit content that is abusive, misleading, unlawful, or violates intellectual property rights,

• Use automation tools, bots, or scrapers to extract or misuse App data.

Violation of any of the above may lead to immediate termination of your account.

4. Subscriptions and Billing

Nebbi offers three subscription options:

• Founding Membership

• One-time payment of $99 USD (plus applicable taxes) for lifetime access.

• Available exclusively to the first 500 users.

• Non-refundable, non-transferable, and cannot be reinstated if cancelled or deleted.

• 30-Day Satisfaction Guarantee: If you don’t feel supported or aligned with Nebbi, we’ll offer a full refund within 30 days of app launch — no questions asked. To request a refund, email support@nebbi.io with your account details.
  
  

• Annual Subscription

• $99 USD per year (plus applicable taxes), automatically renews every 12 months.

• Billed annually (plus applicable taxes) unless cancelled at least 24 hours before the renewal date. Renewal notifications and subscription management are handled through your chosen app store (Apple App Store or Google Play Store) in accordance with their policies. We encourage you to review your subscription settings and ensure you manage any cancellations directly through your app store account.
  
  

• Monthly Subscription

• $13.99 USD per month (plus applicable taxes), automatically renews each month.

• Billed monthly unless cancelled at least 24 hours before the renewal date.

All subscriptions are managed and processed through third-party platforms including RevenueCat, Apple App Store, Google Play Store, and Stripe.

Note: All prices listed are in USD and may be subject to additional local taxes depending on your billing address or app store region.

You are responsible for managing cancellations directly through your app store or payment platform account.

1. Cancellation

1. To avoid being charged for the next billing cycle, you must cancel your subscription at least 24 hours before the end of your current period. If you subscribed via the Apple App Store or Google Play Store, cancellation must be completed directly through your device’s subscription settings. 

2. In relation to the Founding Membership, which is managed via a one-off payment through Stripe, there is no need to manage or cancel this subscription. Contact support@nebbi.io for any Founding Membership Subscription concerns.

3. Cancelling your subscription will stop future renewals, but you will retain access until the end of the current billing period.

4. No refunds will be issued for partial periods, accidental deletions, or missed cancellations.

2. Changes

1. We may update or modify aspects of your subscription, including pricing and features.

2. If we make material changes — including a price increase — we will notify you in advance using the email associated with your account.

3. If you do not agree to the changes, you may cancel your subscription before the new terms take effect by following the steps outlined in Section 2(a).

4. Continuing to use Nebbi after the changes are implemented will be considered acceptance of the updated terms.

3. Promotional Offers Converting to Recurring Subscriptions

1. From time to time, Nebbi may offer promotional deals in connection with recurring subscriptions — such as free trials, introductory pricing, or limited-time discounts (each a “Promotional Offer”). Additional terms specific to each Promotional Offer will be outlined at the time of the offer (“Offer Terms”).

2. To enroll in a Promotional Offer, you must meet all eligibility requirements specified in both these Terms and the Offer Terms. Unless stated otherwise in the Offer Terms, Promotional Offers are only available to new users who have not previously subscribed to Nebbi or participated in any prior Nebbi promotional offer.

3. In some cases, we may extend select offers to past subscribers — in which case, you must meet any conditions stated in the relevant Offer Terms (e.g. a required lapse period between subscriptions).

4. Nebbi reserves the right to determine eligibility for Promotional Offers, and may modify, restrict, or cancel any Promotional Offer at any time at its sole discretion.

5. Unless otherwise stated, you will be required to provide a valid payment method to access a Promotional Offer. When the promotional period ends, your subscription will automatically convert to a recurring monthly or annual plan (based on the Offer Terms), and your payment method will be charged the then-current rate, plus any applicable taxes.

6. If you do not wish to continue, you must cancel your subscription at least 24 hours before the end of the trial or promotional period to avoid being charged. Where required by law, reminders about trial or promotional offer expirations are managed by your chosen app store (Apple App Store or Google Play Store) in accordance with their policies. We encourage you to check your subscription settings and ensure cancellations are made directly through your app store account.

