Please read these terms and conditions carefully before using our Service.
Please be aware that Nuqualis Personal Email Assistant is currently in Beta release. The Service may be unstable, contain bugs or errors, and is subject to change without prior notice. Features, functionality, and performance may be modified, added, or removed at any time during this Beta phase. By using this Beta version, you acknowledge and accept these potential limitations and changes.
This document outlines the legal terms and conditions that govern the use of the Nuqualis.com AI-powered email assistant (hereinafter referred to as the "Service"). These Terms and Conditions (hereinafter referred to as the "Terms") constitute a legally binding agreement between the user ("You" or "User") and Nuqualis.com, operating under the business name Nuqualis.com.
By accessing or using the Service, the User acknowledges that they have carefully read, fully understood, and unequivocally agree to be bound by these Terms. This agreement is fundamental to the provision and use of the Service, establishing the rights and obligations of both Nuqualis.com and the User. If the User does not agree with any part of these Terms, they must immediately cease accessing or using the Service. This stipulation ensures that the contractual relationship is based on mutual consent and understanding of the outlined conditions.
Furthermore, given the nature of the Service, it is understood to be a business-to-business (B2B) offering, implying that users are accessing it for commercial or professional purposes. This distinction can have implications for the interpretation and application of certain clauses within these Terms, particularly concerning warranties and limitations of liability.
The Nuqualis.com AI-powered email assistant is a software-as-a-service (SaaS) product designed to facilitate efficient email communication. Its core functionality involves generating email replies based on the context provided by the User.
A key feature of the Service is the "reviewer mode," which requires the User to review and explicitly approve every email draft before it is sent. This feature provides the User with complete control over the content and timing of the AI-generated emails. Additionally, the Service offers the option for Users to be automatically copied (CC'd) on every email sent by the personal assistant. This ensures transparency and allows the User to maintain a comprehensive record of all communications facilitated by the AI.
The Service operates on a SaaS model, meaning the software is hosted by Nuqualis.com and accessed by the User over the internet, eliminating the need for local installation or maintenance. This delivery method offers flexibility and scalability for Users.
The User acknowledges and agrees that the Service is currently offered as a Beta release. As a Beta product, the Service is still under development and may contain errors, bugs, or other issues that could affect its functionality, reliability, or performance.
The Beta status of the Service has the following implications:
By using the Beta version of the Service, the User acknowledges these conditions and accepts the inherent risks associated with using pre-release software. Nuqualis.com makes no warranties regarding the Beta Service and strongly advises Users to maintain backups of any important data shared with or processed by the Service.
Nuqualis.com welcomes feedback during this Beta phase but is under no obligation to implement any suggestions or fix any reported issues within a specific timeframe. The duration of the Beta period is at Nuqualis.com's sole discretion, and the transition to a full commercial release will be communicated to Users as appropriate.
Users of the Nuqualis.com AI-powered email assistant bear specific responsibilities to ensure proper and policy-compliant utilization of the Service. For Users who choose to utilize the "reviewer mode," it is their explicit obligation to carefully review each and every email draft generated by the AI before granting approval for it to be sent. This review process is critical to ensuring the accuracy, appropriateness, and intended message of the outgoing communication.
Furthermore, it is the User's responsibility to ensure that all messages sent by the AI assistant, even those that have been reviewed and approved in reviewer mode, fully comply with their internal business policies, relevant legal requirements, and established ethical standards. Nuqualis.com provides the tool, but the User remains accountable for the content and implications of the communication.
Standard security practices also dictate that the User is entirely responsible for maintaining the confidentiality and security of their account credentials, including their password. This includes taking precautions to prevent unauthorized access to their account.
Lastly, Users should be aware that certain uses of the Service are prohibited. These prohibited uses may include, but are not limited to, employing the Service for any illegal activities, transmitting unsolicited commercial messages (spam), or engaging in harassment of any kind. Adherence to these responsibilities is essential for the appropriate and secure use of the Service.
The User agrees to indemnify, defend, and hold harmless Nuqualis.com, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way relating to:
This comprehensive indemnification obligation ensures that Nuqualis.com is protected from potential legal and financial repercussions stemming from the User's actions or the nature of the communications facilitated by the Service.
In the event that a claim arises for which indemnification is sought, the User is obligated to promptly notify Nuqualis.com in writing of such claim. Furthermore, Nuqualis.com reserves the right, at its own expense, to assume the exclusive control of the defense and settlement of any such claim, and the User agrees to reasonably cooperate with Nuqualis.com in the defense of such matters. This provision allows Nuqualis.com to manage legal risks effectively and protect its interests.
