Nimble Beauty Inc. and its affiliates (collectively, "Nimble", "we", "our" or "us") welcome you (the “User(s)”, or “you”) to our website at nimblebeauty.com and its subdomains (collectively, the “Site”), and to our Nimble Beauty mobile application (the “App”). 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Acceptance of the Terms

By entering, connecting to, accessing or using the Site, and/or by entering, connecting to, accessing, using or  by installing and/or downloading the App on your device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: nimblebeauty.com/privacy-policy (the “Privacy Policy”) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of our Site and/or the App and you acknowledge that these Terms constitute a binding and enforceable legal contract between Nimble and you. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR SITE AND/OR THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.  

Our Site and App are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.

The App, the Site and the Services 

Our App is intended for use in conjunction with our Automated Home Manicure Device and its accessories (collectively, the "Device"), and allows Users to operate certain features of the Device and to purchase Devices, as well as certain accessories and complementary products such as cartridges and capsules (the "Nimble Capsule(s)"), which are relevant to use of the Device, through our online store (the “Store” and collectively, all products, including Nimble Capsules sold via the Store: the “Products”). Our Site primarily serves as a portal to our online Store, and these Terms govern your use of and access to the Store as part of the Site. The App and Site also offer basic information regarding Nimble, the Device and our other products and services. Each of the Site’s and App’s Users may use it in accordance with the terms and conditions hereunder. Any services provided via the App and/or Site, as further detailed below, shall hereinafter be referred to as the “Services”. 

PLEASE NOTE THAT THESE TERMS RELATE SOLELY TO OUR APP AND SITE. THE DEVICE IS SOLD WITH SPECIFIC DOCUMENTATION, INSTRUCTIONS AND MANUALS, WHICH INCLUDE COMPREHENSIVE INFORMATION AND INSTRUCTIONS ON THE OPERATION OF THE DEVICE, INCLUDING RELEVANT WARRANTIES, DISCLAIMERS AND NOTICES RELATING TO THE DEVICE AND ITS PROPER OPERATION. YOU MUST READ THE DEVICE’S MANUAL AND DOCUMENTATION BEFORE USING THE DEVICE. FOR THE AVOIDANCE OF DOUBT, ANY REPRESENTATION, WARRANTY AND/OR DISCLAIMER THEREOF, WHICH ARE STIPULATED IN THESE TERMS, DO NOT EXTEND TO THE DEVICE AND ALL WARRANTIES RELATING TO THE DEVICE AND/OR NIMBLE CAPSULES AND/OR OTHER PRODUCTS AND SERVICES, IF ANY, ARE PROVIDED IN THEIR RESPECTIVE DOCUMENTATION AND/OR MANUALS.

Please note that for the proper installation and use of the Device, the Device must be paired with the App. Once the App and the Device are paired, certain data from the Device will be retrieved and incorporated into your Account (as such term is defined below). Please note that in order to use the Device and pair it with the App, both the device on which you install the App and the Device, must be connected to the same Wi-Fi network with an available Internet connection.

Please note that information, data and images relating to your use of the Device are made available to us and are processed by us, as further detailed in our Privacy Policy. We may use such information in order to create your online profile, and to enable the operation of the App and the Device, for marketing purposes and for our legitimate business needs. Please note that we may also anonymize all such information, data and images and retain them even after your Account (as defined below) terminates, and use such anonymized information, data and images at our sole discretion. All rights to anonymized data derived from the Device and your use of the Device and/or App, vests with Nimble. By installing the App and using the Device you acknowledge and agree to such practices. 

By installing, accessing and using the App, you agree to receive electronic communications from us, which may include push-notifications, as further detailed in our Privacy Policy. App Users can deactivate such push-notifications at any time by changing the notification settings on their mobile device.

The Site and/or App may offer Users to join our newsletter and/or our wait list for Products' availability, and Users who join such wait list and/or newsletter may receive updates and/or commercial content via e-mail and/or push notifications via the Site and/or App regarding our developments, new services, new offerings, etc.

The Site and App include our proprietary content, and may include any other content related to Nimble, the Store and/or Products and the Services, such as content information, videos, text, logos, buttons, icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and/or App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, User Content (as defined below), and other features obtained from or through the Site and/or App (collectively, the “Content”). 

THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR USER CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, THE APP, THE SERVICES AND/OR THE CONTENT AND/OR USER CONTENT AVAILABLE THEREIN, IS ENTIRELY AT YOUR OWN RISK. NIMBLE DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR APP AND/OR THE SERVICES AND/OR USER CONTENT AND/OR CONTENT, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR APP AND/OR CONTENT AND/OR USER CONTENT AND/OR THE SERVICES.

ALL RIGHTS IN AND TO THE SITE AND/OR APP AND/OR THE CONTENT AVAILABLE THEREIN ARE RESERVED TO NIMBLE OR ITS LICENSORS. 

MARKETING: BY PROVIDING US WITH YOUR CONTACT DETAILS, YOU AGREE THAT WE MAY USE YOUR CONTACT DETAILS (INCLUDING, WITHOUT LIMITATION, EMAIL ADDRESS AND PHONE NUMBER) FOR THE PURPOSE OF PROVIDING YOU COMMERCIAL AND/OR NON-COMMERCIAL MATERIALS RELATED TO OUR AND OUR BUSINESS PARTNERS’ CURRENT AND/OR FUTURE PRODUCTS, SERVICES AND ACTIVITIES. YOU MAY WITHDRAW YOUR CONSENT BY SENDING A WRITTEN NOTICE TO OUR EMAIL ADDRESS PRIVACY@NIMBLEBEAUTY.COM OR ALTERNATIVELY BY FOLLOWING THE INSTRUCTIONS FOR REMOVING YOURSELF FROM THE MAILING LIST WHICH ARE AVAILABLE IN THE MESSAGE TRANSMITTED TO YOU, OR BY CANCELING YOUR ACCEPTANCE TO RECEIVE EMAILS AND/OR TEXTS FROM NIMBLE VIA YOUR ACCOUNT ON THE SITE (AS APPLICABLE). FOR THE AVOIDANCE OF DOUBT, SUCH REMOVAL FROM OUR MAILING LIST WILL NOT AFFECT YOUR RECEIPT OF TRANSACTIONAL MESSAGES RELATED TO THE SERVICES, SUCH AS MESSAGES FROM OUR CUSTOMER SERVICE. 