4. Future Functionality

1. Your subscription or one-time purchase is made with the understanding that Nebbi may evolve over time. Your access to the App and its features is not contingent on the delivery of any specific current or future functionality, features, or content, nor is it dependent on any public or private statements — written or verbal — made by Nebbi about future updates or improvements.

2. We may add, change, or remove features at any time as we continue to develop and improve the App.

5. Termination

1. We reserve the right to suspend or terminate your access to Nebbi, your account, or any subscription at our sole discretion, without prior notice, if we believe you have violated these Terms or applicable laws, or if continued access would pose risk to Nebbi or its users.

2. We may also terminate your subscription if:

1. Your access was provided through a third-party promotion and you no longer meet the eligibility criteria;

2. Your subscription was obtained through an organisation and your eligibility changes based on the terms of our agreement with that organisation.

3. You may cancel your Nebbi account at any time by contacting support@nebbi.io. Please note that account deletion does not automatically cancel your active subscription — you are responsible for managing that separately as outlined in Section 2(a).

4. Upon termination, discontinuation, or cancellation of your account or access to the Services, all provisions of these Terms that by their nature should survive will continue to apply, including but not limited to intellectual property rights, disclaimers, limitations of liability, and dispute resolution clauses.

Important Notes

• If you delete your account, all associated access and subscription benefits will be permanently lost.

• Founding Memberships cannot be reinstated once cancelled or deleted.

• Refunds are not provided for unused time or mistaken cancellations.

5. Medical And Wellness Disclaimer

Nebbi is a self-guided wellness tool, designed to support reflection, awareness, and emotional wellbeing. It is not a medical or mental health service, and must not be relied upon as a substitute for professional advice, diagnosis, or treatment.

Nebbi does not offer or provide:

• Professional mental health, psychiatric, or psychological services

• Medical advice, diagnosis, or treatment

• Clinical evaluation or analysis of your entries, behaviours, or health status

• Emergency response or crisis support of any kind

Nebbi is not a licensed healthcare provider and does not have expertise in diagnosing or treating medical or psychological conditions, or in prescribing or evaluating the effects of any treatments.

If you are in crisis, experiencing distress, or require mental health or medical support, please contact a licensed health professional or your local emergency services immediately.

Your use of Nebbi is entirely at your own discretion and risk, and cannot provide personalized therapeutic feedback. You should never delay or disregard professional advice because of something you’ve seen in Nebbi.

Some features may involve mindfulness or reflective activities. These are not suitable for everyone. Do not use the App while driving, operating machinery, or performing any task that requires full attention.

6. Data & Privacy

Your privacy matters to us. Nebbi is designed to support your wellbeing while protecting your personal information. Our [Privacy Policy] outlines in detail how we collect, store, and process your data. By using the App, you consent to these practices.

What We Collect

We may collect the following types of information:

• Account information – such as your name, email address, date of birth, and gender

• Voluntary inputs – including your mood logs, journal entries, and in-app preferences

• Technical data – such as IP address, device type, session activity, and crash reports

• Subscription and billing data – processed via RevenueCat, Apple, Google, and Stripe.
  
  

Third-Party Platforms We Use

To operate Nebbi effectively and securely, we rely on the following service providers:

• Firebase – for hosting, authentication, and basic analytics

• FirebaseCMS - to manage and update app content dynamically without requiring code changes

• Google Analytics for Firebase – to understand user behavior

• RevenueCat – for managing in-app subscriptions and payments

• Flodesk – for email and communication

We apply industry-standard encryption and security protocols to protect your data in transit and at rest. We do not sell your personal data to third parties. You can request access to, update, or permanently delete your personal data at any time by contacting support@nebbi.io.

