Terms of Service

Last updated: February 2025

These Terms of Service ("Terms") govern your access to and use of BundleNudge, a service provided by BundleNudge AB, a company registered in Sweden (org.nr: [YOUR ORG NUMBER]) ("BundleNudge," "we," "us," or "our").

By accessing or using BundleNudge, you agree to be bound by these Terms. If you do not agree, do not use the service.

1. Definitions

• "Service" means the BundleNudge platform, APIs, SDKs, documentation, and related services
• "Customer," "you," or "your" means the person or entity using the Service
• "End Users" means users of your applications who receive updates via the Service
• "Content" means any code, assets, data, or materials you upload to the Service
• "Updates" means JavaScript bundles, assets, and configurations delivered through the Service

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If using the Service on behalf of an organization, you represent that you have authority to bind that organization.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We recommend enabling two-factor authentication where available.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3. Use of the Service

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

3.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You will not:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with the proper functioning of the Service
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without authorization

3.3 Your Applications

You are solely responsible for:

• The applications you deploy updates to
• Ensuring your applications comply with applicable laws
• Obtaining necessary consents from your End Users
• The content of your updates

3.4 App Store Compliance

OTA updates are subject to the policies of Apple App Store, Google Play Store, and other distribution platforms. You are responsible for ensuring your use of the Service complies with these policies. Generally, OTA updates may only modify JavaScript code and assets, not native code.

4. Subscription and Payment

4.1 Plans and Pricing

We offer various subscription plans as described on our pricing page. Prices are in USD unless otherwise specified and are exclusive of applicable taxes.

4.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is processed by Stripe; you agree to Stripe's terms of service
• You authorize us to charge your payment method for all fees incurred

4.3 Taxes

You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.

4.4 Price Changes

We may change our prices with 30 days' notice. Price changes will apply to the next billing cycle after the notice period.

4.5 Overages

If you exceed your plan limits (MAU, storage, build minutes), you may be charged overage fees or upgraded to an appropriate plan. We will notify you before charging overages.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

5.2 Effect of Cancellation

Upon cancellation:

• You retain access until the end of the paid period
• Your data will be retained for 30 days, then deleted
• You may export your data before deletion

5.3 Refunds

• Annual subscriptions: Pro-rated refund for unused months if cancelled within 30 days
• Monthly subscriptions: No refunds for partial months
• We may offer refunds at our discretion for extenuating circumstances

See our Refund Policy for complete details.

5.4 EU Consumer Right of Withdrawal

If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason (the "cooling-off period").

To exercise your right of withdrawal, you must inform us of your decision by sending an email to legal@bundlenudge.com with a clear statement of your decision to withdraw.

If you withdraw within the 14-day period:

• We will reimburse all payments received from you within 14 days of receiving your withdrawal notice
• The reimbursement will be made using the same payment method you used for the initial transaction
• If you have used the Service during the withdrawal period, you may be charged a proportionate amount for the value of the Service provided up to the point of withdrawal

By purchasing a subscription and using the Service immediately, you acknowledge that:

• You expressly request that performance of the Service begins immediately
• You understand that you will lose your right of withdrawal once the Service has been fully performed

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, designs, documentation, and trademarks, is owned by BundleNudge or its licensors. These Terms do not grant you any rights to our intellectual property except the limited license in Section 3.1.

6.2 Your Content

You retain all rights to your Content. By uploading Content to the Service, you grant us a limited license to store, process, and transmit that Content solely to provide the Service.

6.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without obligation to you.

7. Data and Privacy

7.1 Your Data

You retain ownership of all data you upload to the Service. We process your data in accordance with our Privacy Policy and, where applicable, our Data Processing Agreement.

7.2 Data Processing

For customers subject to GDPR, we act as a data processor for personal data you upload. Our Data Processing Agreement governs this relationship.

7.3 Backups

While we maintain backups for disaster recovery, you are responsible for maintaining your own backups of critical data.

8. Service Level and Support

8.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted access. See our SLA for specific uptime commitments.

8.2 Maintenance

We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may occur without notice.

8.3 Support

Support is provided based on your subscription plan. Response times and channels vary by plan.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BUNDLENUDGE BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES

10.2 Cap on Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED US DOLLARS ($100)

10.3 Exceptions

These limitations do not apply to:

• Liability that cannot be excluded by law
• Your breach of Section 3.2 (Acceptable Use)
• Your payment obligations

11. Indemnification

You agree to indemnify, defend, and hold harmless BundleNudge and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content or applications
• Your violation of these Terms
• Your violation of any third-party rights

12. Term and Termination

12.1 Term

These Terms are effective until terminated by either party.

12.2 Termination by You

You may terminate by cancelling your subscription and ceasing to use the Service.

12.3 Termination by Us

We may terminate or suspend your access:

• Immediately for violation of these Terms or the Acceptable Use Policy
• With 30 days' notice for any other reason
• Immediately if required by law

12.4 Effect of Termination

Upon termination:

• Your license to use the Service ends immediately
• You must pay any outstanding fees
• We will delete your data after 30 days (unless legally required to retain it)
• Sections 6, 9, 10, 11, and 13 survive termination

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of Sweden, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes shall be resolved in the courts of Stockholm, Sweden. However, we may seek injunctive relief in any jurisdiction.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any order forms, constitute the entire agreement between you and BundleNudge.

13.4 Modifications

We may modify these Terms at any time. Material changes will be notified at least 30 days in advance. Continued use after changes constitutes acceptance.

13.5 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

13.6 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

13.7 Waiver

Failure to enforce any provision does not constitute a waiver.

13.8 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

14. Contact

For questions about these Terms, contact us at:

Email: legal@bundlenudge.com
Address: BundleNudge AB, [Your Address], [City], Sweden