You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or App and/or Services, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

The Store 

The following terms apply to purchases of Products, including without limitation Nimble Capsules and the Nimble Device, made via the Store. Please note that additional terms and conditions relating to purchase made via the Store, as presented on our Site and/or App and/or Store, may apply to your purchase (e.g., terms relating to special sales, limited offerings, etc.), and such additional terms and conditions are deemed to be incorporated herein by reference.  

(i)      As part of any purchase process on the Store, you will be required to provide Nimble with complete and fully accurate details (such as, your payment details, home address, phone number, etc.), for the purpose of completing the purchase order and delivering the purchased Products to your premises. You hereby confirm that: (i) any and all details you provide to Nimble (including your Personal Information, as defined in our Privacy Policy) are voluntarily provided to Nimble, at your own discretion; (ii) any and all required details provided by you to Nimble are complete and fully accurate; and (iii) you are the rightful owner (or have the appropriate authorization to use) of the payment details you provide as part of your purchase. You hereby acknowledge that in case incorrect or incomplete details were provided by you, Nimble does not guarantee that the Products will reach their destination or that your order will be completed and/or approved by Nimble. 

(ii)    Please note that the checkout process on our Store and the placing an order for Products via the Store does not mean the purchase is final, even if you have received a confirmation email or other communications from us. Nimble shall be entitled to cancel any unfulfilled or yet to be shipped order, at Nimble’s sole discretion and at any time. Without derogating from the foregoing, fulfilling any order of Products may be contingent, amongst others, on the availability of Products in stock and the validity of the payment method you provide. By completing the checkout process on our Store, you agree to pay for the Products ordered by you, including all shipping and handling charges, as stipulated in the Store, and applicable taxes. Note that you may be charged for orders of Products before the Products have shipped. 

(iii)   Please note that all Products and purchases made via the Store are intended for personal and private use only. Commercial use and/or wholesale purchase of Products as well as sales to dealers or resellers are prohibited. Products are intended for sale to adults only. We reserve the right to refuse purchase orders and to limit the quantity of items purchased per person, household, or order, for any reason and without notice. 

(iv)   We may change Product prices presented on the Store from time to time and at its sole discretion, and without any prior notice, and any change in prices will not affect orders that were already confirmed by us according to these Terms. Without derogating from the foregoing, in the event a Product is unintentionally listed on the Store at an incorrect price, we shall have the right to refuse or cancel any orders placed for such Products listed at the incorrect price. Unless explicitly stated otherwise, each Product's prices indicated on the Store do not include any parts or services which are not explicitly detailed on the applicable Product’s page on the Store, including without limitation: (a) shipping and assembly fees; (b) accessories; (c) taxes, including VAT (unless otherwise required by law); and (d) cost of any other service that Nimble, its suppliers and/or any third party provides.

(v)    The Store includes information, descriptions and images of Products. Nimble makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of such descriptions and images, including without limitation any specifications, prices or fitness for a particular purpose. Such information, descriptions and images and the availability of any Products and their pricing are subject to change at any time without notice. Please note that Product colors presented on our Store depend on your monitor, or device screen, and as such we do not and cannot guarantee that your monitor's display of any color will accurately reflect actual Product color or finish, and we disclaim all warranties and liability in this respect. 

(vi)      Product packaging and related documentation may contain additional or different information than that provided on Store. Please read all labels, warnings, instructions, manuals and other information provided with the Product before using it. Nimble is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any third-party carriers.  

(vii)     You hereby represent and warrant that you shall comply with all applicable local, state and federal laws regarding the purchase, possession, and use of any Product. Without derogating from the foregoing, you acknowledge that the Products are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received, and you agree to comply with all such applicable laws. You agree, represent, and warrant that no Products will be exported to any territory, person, entity, or organization to which such Products could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

(i)      Nimble may offer from time-to-time promotional codes for Products (“Promo Codes”). Promo Codes are personal, may only be used in accordance with their terms, have no cash value and may not be duplicated, sold or transferred in any manner, or made available to the general public. We may disable Promo Codes at any time for any reason without liability. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that Nimble determines or believes, at its sole discretion, that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Promo Codes are void where prohibited by law. 

(ii)    Delivery of Products purchased from the Store to some States and addresses outside the United States may be limited. All transactions via the Store are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

(iii)      All returns of the Nimble Device must be made within 30 days of receiving the Products, and solely to the extent that they are unused. All returns shall be made by mail, unless otherwise instructed by our customer service. Payments shall be refunded to your original method of payment and may take up to 30 business days. Outbound shipping charges shall not be refunded upon return. You must present the applicable receipt in order to receive a refund, and we may ask for additional details and proof to validate the return of any Product. To return a Product, and for our full return policy, please visit nimblebeauty.com/returns or contact customer service at: returns@nimblebeauty.com. 

(iv)      YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

Account 

In order to use the App, you must register and create an account (the “Account“). As part of the registration and creation of an Account, you will be required to provide us with certain personal information, as further detailed in our Privacy Policy. 

You hereby agree to provide Nimble with complete, accurate and correct details as part of the registration process, and you hereby warrant that you will not misrepresent your identity or any other details in your Account. If we believe, in good faith, that you have obtained an Account by impersonating another person, such actions may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Nimble. It is hereby clarified that your use of payment details, including credit cards, which do not belong to you, and/or the delivery of incorrect payment details, are strictly prohibited and constitute a criminal offense. 

The Account is intended for private and personal use only. You must safeguard and not disclose your Account details and supervise the use of such Account. You agree to keep your Account details up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of your password and username to use the Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security related to your Account and in such event, you must change your password immediately. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the details such person has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

In case you wish to cancel and remove your Account, you may do so independently via the App or by contacting us by writing to the following e-mail address: privacy@nimblebeauty.com. The cancellation and removal of the Account will be carried out within a reasonable time, and from the moment of cancellation you will no longer be able to access your Account or view the details and/or content in your Account. It is hereby clarified that after the cancellation and removal of your Account, Nimble may keep any information and/or content regarding your Account for the purpose of handling legal claims and/or for accounting needs and/or any other purposes required or permitted by law.