Acceptable Use and Data Security

To protect all users and the integrity of our Services, you agree not to:

• Bypass, deactivate, impair, or otherwise circumvent any security measures or protections built into the App or its underlying services

• Use scraping tools, bots, spiders, crawlers, or any other unauthorized software or methods to access or extract data from Nebbi

• Decipher, decompile, disassemble, or reverse engineer any part of the App or attempt to uncover source code

• Interfere with or disrupt the experience of other users, or with Nebbi’s servers or networks, including sending malware, overloading systems, or spamming

• Collect or attempt to collect personal information from other Nebbi users without their clear and informed consent

• Access or use another person’s Nebbi account without their permission

• Engage in any harassing, threatening, abusive, stalking, or harmful behaviour within or in relation to Nebbi

• Encourage or assist others in engaging in any of the above
  
  

Violations of this section may result in the suspension or termination of your account and potential legal action.

7. Intellectual Property

All content within the App — including but not limited to software, design, features, interface elements, brand assets, illustrations, text, and code — is the exclusive property of Nebbi, Inc. or its licensors. This content is protected by intellectual property laws in the United States and internationally.

a) App Content

You agree not to:

• Copy, modify, distribute, reverse engineer, lease, or sell any part of the App or its content

• Use Nebbi’s trademarks, logos, or brand elements without our prior written permission

• Create derivative works or competing products or services using any Nebbi intellectual property

Nebbi grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes only.

b) User Content

By submitting, uploading, or creating any content within the App — including journal entries, reflections, mood logs, or other personal inputs (“User Content”) — you grant Nebbi a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, store, copy, reproduce, modify, adapt, translate, publish, and distribute your User Content for the purpose of operating, improving, and marketing the App and related services.

You retain ownership of your User Content. However:

• Your User Content is not made publicly visible or shared with others without your express written consent.

• You are solely responsible for the legality, accuracy, and appropriateness of your User Content.

• Nebbi may review, moderate, or remove User Content at any time and for any reason — including violations of these Terms, intellectual property infringement, or risk to other users.

• If Nebbi introduces features that allow public or shared content in the future, we may add community guidelines and a copyright takedown process to comply with applicable law.

c) Third-Party Integrations

The App may display or incorporate content or functionality provided by third-party partners ("Third-Party Integrations"). This includes services powered by APIs such as Firebase, or analytics platforms. You acknowledge that:

• Third-Party Integrations are provided as-is and subject to the terms of those third-party providers

• Nebbi does not control or endorse Third-Party Content and is not responsible for its accuracy, legality, or security

8. Suspension and Termination

We reserve the right to:

• Suspend or terminate your access to the App at any time if we believe that you breached these Terms,

• Remove or restrict access to content or features that violate laws, user safety, or Nebbi’s reputation,

• Delete your data permanently upon account closure or termination.

If you violate these Terms:

• You will lose access to any paid subscriptions (including Founding Memberships),

• No refunds will be granted,

• You may be permanently banned from re-accessing the App.

We may also suspend or modify App features, content, or availability at any time without liability.

9. Third-Party Services

To operate, personalize, and improve the Nebbi app (the “App”), we integrate with a number of trusted third-party platforms. These services may process limited personal data strictly for the purposes of hosting, analytics, communication, payments, or optional AI-powered features.

The third-party providers we currently work with include (but are not limited to):

• RevenueCat – subscription billing and management

• Firebase – infrastructure, authentication, real-time database, analytics

• FirebaseCMS – managing and updating app content dynamically without requiring code changes

• Google Analytics for Firebase – user behaviour insights

• Stripe – secure payment processing

• Flodesk – email campaigns and onboarding communications

Some features within the App may be subject to additional terms required by these third-party providers. By using those features, you agree to comply with any applicable third-party terms.

These providers are contractually required to safeguard your personal information and are not permitted to use your data for their own purposes.

Third-Party Content and Links

The App may contain links to or display content from external websites, platforms, services, or events (“Third-Party Content”). These are provided solely for your convenience. Nebbi does not control or endorse any Third-Party Content and makes no warranties or representations regarding their accuracy, security, legality, or usefulness.

