These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by NerdKafe LLC (“NerdKafe”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between NerdKafe and the individual or entity who subscribes to our service (“Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. NerdKafe may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that NerdKafe believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

1. SERVICES

NerdKafe agrees to provide services to the Subscriber subject to the following:

a. The Service is provided on an “as is” and “as available” basis and is provided without any warranty or condition, express, implied or statutory. b. NerdKafe reserves the right to modify, suspend, or discontinue the Service at any time, with or without notice. c. Subscriber expressly understands and agrees that NerdKafe shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.

2. PAYMENT

a. By signing up for the Service, you agree to pay NerdKafe the monthly or annual subscription fees as indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated. b. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

3. PRIVACY POLICY

The privacy of our customers is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

4. RESTRICTIONS AND RESPONSIBILITIES

a. Subscriber shall not, nor shall it permit any third party to, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code, trade secrets or other proprietary information contained in the Service. b. Subscriber shall use the Service for lawful purposes only and shall not use it for any illegal or unethical activity. c. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long-distance or local telephone service. d. Subscriber shall ensure that its use of the Service complies with all applicable United States federal, state, and local laws and regulations.

5. CONFIDENTIALITY AND PROPRIETARY RIGHTS

a. The Service, including its software, scripts, and code, are the proprietary and confidential information of NerdKafe, and Subscriber shall maintain the confidentiality of such information and protect it using reasonable measures. b. Subscriber agrees that ownership and title to the Service, including any modifications, enhancements, derivatives, updates, or customizations of the Service, shall remain with NerdKafe, and Subscriber shall not assert any claim of ownership or title in the Service or any modifications, enhancements, derivatives,