PLEASE NOTE: CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT AND/OR INFORMATION ASSOCIATED WITH SUCH ACCOUNT (INCLUDING USER CONTENT AND DETAILS GENERATED BY YOU). WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Payments

To complete any purchase via the Store, you will be required to provide us with certain payment information. Please note that if your payment information is entered in error or does not go through for processing and you do not update the payment information upon our request, your entire purchase may be suspended or cancelled.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us or to our Online Payment Processors (as defined below). All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you to verify your identify and the validity of the purchase. 

The payments on the Store are processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with us. Nimble is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

Advertisements 

The App and/or Site may incorporate advertisements, commercials and promotions, including third-party advertisements. All the information contained in third party advertisements, promotions and commercials, belongs solely to the applicable third-party advertiser and Nimble makes no warranties or representations in respect of such, whether or not it has control over such advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property rights of, or relating to, any third-party advertisements. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials, including without limitation your dealings with advertisers and third party vendors found on or through the App and/or Site. Nimble may be entitled to certain shares of the earnings from advertisers and/or related third parties, for incorporating into the App and/or Site links to such parties’ websites, advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto. 

User Content

The App and/or Site may allow you to upload, post, publish and make available through it your own materials such as, images, literary works, text material and any other materials, including without limitation comments and images taken through the Device (collectively, the “User Content”). Please be sure that while you use the App and/or Site you respect the proprietary rights including any Intellectual Property and privacy rights of third parties who have any rights with respect to the User Content you uploaded to the App and/or Site. Nimble will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Content. 

As long as the User Content is subject to the applicable copyright law, such User Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. Notwithstanding, please note that User Content may be anonymized by us and such anonymized User Content may be used at our discretion without notice, your prior consent or compensation to you of any kind. 

You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such material, on the App and/or Site, in any way.

You represent and warrant that you are the rightful owner of the User Content you upload to the App and/or Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and that such User Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

Except as expressly permitted herein, you expressly agree that the User Content will not include any unsolicited promotions, advertising, contests or raffles. 

You agree that you will not post or upload any User Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Nimble to use or possess in connection with the App and/or Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). 

Nimble explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Content available on the App and/or Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the App at your sole expense. 

When you upload, post, publish or make available any User Content on the App and/or Site, you grant to (i) Nimble an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the name that you submit in connection with such User Content, in connection with the App and/or Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the App and/or Site a non-exclusive and royalty-free license to access your User Content through the App and/or Site and to use such User Content solely for personal and non-commercial purposes. Nimble may publish and use any User Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Content to any third party. Nimble shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.  

NIMBLE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP AND/OR SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS NIMBLE LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD-PARTY MAY ENCOUNTER VIA THE APP AND/OR SITE. 

THE USER CONTENT THAT YOU SUBMIT ON OR VIA THE SITE AND/OR APP IS PUBLICLY AVAILABLE TO OTHER USERS OR THIRD PARTIES WITH WHOM YOU SHARED IT, OR OTHERWISE ENABLED ACCESS TO IT; AND, THEREFORE, IS DEEMED TO BE NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY (I) PRIVACY RIGHTS AND PUBLICITY RIGHTS WITH RESPECT THERETO, AND (II) ANY CLAIMS AGAINST NIMBLE WITH RESPECT TO WHOM RECEIVED, OR DID NOT RECEIVE, FOR ANY REASON, THE USER CONTENT. NIMBLE DOES NOT ENDORSE ANY USER CONTENT AND SHALL NOT BE HELD LIABLE FOR ANY USER CONTENT WHATSOEVER.

Notice and Takedown Digital Millennium Copyright Act ;

Nimble respects the intellectual property rights and the privacy of others. Our designated agent (“Agent”) under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

[Agent]

Whitney Jacoby

Director, Digital Product

Nimble Beauty

If you believe that your work has been copied in a way that constitutes copyright infringement, and/or that certain User Content includes offensive content, including content that violates your privacy, is inappropriate, is defamatory, and/or contains pornography, please provide our Agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site or App where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Please also include your contact details, including e-mail, full name and other details. If such content is found to be infringing, it will be removed as soon as possible. For the avoidance of doubt, since Nimble does not monitor User Content, Nimble cannot identify any infringing content. Nimble will not be responsible for infringing content as stated herein. 

Nimble has the sole discretion to restrict and/or terminate Users' access to the Site and/or App and/or Services if such users are deemed to be repeat infringers of third party's copyright works or acted inappropriately as specified above.

1.     Social Media Features 

The Site and/or App may include social sharing and posting features and other integrated tools (for example the Facebook "Share" buttons, YouTube, Twitter, LinkedIn etc.) ("Social Features"). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Site's and/or App's integration with such Social Networks, however you may find that you are not able to enjoy all the features available by our service. Nimble is not responsible and has no liability for your use of such Social Networks.

Use Restrictions

There are certain conducts which are strictly prohibited when using the App, the Site and/or the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Nimble's sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms): (a) use the Site and/or App for any illegal, immoral, unlawful and/or unauthorized purposes; (b) remove or disassociate, from the Site and/or App any restrictions and signs indicating proprietary rights of Nimble or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®) and you represent and warrant that you will abide by all applicable laws in this respect; (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application or use other manual or automatic device, process or method to access the Site and/or App and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Site and/or App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Nimble endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site and/or App; (h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Nimble on or through the Site and/or the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Nimble’s proprietary rights, including Nimble’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted under any applicable laws; (j) make any use of the Content on any other site or networked computer environment for any purpose without our prior written consent; (k) create a browser or border environment around the Content (no frames on inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the App and/or Content;  (m) frame or mirror any part of the Site and/or the App without our prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site and/or App; (o) transmit or otherwise make available in connection with the Site and/or App any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Services for any purpose for which the Site and/or the App and/or the Services are not intended; (q) use the Site, the App and/or our Services, and/or communicate with Nimble (including, without limitation, via our social media accounts and/or email) in a manner which is considered by Nimble, as a nuisance, harassment, and/or inappropriate; and/or (r) infringe and/or violate any of the Terms.

Privacy Policy 

We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or App. Our policy and practices and the type of information collected are described in details in our Privacy Policy at nimblebeauty.com/privacy-policy which is incorporated herein by reference. You agree that Nimble may use and process personal information that you provide or make available to it in accordance with the Privacy Policy. If you intend to access or use the Site and/or App, you must first read and agree to the Privacy Policy.