By choosing to interact with any Third-Party Content, you acknowledge and accept that:

• You do so at your own risk

• Nebbi is not responsible for the content, policies, or practices of third-party sites or providers

• Any interactions or transactions you undertake with third parties are between you and them, and not governed by these Terms

We encourage you to review the terms and privacy policies of any third-party services you access via Nebbi.

10. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as expressly stated in writing by us and to the extent permitted by applicable law, the Nebbi app and all related services are provided on an “as is” and “as available” basis, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

You assume the entire risk as to the quality, performance, and outcomes of using the Services.

Some jurisdictions do not allow the exclusion of implied warranties or certain consumer protections. In such cases, these disclaimers may not apply to you to the extent prohibited by law.

11. Limitation of Liability

To the fullest extent permitted by applicable law, neither Nebbi, Inc., nor any affiliates, officers, employees, licensors, service providers, or other parties involved in the creation, delivery, or operation of the App shall be liable for any:

• Indirect, incidental, special, exemplary, or consequential damages

• Loss of profits, emotional distress, goodwill, data, or other intangible losses

• Service interruptions, system failures, computer or device malfunctions

• Costs of substitute services

• Damages arising from your access to, use of, or inability to use the App

• Damages resulting from any conduct or content of any third party
  
  

This applies regardless of the legal theory (e.g. contract, warranty, tort—including negligence—or product liability), and whether or not Nebbi has been advised of the possibility of such damages. This limitation applies even if any remedy fails of its essential purpose.

Unless otherwise prohibited by applicable law, Nebbi’s total cumulative liability for any claims arising out of or relating to these Terms or the use of the App shall not exceed the greater of:

• $100 USD, or

• The total amount you have paid to Nebbi in the twelve (12) months preceding the claim

Exceptions

Nothing in these Terms excludes or limits liability for:

• Gross negligence, fraud, or intentional misconduct by Nebbi or its representatives

• Any liability that cannot legally be excluded under applicable consumer protection or other laws

12. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Nebbi, Inc., along with its directors, officers, employees, partners, affiliates, and agents (collectively, the “Nebbi Parties”), from and against any and all claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (“Claims”), that arise out of or relate to:

1. Your access to or use of the Services

2. Your User Content or feedback submitted through the App

3. Your violation of these Terms

4. Your violation, misappropriation, or infringement of any third-party rights, including intellectual property, data protection, or privacy rights

5. Your conduct in connection with the Services

You agree to promptly notify Nebbi of any third-party Claims, to cooperate fully in the defence of such Claims, and to cover all associated fees, costs, and expenses related to the resolution of such Claims, including attorney’s fees and legal costs.

Nebbi reserves the right, at its sole discretion, to assume control of the defense or settlement of any third-party Claim. This indemnity is in addition to any other rights or remedies Nebbi may have under law or through a separate written agreement.

13. Changes to These Terms

We may revise these Terms from time to time. If we do:

• We will update the “Last Updated” date above,

• We may notify you through the App, by email, or upon next login.
  
  

It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the App after changes take effect, it means that you accept and agree to the updated Terms. If you don’t agree to be bound by the changes, you may not use the App anymore. Because our App is evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, United States, specifically Los Angeles County, without regard to its conflict of law rules. Any legal claim or dispute will first be addressed through good faith negotiation. If unresolved, it may proceed to arbitration or the courts of Los Angeles County, as applicable.

You agree that:

• Any legal claim or dispute will first be addressed through good faith negotiation,

• If unresolved, it may proceed to binding arbitration or the courts of Los Angeles County, as permitted by applicable law.

• Informal Dispute Resolution

1. Before initiating arbitration, both parties agree to first attempt to resolve the Dispute (as defined below) informally.

2. If you have a Dispute with Nebbi, email support@nebbi.io. with:

1. Your full name and contact details

2. A brief description of the issue

3. The specific resolution you’re seeking

3. If Nebbi has a dispute with you, we will email you at the address associated with your account with similar information.

