Terms of Service

1. Who these terms cover

Nudge is operated by Daniel Felix Muigai, based in Nairobi, Kenya. “Nudge”, “we”, “us”, and “our” refer to Daniel Felix Muigai.

• Customers are businesses and their authorised team members who use the Nudge dashboard, upload documents, or configure a widget.
• End users are visitors who use a Customer’s embedded chat widget. The Customer’s own terms and privacy notice may also apply to them.

By creating an account or using Nudge, you agree to these terms. If you use Nudge for an organisation, you confirm that you can bind that organisation to these terms.

2. The service

Nudge provides a dashboard for uploading documents and configuring a chat widget. Customers can add a script tag to their website so visitors can ask questions and receive AI-generated answers based on the Customer’s documents. Features may change as we maintain and improve the service.

Nudge relies on OpenAI and Voyage AI for AI processing, MongoDB for storing and searching document-derived data, Render and Cloudflare for hosting and delivery, and Paystack for payments. Nudge does not use a separate third-party analytics provider. [VERIFY: link to a current subprocessor list if available.]

3. Customer accounts

Customers must provide accurate account information, keep login credentials secure, and promptly tell us about unauthorised access. Customers are responsible for activity under their accounts and for ensuring team members are authorised to use them.

4. Customer responsibilities and content

Customers are responsible for:

• having the rights and permissions needed to upload documents and use them to generate answers;
• not uploading unlawful content or sensitive personal information unless they have a lawful basis and the service is suitable for that use;
• providing appropriate notices to website visitors, including explaining that the widget uses AI and how visitor data is handled;
• choosing a lawful basis for processing visitor information, responding to visitor requests, and meeting applicable privacy and consumer-protection laws; and
• reviewing widget settings and generated answers for their intended use and providing visitors with a way to contact the business.

Customers retain ownership of documents, content, and AI outputs generated for them through Nudge, to the extent those rights can legally be owned. Customers give Nudge permission to host, process, and transmit that content only as needed to provide, secure, and support Nudge. Nudge does not use Customer content to train AI models. Customers may opt out of optional use of their content for service improvement by contacting us. [VERIFY: confirm treatment of third-party rights in AI outputs and that the opt-out process is implemented.]

5. End-user use

End users may use a widget to ask the relevant Customer questions. Do not use a widget to submit unlawful material, someone else’s confidential information without permission, or information you do not want processed to generate a response. The Customer, not Nudge, is responsible for its products, services, and business-specific information shown through its widget.

6. AI limitations

AI-generated answers may be inaccurate, incomplete, out of date, or unsuitable for a particular situation. Nudge does not guarantee that an answer is correct or that every answer will be based only on the documents a Customer intended. Customers and End users should verify important information with the relevant business. Do not rely on Nudge for emergency, medical, legal, financial, or other high-stakes decisions.

Nudge does not guarantee uninterrupted or error-free service. We may perform maintenance, change features, or temporarily limit access to protect the service or users.

7. Plans, payments, and cancellation

Available plans, features, usage limits, and prices are shown on the Nudge pricing page when you sign up. Payments are processed through Paystack. You agree to pay applicable charges and taxes. Paystack’s payment terms may also apply.

Paid plans do not renew automatically. At the end of the paid period, access to paid features ends unless you choose to purchase another period. [VERIFY: confirm payment period, due dates, taxes, failed-payment handling, refunds, and the exact expiry and cancellation process.]

We will give notice before a material price change takes effect, as required by law.

8. Acceptable use

You must not:

• use Nudge in violation of law or another person’s rights;
• interfere with, disrupt, reverse engineer, or attempt to gain unauthorised access to Nudge or its underlying systems, except where applicable law does not allow that restriction;
• use Nudge to distribute malware, spam, or content intended to deceive or harm people;
• probe, scrape, or overload the service, or bypass usage limits or security controls; or
• use Nudge outputs or the service in a way that violates applicable AI, privacy, consumer-protection, or intellectual-property laws.

We may investigate suspected misuse and take reasonable steps to protect users and the service.

9. Privacy and data processing

The Privacy Policy explains how Nudge handles information. For documents uploaded by a Customer and visitor chats through that Customer’s widget, the Customer is the data controller and Nudge acts as its processor, processing that information to provide the service on the Customer’s instructions. Customers must provide an appropriate privacy notice to their visitors and handle visitor requests. [VERIFY: ensure a data processing agreement is available and incorporated where required.]

10. Intellectual property

Nudge and its licensors own the service, software, branding, and related materials. We grant Customers a limited, non-exclusive, non-transferable right to use Nudge during their subscription or permitted access, subject to these terms.

Customers retain ownership of their submitted content and AI outputs generated for them through Nudge, to the extent those rights can legally be owned. Customers are responsible for their content and grant Nudge only the permissions needed to operate the service. Nudge does not use Customer content to train AI models. Customers may opt out of optional use of their content for service improvement by contacting us.

11. Suspension and termination

Customers may stop using Nudge and cancel as described in their account or at checkout. We may suspend or restrict access if reasonably necessary to address a security risk, legal requirement, non-payment, or material breach of these terms. Where practical, we will give notice and an opportunity to address the issue.

When an account is cancelled, Customer documents, document-derived data, and widget chats are retained for five days and then deleted from active systems, except where retention is required by law. Customers should request and download any needed export before that period ends. [VERIFY: confirm how the five-day deletion period applies to backups and third-party provider systems.]

12. Disclaimers and liability

To the extent permitted by law, Nudge is provided “as is” and “as available”. We exclude implied warranties that the law allows us to exclude. Nothing in these terms limits a right or remedy that cannot legally be limited, or our liability for matters that cannot legally be excluded.

The parties agree that these terms set no monetary cap on liability and exclude no categories of loss by contract. Liability remains subject to limits and rights that cannot be waived under applicable law.

13. Changes to these terms

We may update these terms as the service or law changes. We will post the updated terms and revise the effective date. For material changes affecting Customers, we will provide notice through the service or by email where appropriate. Continued use after the changes take effect means the updated terms apply, to the extent allowed by law.

14. Governing law and contact

These terms are governed by the laws of Kenya. Courts located in Nairobi, Kenya will hear disputes, subject to any rights that applicable law gives consumers to bring claims elsewhere. [VERIFY: confirm this governing-law and venue clause with Kenyan counsel.]

Contact Daniel Felix Muigai at felixjardini502@gmail.com in Nairobi, Kenya.