Intellectual Property Rights 

The Site and/or App (including our technology) and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Nimble and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. The Terms do not convey to you an interest in or to Nimble Intellectual Property but only a limited revocable right of use in accordance with the Terms. 

Use of any Nimble’s registered or unregistered trademarks, service marks or logos and of all other third party trademarks, service marks, trade names and logos which may appear on the Site and/or App is strictly prohibited and may be a violation of applicable trademark laws.All goodwill generated from the use of Nimble's trademarks, service marks, and logos inures to the benefit of Nimble.  Elements of the Site and App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors

Subject to the terms hereof, Nimble hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to use the Site and/or App (including the Content) in accordance with the terms included in these Terms.

To the extent you provide any feedback, comments or suggestions to Nimble regarding the Site and/or App, whether within the Site and/or App or otherwise (collectively, the “Feedback”), Nimble shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site and/or App, any Nimble’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback. 

Linking to the Site and Links to Third Party Sites 

We welcome links to any page on our Site and/or App. You are free to establish a hypertext link to the Site and/or App so long as the link does not state or imply any connection or approval of your website and/or products by us, and does not portray us in a false or otherwise offensive manner. You may not link to our Site and/or App from a site that you do not own or have permission to use. In the event that you link to our Site and/or App you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

Certain links provided herein may permit our Users to leave this Site and/or App. These linked sites and services are not under our control, and Nimble is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, we are not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any site, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collecting.

Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc. 

The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and Nimble, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Nimble as provider of the App.

Nimble and you acknowledge that Nimble, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, Nimble, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, 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.

Special provisions relating to Third Party Components 

The Site and/or App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Site and/or App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or App and Nimble disclaims all liability related thereto. You acknowledge that Nimble is not the author, owner or licensor of any Third Party Components, and that Nimble makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source “or “publicly available“ software.

Changes to the Site and/or App and Updates 

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or App (or any part thereof, including but not limited to the Content and/or User Content) without notice, at any time. In addition, you hereby acknowledge that the Content and/or User Content provided under this Site and/or App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or App or the Content included therein. You hereby agree that Nimble is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes. 

If Nimble supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Nimble has no obligation to provide Updates.

Availability 

The Site’s and/or App’s availability and functionality depends on various factors, such as communication networks. We do not warrant or guarantee that the Site and/or App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

2.     Minors 

To use the Site and/or the App you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site and/or App. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site and/or App, without the guidance and supervision of such person's legal guardian, and on behalf such legal guardian's Account, we will prohibit and block such person from accessing the Site and/or Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such person.

Disclaimer of Warranties

THE PARAGRAPHS BELOW ARE IN ADDITION TO ANY DISCLAIMER OF WARRANTIES CONTAINED IN THESE TERMS.

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE APP, THE CONTENT, THE USER CONTENT AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND NIMBLE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “NIMBLE'S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR APP, (III) THE SITE AND/OR APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND NIMBLE AND  ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV)  AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR APP AND/OR CONTENT AND/OR USER CONTENT AND/OR SERVICES AVAILABLE THEREON OR THROUGH THE SITE AND/OR APP (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR APP WILL MEET YOUR REQUIREMENTS). NIMBLE AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR APP AND/OR THE STORE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR APP AND/OR THE STORE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE AND/OR APP AND/OR THE STORE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR USER CONTENT AND/OR THE STORE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL NIMBLE , INCLUDING ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR USER CONTENT AND/OR THE STORE AND/OR ANY INFORMATION APPEARING ON THE SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR THE STORE AND/OR THE CONTENT AND/OR USER CONTENT AND/OR INFORMATION APPEARING ON THE SERVICES AND/OR THE FAILURE OF THE SITE AND/OR APP AND/OR THE STORE TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER NIMBLE (OR NIMBLE REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, NIMBLE AND ITS REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER (NOT ATTRIBUTABLE TO PERSONAL INJURIES) ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR THE CONTENT AND/OR THE STORE AND/OR USER CONTENT AND/OR ANY INFORMATION APPEARING IN THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO NIMBLE FOR USE OF THE SITE AND/OR APP AND/OR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR $US1.00, WHICHEVER IS GREATER. 

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.  NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.   

Indemnification 

You agree to indemnify, defend and hold Nimble and Nimble's Representatives harmless from any loss, liability, claim, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or App and/or Content and/or User Data and/or User Content and/or Services; (ii) your violation of any of these Terms and/or violation of applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or App and/or Services; (iv) any User Content (including any third party claims against Nimble in connection therewith); and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party or any User with relation to the Site and/or App and/or Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

Amendments to the Terms 

Nimble may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site and/or App or sent via e-mail, whichever is earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or App on thereafter will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

Termination and Suspension 

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith, Nimble may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App in your possession or control and so certify to Nimble if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, at any time, Nimble may without notice discontinue your use of the Site and/or App, at its sole discretion, in addition to any other remedies that may be available to Nimble under applicable law, and in such case, you hereby acknowledge that such termination or suspension of your Account and/or use of the App may affect your use of Nimble's Products, including without limitation, the Device and Nimble Capsules. You agree and acknowledge that Nimble does not assume any responsibility with respect to, or in connection with the termination of the Site’s and/or App’s operation, including any effect on Nimble's Products and/or loss of any data. 

Please note that failure to comply with any of use restrictions set forth in these Terms may result (at Nimble's sole discretion) in the termination of your use of the Site and/or App and may also expose you to civil and/or criminal liability.

BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms, the App, the Site, the Services or any Content (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before one (1) neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in your local jurisdiction.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 26 below, nothing in these Terms will prevent Nimble from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NIMBLE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Nimble’s intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms.  We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

General

(a) These Terms constitute the entire terms and conditions between you and Nimble relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Nimble, (b) these Terms shall be governed by, and will be construed under the law of the State of New York, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied (c) the parties are independent contractors, and these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (d) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (e) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void, and we may assign or transfer these Terms without restriction or notification, (i) no amendment hereof made or proposed by any User or on any User’s behalf will be binding unless in writing and signed by Nimble, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

For information, questions or notification of errors, please contact: 

If you have any questions (or comments) concerning the Terms or if you need any support regarding our Services, you are most welcome to send us an email and we will make an effort to reply within a reasonable timeframe privacy@nimblebeauty.com.    