4. If the Dispute is not resolved within 30 days, either party may begin arbitration. Statutes of limitation and filing deadlines will be paused during this 30-day period.

15. Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. This clause requires you and Nebbi to resolve certain disputes through binding arbitration instead of court proceedings. This means you and Nebbi are waiving the right to sue in court or participate in a class action. Arbitration will be conducted solely on an individual basis.

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Nebbi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Nebbi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 

2. Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

5. Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

6. Class Action Waiver. YOU AND NEBBI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

7. Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

16. General Terms

1. Reservation of Rights. Nebbi and its licensors exclusively own all right, title and interest in and to the App, including all associated intellectual property rights. You acknowledge that the App are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.

2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Nebbi and you regarding the App, and these Terms supersede and replace all prior oral or written understandings or agreements between Nebbi and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Nebbi’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Nebbi may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

3. Notices. Any notices or other communications provided by Nebbi under these Terms will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

4. Waiver of Rights. Nebbi’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nebbi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

17. Apple App Store Terms EULA

If you acquire the App from the Apple App Store access or use the Nebbi mobile app on an Apple Inc. (“Apple”) branded device, the following additional terms apply. These Terms, including this section, constitute a custom End User License Agreement (EULA) between you and Nebbi, Inc., for purposes of Apple’s App Store policies. You acknowledge that Apple’s standard EULA does not apply to your use of the Nebbi app.

1. Acknowledgement

1. This agreement is between you and Nebbi, Inc., not Apple. Nebbi is solely responsible for the app and its content—not Apple.

2. Scope of License

1. The license granted to you in Section 5 (Intellectual Property) is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, and only as permitted by Apple’s App Store Terms of Service and usage rules. Use through Family Sharing or volume purchasing is permitted.

3. Maintenance and Support

1. Nebbi is responsible for any maintenance or support obligations, if required by applicable law. Apple has no responsibility for providing support or maintenance services related to the Nebbi app.

4. Warranty

1. Subject to the limitations in Section 11 (Warranty Disclaimers), Nebbi is solely responsible for any express or implied warranties not effectively disclaimed under these Terms. In the event the app fails to conform to a warranty not disclaimed by law, you may notify Apple, and Apple will refund the purchase price (if any) paid for the app. To the fullest extent permitted by law, Apple has no further warranty obligations with respect to the app, and all other claims, losses, or liabilities are Nebbi’s responsibility.

5. Liability

1. Subject to Section 10 (Limitation of Liability), Nebbi, not Apple, is responsible for addressing any claims you or third parties may have relating to the App or your use of it, including but not limited to:

1. Product liability claims

2. Any claim that the App fails to comply with applicable legal or regulatory requirements

3. Claims arising under consumer protection or similar laws

6. Intellectual Property Claims

1. In the event of any third-party claim that the Nebbi app or your possession or use of the app infringes another party’s intellectual property rights, Nebbi—not Apple—is solely responsible for the investigation, defense, settlement, and resolution of that claim, subject to Section 5 of these Terms.

7. Legal Compliance

1. You represent and warrant that:

1. You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and

2. You are not listed on any U.S. Government list of prohibited or restricted parties.
   
   

8. Contact Information

1. If you have any questions, complaints, or claims about the Nebbi app, please contact us at:
   support@nebbi.io.
   Nebbi, Inc., c/o Legal Department
   10960 Wilshire Blvd.
   5th Floor, Los Angeles, CA 90024

9. Third-Party Beneficiary

1. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof.

17. Global Addendum

1. Rights That Cannot Be Excluded

1. If you are located in a country that provides consumers with statutory rights, protections, or guarantees that cannot be excluded, limited, or modified by contract, then nothing in these Terms overrides those rights. 

2. Modifying or Terminating the Services

1. If we make a material change to the Services — including discontinuation or significant modification — that unreasonably disadvantages you or disrupts the contractual balance, you may choose to terminate your account and/or Recurring Subscription.

