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Terms of Service

Last updated: May 25, 2026  ·  Effective: May 25, 2026

Contents

1. Acceptance 2. Service Description 3. AI Disclaimer 4. Eligibility 5. Accounts 6. Acceptable Use 7. Payments & Billing 8. Intellectual Property 9. Privacy 10. Limitation of Liability 11. Indemnification 12. Termination 13. Disputes 14. Changes to Terms 15. Contact

1 Acceptance of Terms

By accessing or using Nudge ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Nudge Inc. They govern your access to and use of the Nudge platform, including all associated websites, software, APIs, and AI-generated content features.


2 Service Description

Nudge is an AI-powered reply generation tool that helps small businesses compose faster responses to customer inquiries. The Service uses third-party large language model (LLM) APIs — including but not limited to the OpenAI API ("GPT" models) — to generate suggested text replies based on context you provide.

Nudge is a productivity and drafting tool only. All AI-generated content is a suggestion. You are solely responsible for reviewing, editing, approving, and sending any reply to your customers.


3 AI-Generated Content — Disclaimer & Limitation of Liability

⚠️ Important — Read This Section Carefully AI-generated replies are automated suggestions. Nudge does not guarantee their accuracy, completeness, appropriateness, or fitness for any particular purpose. You must review every reply before sending it.

Nudge uses the OpenAI API and other third-party AI services to generate reply suggestions. These AI systems are trained on large datasets and can produce output that is:

  • Factually incorrect or misleading
  • Legally inaccurate (e.g., incorrect price quotes, timelines, guarantees)
  • Tonally inappropriate for the situation
  • Missing critical context specific to your business
  • Inconsistent with your brand voice or policies
  • Potentially offensive or unsuitable in certain contexts
You Bear Full Responsibility for All Replies You Send Nudge, Nudge Inc., its officers, directors, employees, and agents are not liable for any damages, losses, claims, disputes, regulatory fines, customer complaints, missed business, or reputational harm arising from AI-generated content that you choose to send to any third party.

Specifically, and without limitation, Nudge is NOT liable for:

  • Mistakes, errors, or hallucinations made by the OpenAI API or any other AI model
  • Incorrect pricing, estimates, availability, or commitments stated in AI-generated text
  • Legal or regulatory violations caused by AI-generated content you send to customers
  • Damage to your business relationships or reputation resulting from AI replies
  • Any breach of contract between you and your customers caused by AI-generated responses
  • Violations of consumer protection, advertising, or professional licensing laws arising from AI output
  • Any loss of income, revenue, or business opportunity related to AI-generated content
Best Practice Recommendation Always read every AI-generated reply in full before sending. Treat Nudge as a drafting assistant, not an autonomous agent. The final judgment and send action are always yours.

By using the Service you acknowledge that AI language models, including OpenAI's GPT models, are probabilistic systems that do not have real-world knowledge of your business, your customers, current pricing, schedules, or legal obligations. Nudge makes no warranty that AI output will be suitable for your use case.


4 Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use Nudge. By using the Service, you represent and warrant that you meet these requirements.

Nudge is intended for use by small business owners and their authorized representatives. Use of the Service to generate replies on behalf of a business you do not own or are not authorized to represent is prohibited.


5 Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@nudgeapp.io if you suspect unauthorized use.

You may not share accounts, create multiple free accounts to circumvent usage limits, or use automated means to create accounts.


6 Acceptable Use

You agree not to use Nudge to:

  • Generate spam, phishing messages, or fraudulent communications
  • Harass, threaten, or deceive customers or third parties
  • Violate any applicable law, regulation, or industry rule
  • Impersonate any person or entity
  • Generate or distribute harmful, defamatory, obscene, or illegal content
  • Reverse-engineer, scrape, or extract the Service's underlying models or data
  • Resell or sublicense the Service without written permission

We reserve the right to suspend or terminate accounts that violate these standards at our sole discretion, without refund.


7 Payments & Billing

Paid plans are billed on a monthly or annual subscription basis. All fees are in USD and are non-refundable except as required by law or stated in our refund policy.

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time from your account dashboard. Cancellation takes effect at the end of the current billing period.

We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new price.

Payment processing is handled by Stripe Inc. Your payment data is governed by Stripe's privacy policy and is never stored on Nudge's servers.


8 Intellectual Property

You retain ownership of the business information and customer messages you input into Nudge. By submitting content to the Service, you grant Nudge a limited, non-exclusive license to process that content solely to provide the Service to you.

AI-generated replies are provided to you for your use. Nudge does not claim ownership of output generated on your behalf. However, we make no warranty of originality or non-infringement of AI-generated content.

All other aspects of the Service — including the platform, code, design, branding, and documentation — are owned by Nudge Inc. and protected by intellectual property laws.


9 Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review it carefully.

When you use Nudge, customer messages you enter are transmitted to third-party AI providers (e.g., OpenAI) to generate replies. Do not input personally identifiable information about customers beyond what is necessary for the reply context.


10 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUDGE INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
  • DAMAGES ARISING FROM AI-GENERATED CONTENT, WHETHER OR NOT GENERATED BY THE OPENAI API OR ANY OTHER AI SYSTEM
  • DAMAGES ARISING FROM YOUR RELIANCE ON ANY REPLY SUGGESTION PROVIDED BY THE SERVICE
  • SERVICE INTERRUPTIONS, BUGS, ERRORS, OR INACCURACIES

IN NO EVENT SHALL NUDGE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NUDGE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


11 Indemnification

You agree to indemnify, defend, and hold harmless Nudge Inc. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of:

  • Your use of the Service
  • Any AI-generated reply you choose to send to a customer or third party
  • Your violation of these Terms
  • Your violation of any applicable law or third-party rights

12 Termination

You may stop using the Service at any time. We may suspend or terminate your access for violation of these Terms, non-payment, or at our discretion with or without notice.

Upon termination, your right to use the Service ceases. Sections 3, 10, 11, and 13 survive termination.


13 Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Any dispute arising under these Terms will be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive the right to participate in class-action litigation.


14 Changes to These Terms

We may update these Terms at any time. Material changes will be communicated via email or an in-app notice at least 7 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.


15 Contact Us

Questions about these Terms? Contact us:

  • Email: legal@nudgeapp.io
  • Support: support@nudgeapp.io
  • Address: Nudge Inc., 1209 Orange Street, Wilmington, DE 19801

© 2026 Nudge Inc. All rights reserved.

These Terms were last updated on May 25, 2026.

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