 Nimble Beauty Terms of Use

Last Revised: October 21, 2022

Nimble Beauty Inc. and its affiliates (collectively, "Nimble", "we", "our" or "us") welcome you (the “User(s)”, or “you”) to our website at nimblebeauty.com and its subdomains (collectively, the “Site”), and to our Nimble Beauty mobile application (the “App”). 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Acceptance of the Terms

By entering, connecting to, accessing or using the Site, and/or by entering, connecting to, accessing, using or  by installing and/or downloading the App on your device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: nimblebeauty.com/privacy-policy (the “Privacy Policy”) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of our Site and/or the App and you acknowledge that these Terms constitute a binding and enforceable legal contract between Nimble and you. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR SITE AND/OR THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.  

Our Site and App are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.

The App, the Site and the Services 

Our App is intended for use in conjunction with our Automated Home Manicure Device and its accessories (collectively, the "Device"), and allows Users to operate certain features of the Device and to purchase Devices, as well as certain accessories and complementary products such as cartridges and capsules (the "Nimble Capsule(s)"), which are relevant to use of the Device, through our online store (the “Store” and collectively, all products, including Nimble Capsules sold via the Store: the “Products”). Our Site primarily serves as a portal to our online Store, and these Terms govern your use of and access to the Store as part of the Site. The App and Site also offer basic information regarding Nimble, the Device and our other products and services. Each of the Site’s and App’s Users may use it in accordance with the terms and conditions hereunder. Any services provided via the App and/or Site, as further detailed below, shall hereinafter be referred to as the “Services”. 

PLEASE NOTE THAT THESE TERMS RELATE SOLELY TO OUR APP AND SITE. THE DEVICE IS SOLD WITH SPECIFIC DOCUMENTATION, INSTRUCTIONS AND MANUALS, WHICH INCLUDE COMPREHENSIVE INFORMATION AND INSTRUCTIONS ON THE OPERATION OF THE DEVICE, INCLUDING RELEVANT WARRANTIES, DISCLAIMERS AND NOTICES RELATING TO THE DEVICE AND ITS PROPER OPERATION. YOU MUST READ THE DEVICE’S MANUAL AND DOCUMENTATION BEFORE USING THE DEVICE. FOR THE AVOIDANCE OF DOUBT, ANY REPRESENTATION, WARRANTY AND/OR DISCLAIMER THEREOF, WHICH ARE STIPULATED IN THESE TERMS, DO NOT EXTEND TO THE DEVICE AND ALL WARRANTIES RELATING TO THE DEVICE AND/OR NIMBLE CAPSULES AND/OR OTHER PRODUCTS AND SERVICES, IF ANY, ARE PROVIDED IN THEIR RESPECTIVE DOCUMENTATION AND/OR MANUALS.

Please note that for the proper installation and use of the Device, the Device must be paired with the App. Once the App and the Device are paired, certain data from the Device will be retrieved and incorporated into your Account (as such term is defined below). Please note that in order to use the Device and pair it with the App, both the device on which you install the App and the Device, must be connected to the same Wi-Fi network with an available Internet connection.

Please note that information, data and images relating to your use of the Device are made available to us and are processed by us, as further detailed in our Privacy Policy. We may use such information in order to create your online profile, and to enable the operation of the App and the Device, for marketing purposes and for our legitimate business needs. Please note that we may also anonymize all such information, data and images and retain them even after your Account (as defined below) terminates, and use such anonymized information, data and images at our sole discretion. All rights to anonymized data derived from the Device and your use of the Device and/or App, vests with Nimble. By installing the App and using the Device you acknowledge and agree to such practices. 

By installing, accessing and using the App, you agree to receive electronic communications from us, which may include push-notifications, as further detailed in our Privacy Policy. App Users can deactivate such push-notifications at any time by changing the notification settings on their mobile device.

The Site and/or App may offer Users to join our newsletter and/or our wait list for Products' availability, and Users who join such wait list and/or newsletter may receive updates and/or commercial content via e-mail and/or push notifications via the Site and/or App regarding our developments, new services, new offerings, etc.

The Site and App include our proprietary content, and may include any other content related to Nimble, the Store and/or Products and the Services, such as content information, videos, text, logos, buttons, icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and/or App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, User Content (as defined below), and other features obtained from or through the Site and/or App (collectively, the “Content”). 

THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR USER CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, THE APP, THE SERVICES AND/OR THE CONTENT AND/OR USER CONTENT AVAILABLE THEREIN, IS ENTIRELY AT YOUR OWN RISK. NIMBLE DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR APP AND/OR THE SERVICES AND/OR USER CONTENT AND/OR CONTENT, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR APP AND/OR CONTENT AND/OR USER CONTENT AND/OR THE SERVICES.

ALL RIGHTS IN AND TO THE SITE AND/OR APP AND/OR THE CONTENT AVAILABLE THEREIN ARE RESERVED TO NIMBLE OR ITS LICENSORS. 

MARKETING: BY PROVIDING US WITH YOUR CONTACT DETAILS, YOU AGREE THAT WE MAY USE YOUR CONTACT DETAILS (INCLUDING, WITHOUT LIMITATION, EMAIL ADDRESS AND PHONE NUMBER) FOR THE PURPOSE OF PROVIDING YOU COMMERCIAL AND/OR NON-COMMERCIAL MATERIALS RELATED TO OUR AND OUR BUSINESS PARTNERS’ CURRENT AND/OR FUTURE PRODUCTS, SERVICES AND ACTIVITIES. YOU MAY WITHDRAW YOUR CONSENT BY SENDING A WRITTEN NOTICE TO OUR EMAIL ADDRESS PRIVACY@NIMBLEBEAUTY.COM OR ALTERNATIVELY BY FOLLOWING THE INSTRUCTIONS FOR REMOVING YOURSELF FROM THE MAILING LIST WHICH ARE AVAILABLE IN THE MESSAGE TRANSMITTED TO YOU, OR BY CANCELING YOUR ACCEPTANCE TO RECEIVE EMAILS AND/OR TEXTS FROM NIMBLE VIA YOUR ACCOUNT ON THE SITE (AS APPLICABLE). FOR THE AVOIDANCE OF DOUBT, SUCH REMOVAL FROM OUR MAILING LIST WILL NOT AFFECT YOUR RECEIPT OF TRANSACTIONAL MESSAGES RELATED TO THE SERVICES, SUCH AS MESSAGES FROM OUR CUSTOMER SERVICE. 