2. If you cancel your Recurring Subscription due to a qualifying change, and you’re located in a jurisdiction other than the US, you may be entitled to a pro rata refund for any unused portion of the subscription.

3. Governing Law in Local Jurisdictions

1. If you are a consumer in a country that requires contracts to be governed by the laws of your home jurisdiction or prohibits exclusive jurisdiction clauses, then your local laws and courts will apply to the extent required.

2. For example, if you are located in India and arbitration is not permitted, courts in Bangalore will have exclusive jurisdiction over any Dispute.

4. Alternative Indemnity (Australia)

1. If you are located in Australia, the indemnity clause in Section 12 will not apply. Instead:

1. To the fullest extent permitted by law, you agree to indemnify and hold harmless Nebbi, Inc. and its officers, directors, employees, partners, and agents against any claims, losses, or liabilities arising out of your violation, misappropriation, or infringement of third-party rights, including privacy or intellectual property rights.

2. You must notify us of any third-party claim promptly, cooperate in our defence, and allow Nebbi to control any settlement or resolution process.

5. Alternative to Arbitration (Canada + Other Jurisdictions)

1. If you are located in a country (such as Canada) where binding arbitration and class action waivers are not enforceable, then Section 13 (Agreement to Arbitrate) will not apply.

2. In those cases, any Dispute must be brought in the state or federal courts of the Northern District of California. However, if your jurisdiction requires disputes to be handled locally, you may instead bring claims in the courts of your place of residence, as permitted by law.

6. Third-Party Rights (Singapore)

1. If you are located in Singapore, no person or entity who is not a party to these Terms will have any right to enforce them under the Contracts (Rights of Third Parties) Act (Cap. 53B).

7. Termination Rights (South Korea)

1. If you are located in South Korea and are under the age of 19 (the age of legal majority), either you or your legal representative may cancel your Nebbi account in accordance with Section 11 (Termination).

18. EEA, UK & Switzerland Terms

This section outlines specific rights and legal considerations for users located in the European Economic Area (EEA), the United Kingdom, or Switzerland. These terms apply in addition to the Global Terms above, and in cases of conflict, this section prevails for users in those jurisdictions.

1. Consumer Rights

You have a right to withdraw from your subscription agreement within 14 days of signing up, without providing any reason, in accordance with the EU Consumer Rights Directive and UK Consumer Contracts Regulations.

To exercise this right, you must contact support@nebbi.io. within 14 days of purchase. If you begin using the App within the withdrawal period, we reserve the right to reduce any refund proportionally based on usage.

2. Governing Law and Jurisdiction

If required by your local law, any dispute arising under these Terms will be governed by the laws of your country of residence, and local courts will have jurisdiction. This overrides the Governing Law & Jurisdiction clause in Section 14 for users in the EEA, UK, or Switzerland.

3. Data Protection and GDPR

We process your personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to:

• Access your personal data

• Request correction or deletion of inaccurate data

• Restrict or object to certain data processing

• Request data portability in a machine-readable format

You can exercise these rights by contacting support@nebbi.io. Our Data Protection Officer can also be contacted via that address.

4. Complaints and Alternative Dispute Resolution

If you are not satisfied with how we handle a dispute, you may use your local Alternative Dispute Resolution (ADR) platform. In the EU, you can access the European Commission’s Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr/

5. Language

These Terms may be provided in multiple languages. However, the English version shall prevail in case of any conflicts, unless your local law requires otherwise.

If you have any questions about your rights under these Terms, contact legal@nebbi.io.

If you are located in these regions:

• You have additional rights under applicable consumer and privacy laws (e.g. GDPR)

• You may cancel subscriptions within statutory withdrawal periods where applicable

• Disputes will be subject to jurisdiction in your home country, to the extent required by law

Contact Us

We welcome your feedback and questions.

Nebbi, Inc.
10960 Wilshire Blvd.
5th Floor, Los Angeles, CA 90024
📧 support@nebbi.io.