Nuqualis.com is committed to both providing an effective AI-powered email assistant and respecting the privacy of its Users. To enhance and personalize the Service, User emails and associated usage data may be utilized by Nuqualis.com for the purposes of training the AI models, personalizing the User experience, and generally improving the functionality and effectiveness of the Service. This may include sharing email text with the large language model (LLM) providers that Nuqualis.com uses to inference the email and provide the Service.
By agreeing to these Terms and using the Service, the User provides explicit consent to Nuqualis.com for this usage of their data. In many instances, data used for training and improvement may be anonymized or aggregated to further safeguard individual User privacy.
The collection, use, storage, and disclosure of personal information are also governed by Nuqualis.com's separate Privacy Policy, which is readily accessible to Users through a dedicated link on the Nuqualis.com website. This Privacy Policy provides detailed information regarding the types of data collected, the methods of collection, how this data is used and stored, the measures taken to protect it, and the rights Users have concerning their personal data. Users are encouraged to review the Privacy Policy to gain a comprehensive understanding of Nuqualis.com's data handling practices.
Nuqualis.com retains all rights, title, and interest in and to the Service, including without limitation the software, algorithms, underlying code, designs, user interfaces, and any content created or provided by Nuqualis.com (excluding User-provided input). These elements are protected by applicable intellectual property laws.
Subject to the User's compliance with these Terms and payment of any applicable fees, Nuqualis.com grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for the User's internal business purposes. This license does not convey any ownership rights in the Service to the User.
The User is specifically prohibited from undertaking certain actions with respect to the Service. These restrictions include, but are not limited to:
The User acknowledges and agrees that they retain ownership of their email content and the context they provide to the AI assistant. However, the User grants Nuqualis.com a non-exclusive, worldwide, royalty-free license to use the User's input and the resulting output solely for the purpose of providing, maintaining, and improving the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUQUALIS.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USER'S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF NUQUALIS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL NUQUALIS.COM'S TOTAL LIABILITY TO THE USER FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT PAID BY THE USER TO NUQUALIS.COM FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
Without limiting the foregoing, Nuqualis.com explicitly states that it shall not be held liable for any losses, damages, or liabilities arising from or relating to emails sent by the AI assistant, including but not limited to the content thereof, even if the User reviewed and approved the draft of such email in reviewer mode. This limitation reflects the User's responsibility in overseeing and approving the AI's output, particularly when utilizing the reviewer mode.
The User further acknowledges that, given the Beta status of the Service, additional limitations apply, and the User assumes all risks associated with using pre-release software, including the potential for system instability, data loss, or service interruptions.
These Terms shall commence upon the User's initial access to or use of the Service and shall continue in effect until terminated in accordance with this section. The term of the User's subscription to the Service will be as specified in the applicable subscription plan (e.g., monthly or annual). Unless otherwise specified, the subscription may automatically renew for successive periods equal to the initial term, unless either party provides written notice of non-renewal at least days prior to the end of the then-current term.
The User may terminate these Terms at any time by ceasing all use of the Service. Nuqualis.com may terminate these Terms at any time, with or without cause, by providing notice to the User. Nuqualis.com may also terminate these Terms immediately without notice if the User breaches any provision of these Terms, fails to pay any fees due, or engages in any activity that, in Nuqualis.com's sole discretion, violates these Terms or is harmful to the Service or other users.
Upon any termination of these Terms, the User's right to access and use the Service will immediately cease, and the User must discontinue all use of the Service. Nuqualis.com may retain User data for a period as outlined in its Privacy Policy, or as required by applicable law.
These Terms and any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be governed by and construed in accordance with the laws of the State of, without regard to its conflict of laws principles.
In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute amicably through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation within a reasonable period (not to exceed days), they may agree to submit the dispute to non-binding mediation. If negotiation and mediation fail to resolve the dispute, then any unresolved dispute shall be exclusively and finally resolved by in.
If litigation is chosen, the User irrevocably submits to the exclusive jurisdiction of the state and federal courts located in for the resolution of any such disputes.
These Terms constitute the entire agreement between the User and Nuqualis.com concerning the Service and supersede all prior and contemporaneous agreements, discussions, and understandings, whether oral or written, regarding the Service.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The failure of Nuqualis.com to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of Nuqualis.com, which consent may be withheld in Nuqualis.com's sole discretion. Nuqualis.com may freely assign or transfer these Terms, in whole or in part, without restriction.
Any notices required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by email to the addresses provided by the User to Nuqualis.com.
Nuqualis.com reserves the right to modify or update these Terms at any time. Nuqualis.com will provide notice of any material changes to these Terms by posting the updated Terms on its website or through the Service. The User's continued use of the Service after the effective date of any such changes constitutes their acceptance of the revised Terms.