You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or App and/or Services, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

The Store 

The following terms apply to purchases of Products, including without limitation Nimble Capsules and the Nimble Device, made via the Store. Please note that additional terms and conditions relating to purchase made via the Store, as presented on our Site and/or App and/or Store, may apply to your purchase (e.g., terms relating to special sales, limited offerings, etc.), and such additional terms and conditions are deemed to be incorporated herein by reference.  

(i)      As part of any purchase process on the Store, you will be required to provide Nimble with complete and fully accurate details (such as, your payment details, home address, phone number, etc.), for the purpose of completing the purchase order and delivering the purchased Products to your premises. You hereby confirm that: (i) any and all details you provide to Nimble (including your Personal Information, as defined in our Privacy Policy) are voluntarily provided to Nimble, at your own discretion; (ii) any and all required details provided by you to Nimble are complete and fully accurate; and (iii) you are the rightful owner (or have the appropriate authorization to use) of the payment details you provide as part of your purchase. You hereby acknowledge that in case incorrect or incomplete details were provided by you, Nimble does not guarantee that the Products will reach their destination or that your order will be completed and/or approved by Nimble. 

(ii)    Please note that the checkout process on our Store and the placing an order for Products via the Store does not mean the purchase is final, even if you have received a confirmation email or other communications from us. Nimble shall be entitled to cancel any unfulfilled or yet to be shipped order, at Nimble’s sole discretion and at any time. Without derogating from the foregoing, fulfilling any order of Products may be contingent, amongst others, on the availability of Products in stock and the validity of the payment method you provide. By completing the checkout process on our Store, you agree to pay for the Products ordered by you, including all shipping and handling charges, as stipulated in the Store, and applicable taxes. Note that you may be charged for orders of Products before the Products have shipped. 

(iii)   Please note that all Products and purchases made via the Store are intended for personal and private use only. Commercial use and/or wholesale purchase of Products as well as sales to dealers or resellers are prohibited. Products are intended for sale to adults only. We reserve the right to refuse purchase orders and to limit the quantity of items purchased per person, household, or order, for any reason and without notice. 

(iv)   We may change Product prices presented on the Store from time to time and at its sole discretion, and without any prior notice, and any change in prices will not affect orders that were already confirmed by us according to these Terms. Without derogating from the foregoing, in the event a Product is unintentionally listed on the Store at an incorrect price, we shall have the right to refuse or cancel any orders placed for such Products listed at the incorrect price. Unless explicitly stated otherwise, each Product's prices indicated on the Store do not include any parts or services which are not explicitly detailed on the applicable Product’s page on the Store, including without limitation: (a) shipping and assembly fees; (b) accessories; (c) taxes, including VAT (unless otherwise required by law); and (d) cost of any other service that Nimble, its suppliers and/or any third party provides.

(v)    The Store includes information, descriptions and images of Products. Nimble makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of such descriptions and images, including without limitation any specifications, prices or fitness for a particular purpose. Such information, descriptions and images and the availability of any Products and their pricing are subject to change at any time without notice. Please note that Product colors presented on our Store depend on your monitor, or device screen, and as such we do not and cannot guarantee that your monitor's display of any color will accurately reflect actual Product color or finish, and we disclaim all warranties and liability in this respect. 

(vi)      Product packaging and related documentation may contain additional or different information than that provided on Store. Please read all labels, warnings, instructions, manuals and other information provided with the Product before using it. Nimble is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any third-party carriers.  

(vii)     You hereby represent and warrant that you shall comply with all applicable local, state and federal laws regarding the purchase, possession, and use of any Product. Without derogating from the foregoing, you acknowledge that the Products are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received, and you agree to comply with all such applicable laws. You agree, represent, and warrant that no Products will be exported to any territory, person, entity, or organization to which such Products could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

(i)      Nimble may offer from time-to-time promotional codes for Products (“Promo Codes”). Promo Codes are personal, may only be used in accordance with their terms, have no cash value and may not be duplicated, sold or transferred in any manner, or made available to the general public. We may disable Promo Codes at any time for any reason without liability. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that Nimble determines or believes, at its sole discretion, that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Promo Codes are void where prohibited by law. 

(ii)    Delivery of Products purchased from the Store to some States and addresses outside the United States may be limited. All transactions via the Store are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

(iii)      All returns of the Nimble Device must be made within 30 days of receiving the Products, and solely to the extent that they are unused. All returns shall be made by mail, unless otherwise instructed by our customer service. Payments shall be refunded to your original method of payment and may take up to 30 business days. Outbound shipping charges shall not be refunded upon return. You must present the applicable receipt in order to receive a refund, and we may ask for additional details and proof to validate the return of any Product. To return a Product, and for our full return policy, please visit nimblebeauty.com/returns or contact customer service at: returns@nimblebeauty.com. 

(iv)      YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

Account 

In order to use the App, you must register and create an account (the “Account“). As part of the registration and creation of an Account, you will be required to provide us with certain personal information, as further detailed in our Privacy Policy. 

You hereby agree to provide Nimble with complete, accurate and correct details as part of the registration process, and you hereby warrant that you will not misrepresent your identity or any other details in your Account. If we believe, in good faith, that you have obtained an Account by impersonating another person, such actions may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Nimble. It is hereby clarified that your use of payment details, including credit cards, which do not belong to you, and/or the delivery of incorrect payment details, are strictly prohibited and constitute a criminal offense. 

The Account is intended for private and personal use only. You must safeguard and not disclose your Account details and supervise the use of such Account. You agree to keep your Account details up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of your password and username to use the Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security related to your Account and in such event, you must change your password immediately. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the details such person has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

In case you wish to cancel and remove your Account, you may do so independently via the App or by contacting us by writing to the following e-mail address: privacy@nimblebeauty.com. The cancellation and removal of the Account will be carried out within a reasonable time, and from the moment of cancellation you will no longer be able to access your Account or view the details and/or content in your Account. It is hereby clarified that after the cancellation and removal of your Account, Nimble may keep any information and/or content regarding your Account for the purpose of handling legal claims and/or for accounting needs and/or any other purposes required or permitted by law.

PLEASE NOTE: CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT AND/OR INFORMATION ASSOCIATED WITH SUCH ACCOUNT (INCLUDING USER CONTENT AND DETAILS GENERATED BY YOU). WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Payments

To complete any purchase via the Store, you will be required to provide us with certain payment information. Please note that if your payment information is entered in error or does not go through for processing and you do not update the payment information upon our request, your entire purchase may be suspended or cancelled.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us or to our Online Payment Processors (as defined below). All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you to verify your identify and the validity of the purchase. 

The payments on the Store are processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with us. Nimble is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

Advertisements 

The App and/or Site may incorporate advertisements, commercials and promotions, including third-party advertisements. All the information contained in third party advertisements, promotions and commercials, belongs solely to the applicable third-party advertiser and Nimble makes no warranties or representations in respect of such, whether or not it has control over such advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property rights of, or relating to, any third-party advertisements. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials, including without limitation your dealings with advertisers and third party vendors found on or through the App and/or Site. Nimble may be entitled to certain shares of the earnings from advertisers and/or related third parties, for incorporating into the App and/or Site links to such parties’ websites, advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto. 

User Content

The App and/or Site may allow you to upload, post, publish and make available through it your own materials such as, images, literary works, text material and any other materials, including without limitation comments and images taken through the Device (collectively, the “User Content”). Please be sure that while you use the App and/or Site you respect the proprietary rights including any Intellectual Property and privacy rights of third parties who have any rights with respect to the User Content you uploaded to the App and/or Site. Nimble will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Content. 

As long as the User Content is subject to the applicable copyright law, such User Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. Notwithstanding, please note that User Content may be anonymized by us and such anonymized User Content may be used at our discretion without notice, your prior consent or compensation to you of any kind. 

You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such material, on the App and/or Site, in any way.

You represent and warrant that you are the rightful owner of the User Content you upload to the App and/or Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and that such User Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

Except as expressly permitted herein, you expressly agree that the User Content will not include any unsolicited promotions, advertising, contests or raffles. 

You agree that you will not post or upload any User Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Nimble to use or possess in connection with the App and/or Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). 

Nimble explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Content available on the App and/or Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the App at your sole expense. 

When you upload, post, publish or make available any User Content on the App and/or Site, you grant to (i) Nimble an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the name that you submit in connection with such User Content, in connection with the App and/or Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the App and/or Site a non-exclusive and royalty-free license to access your User Content through the App and/or Site and to use such User Content solely for personal and non-commercial purposes. Nimble may publish and use any User Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Content to any third party. Nimble shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.  

NIMBLE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP AND/OR SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS NIMBLE LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD-PARTY MAY ENCOUNTER VIA THE APP AND/OR SITE. 

THE USER CONTENT THAT YOU SUBMIT ON OR VIA THE SITE AND/OR APP IS PUBLICLY AVAILABLE TO OTHER USERS OR THIRD PARTIES WITH WHOM YOU SHARED IT, OR OTHERWISE ENABLED ACCESS TO IT; AND, THEREFORE, IS DEEMED TO BE NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY (I) PRIVACY RIGHTS AND PUBLICITY RIGHTS WITH RESPECT THERETO, AND (II) ANY CLAIMS AGAINST NIMBLE WITH RESPECT TO WHOM RECEIVED, OR DID NOT RECEIVE, FOR ANY REASON, THE USER CONTENT. NIMBLE DOES NOT ENDORSE ANY USER CONTENT AND SHALL NOT BE HELD LIABLE FOR ANY USER CONTENT WHATSOEVER.

Notice and Takedown Digital Millennium Copyright Act ;

Nimble respects the intellectual property rights and the privacy of others. Our designated agent (“Agent”) under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

[Agent]

Whitney Jacoby

Director, Digital Product

Nimble Beauty

If you believe that your work has been copied in a way that constitutes copyright infringement, and/or that certain User Content includes offensive content, including content that violates your privacy, is inappropriate, is defamatory, and/or contains pornography, please provide our Agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site or App where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Please also include your contact details, including e-mail, full name and other details. If such content is found to be infringing, it will be removed as soon as possible. For the avoidance of doubt, since Nimble does not monitor User Content, Nimble cannot identify any infringing content. Nimble will not be responsible for infringing content as stated herein. 

Nimble has the sole discretion to restrict and/or terminate Users' access to the Site and/or App and/or Services if such users are deemed to be repeat infringers of third party's copyright works or acted inappropriately as specified above.

1.     Social Media Features 

The Site and/or App may include social sharing and posting features and other integrated tools (for example the Facebook "Share" buttons, YouTube, Twitter, LinkedIn etc.) ("Social Features"). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network"). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Site's and/or App's integration with such Social Networks, however you may find that you are not able to enjoy all the features available by our service. Nimble is not responsible and has no liability for your use of such Social Networks.

Use Restrictions

There are certain conducts which are strictly prohibited when using the App, the Site and/or the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Nimble's sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms): (a) use the Site and/or App for any illegal, immoral, unlawful and/or unauthorized purposes; (b) remove or disassociate, from the Site and/or App any restrictions and signs indicating proprietary rights of Nimble or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®) and you represent and warrant that you will abide by all applicable laws in this respect; (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application or use other manual or automatic device, process or method to access the Site and/or App and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Site and/or App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Nimble endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site and/or App; (h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Nimble on or through the Site and/or the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Nimble’s proprietary rights, including Nimble’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted under any applicable laws; (j) make any use of the Content on any other site or networked computer environment for any purpose without our prior written consent; (k) create a browser or border environment around the Content (no frames on inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the App and/or Content;  (m) frame or mirror any part of the Site and/or the App without our prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site and/or App; (o) transmit or otherwise make available in connection with the Site and/or App any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Services for any purpose for which the Site and/or the App and/or the Services are not intended; (q) use the Site, the App and/or our Services, and/or communicate with Nimble (including, without limitation, via our social media accounts and/or email) in a manner which is considered by Nimble, as a nuisance, harassment, and/or inappropriate; and/or (r) infringe and/or violate any of the Terms.

Privacy Policy 

We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or App. Our policy and practices and the type of information collected are described in details in our Privacy Policy at nimblebeauty.com/privacy-policy which is incorporated herein by reference. You agree that Nimble may use and process personal information that you provide or make available to it in accordance with the Privacy Policy. If you intend to access or use the Site and/or App, you must first read and agree to the Privacy Policy.

Intellectual Property Rights 

The Site and/or App (including our technology) and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Nimble and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. The Terms do not convey to you an interest in or to Nimble Intellectual Property but only a limited revocable right of use in accordance with the Terms. 

Use of any Nimble’s registered or unregistered trademarks, service marks or logos and of all other third party trademarks, service marks, trade names and logos which may appear on the Site and/or App is strictly prohibited and may be a violation of applicable trademark laws.All goodwill generated from the use of Nimble's trademarks, service marks, and logos inures to the benefit of Nimble.  Elements of the Site and App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors

Subject to the terms hereof, Nimble hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to use the Site and/or App (including the Content) in accordance with the terms included in these Terms.

To the extent you provide any feedback, comments or suggestions to Nimble regarding the Site and/or App, whether within the Site and/or App or otherwise (collectively, the “Feedback”), Nimble shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site and/or App, any Nimble’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback. 

Linking to the Site and Links to Third Party Sites 

We welcome links to any page on our Site and/or App. You are free to establish a hypertext link to the Site and/or App so long as the link does not state or imply any connection or approval of your website and/or products by us, and does not portray us in a false or otherwise offensive manner. You may not link to our Site and/or App from a site that you do not own or have permission to use. In the event that you link to our Site and/or App you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

Certain links provided herein may permit our Users to leave this Site and/or App. These linked sites and services are not under our control, and Nimble is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, we are not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any site, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collecting.

Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc. 

The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and Nimble, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Nimble as provider of the App.

Nimble and you acknowledge that Nimble, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, Nimble, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, 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.

Special provisions relating to Third Party Components 

The Site and/or App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Site and/or App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or App and Nimble disclaims all liability related thereto. You acknowledge that Nimble is not the author, owner or licensor of any Third Party Components, and that Nimble makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source “or “publicly available“ software.

Changes to the Site and/or App and Updates 

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or App (or any part thereof, including but not limited to the Content and/or User Content) without notice, at any time. In addition, you hereby acknowledge that the Content and/or User Content provided under this Site and/or App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or App or the Content included therein. You hereby agree that Nimble is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes. 

If Nimble supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Nimble has no obligation to provide Updates.

Availability 

The Site’s and/or App’s availability and functionality depends on various factors, such as communication networks. We do not warrant or guarantee that the Site and/or App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

2.     Minors 

To use the Site and/or the App you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site and/or App. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site and/or App, without the guidance and supervision of such person's legal guardian, and on behalf such legal guardian's Account, we will prohibit and block such person from accessing the Site and/or Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such person.

Disclaimer of Warranties

THE PARAGRAPHS BELOW ARE IN ADDITION TO ANY DISCLAIMER OF WARRANTIES CONTAINED IN THESE TERMS.

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE APP, THE CONTENT, THE USER CONTENT AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND NIMBLE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “NIMBLE'S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR APP, (III) THE SITE AND/OR APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND NIMBLE AND  ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV)  AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR APP AND/OR CONTENT AND/OR USER CONTENT AND/OR SERVICES AVAILABLE THEREON OR THROUGH THE SITE AND/OR APP (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR APP WILL MEET YOUR REQUIREMENTS). NIMBLE AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR APP AND/OR THE STORE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR APP AND/OR THE STORE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE AND/OR APP AND/OR THE STORE.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR USER CONTENT AND/OR THE STORE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL NIMBLE , INCLUDING ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR USER CONTENT AND/OR THE STORE AND/OR ANY INFORMATION APPEARING ON THE SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR THE STORE AND/OR THE CONTENT AND/OR USER CONTENT AND/OR INFORMATION APPEARING ON THE SERVICES AND/OR THE FAILURE OF THE SITE AND/OR APP AND/OR THE STORE TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER NIMBLE (OR NIMBLE REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, NIMBLE AND ITS REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER (NOT ATTRIBUTABLE TO PERSONAL INJURIES) ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR THE CONTENT AND/OR THE STORE AND/OR USER CONTENT AND/OR ANY INFORMATION APPEARING IN THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO NIMBLE FOR USE OF THE SITE AND/OR APP AND/OR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR $US1.00, WHICHEVER IS GREATER. 

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.  NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.   

Indemnification 

You agree to indemnify, defend and hold Nimble and Nimble's Representatives harmless from any loss, liability, claim, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or App and/or Content and/or User Data and/or User Content and/or Services; (ii) your violation of any of these Terms and/or violation of applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or App and/or Services; (iv) any User Content (including any third party claims against Nimble in connection therewith); and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party or any User with relation to the Site and/or App and/or Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

Amendments to the Terms 

Nimble may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site and/or App or sent via e-mail, whichever is earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or App on thereafter will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

Termination and Suspension 

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith, Nimble may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App in your possession or control and so certify to Nimble if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, at any time, Nimble may without notice discontinue your use of the Site and/or App, at its sole discretion, in addition to any other remedies that may be available to Nimble under applicable law, and in such case, you hereby acknowledge that such termination or suspension of your Account and/or use of the App may affect your use of Nimble's Products, including without limitation, the Device and Nimble Capsules. You agree and acknowledge that Nimble does not assume any responsibility with respect to, or in connection with the termination of the Site’s and/or App’s operation, including any effect on Nimble's Products and/or loss of any data. 

Please note that failure to comply with any of use restrictions set forth in these Terms may result (at Nimble's sole discretion) in the termination of your use of the Site and/or App and may also expose you to civil and/or criminal liability.

BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms, the App, the Site, the Services or any Content (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before one (1) neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in your local jurisdiction.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 26 below, nothing in these Terms will prevent Nimble from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NIMBLE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Nimble’s intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms.  We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

General

(a) These Terms constitute the entire terms and conditions between you and Nimble relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Nimble, (b) these Terms shall be governed by, and will be construed under the law of the State of New York, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied (c) the parties are independent contractors, and these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (d) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (e) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void, and we may assign or transfer these Terms without restriction or notification, (i) no amendment hereof made or proposed by any User or on any User’s behalf will be binding unless in writing and signed by Nimble, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

For information, questions or notification of errors, please contact: 

If you have any questions (or comments) concerning the Terms or if you need any support regarding our Services, you are most welcome to send us an email and we will make an effort to reply within a reasonable timeframe privacy@nimblebeauty.com.