Last updated: April 24, 2026
These Terms & Conditions ("Terms") govern your access to and use of the websites, software, platform, features, communications, content, and services offered by Nirvani Company ("Nirvani," "Company," "we," "us," or "our"). Nirvani Company is the contracting party for all services provided under these Terms.
By accessing or using our website, platform, or services, or by signing a proposal, service order, quote, statement of work, invoice, onboarding document, or similar commercial document referencing these Terms, you agree to be bound by them. If you do not agree, do not use the website or the services.
Our website and services are intended solely for business and commercial use. By using our services you represent that you are at least 18 years old, have authority to act on behalf of yourself or the business you represent, and will comply with applicable law. The services are not intended for personal, family, or household purposes, and consumer protection laws based on personal use do not apply.
Nirvani provides business software, automation, AI infrastructure, CRM, voice, messaging, communications, websites, follow-up systems, reporting, payment-related enablement, and related business services. Services may include CRM setup and configuration; AI chat, voice, messaging, automation, and follow-up systems; booking and scheduling workflows; websites, landing pages, and related digital assets; reporting, dashboards, analytics; and related implementation, configuration, support, and consulting. Not every feature described on our website is included in every client engagement, plan, or service package.
Nirvani may add, remove, modify, improve, or discontinue any feature, module, integration, or service, in whole or in part, at any time and in its sole discretion. Nirvani will use commercially reasonable efforts to notify active clients of material changes that adversely affect core functionality.
Unless expressly stated in a signed service order or written agreement, no uptime, response time, availability, or service level commitment applies. The services are provided on a commercially reasonable efforts basis.
These Terms apply generally to website visitors, users, prospects, and clients. If you enter into a separate signed agreement, service order, proposal, statement of work, invoice approval, onboarding summary, or similar commercial document with Nirvani, that document may include additional or more specific terms. If there is a direct conflict between these Terms and a signed client document, the signed client document controls for that specific scope, pricing, or commercial issue. In all other respects these Terms remain fully applicable.
Nirvani’s services, content, automations, AI outputs, reports, templates, messages, recommendations, and related materials are provided for business, operational, and informational purposes only. They are not legal, medical, accounting, tax, investment, healthcare, or other licensed professional advice. You remain solely responsible for reviewing and approving any output before using it in your business and for obtaining advice from qualified professionals where appropriate. No fiduciary, advisory, or confidential relationship is created by your use of the services.
When you create or use an account with Nirvani, you agree to:
You are responsible for all activity occurring under your account, including activity by employees, contractors, agents, and any third parties you permit access. Nirvani is not liable for loss or damage arising from your failure to protect your credentials or comply with this section.
You agree not to use the website, platform, or services for any of the following, and any such use constitutes a material breach permitting immediate termination without refund:
We may refuse service, suspend access, or terminate the services immediately and without refund if your use reasonably appears to violate these Terms or create legal, operational, processor, or reputational risk. Nirvani’s determination of a violation is made in its sole reasonable discretion.
Nirvani may maintain a list of prohibited or high-risk industries, use cases, and workflows and may refuse, suspend, or terminate service for any client engaged in such activity, at any time and in its sole discretion. A current list is available on request to [email protected].
As a client you agree to:
When the platform is used to send communications to your customers or leads, you are the sender of record under the TCPA, CAN-SPAM, CASL, A2P 10DLC, DNC, state telemarketing laws, and carrier rules. You are solely responsible for obtaining, documenting, and honoring consent, opt-outs, quiet hours, suppression lists, identification requirements, and all applicable carrier and regulatory requirements. Nirvani acts solely as the technology provider and is not a party to your communications with your customers.
We are not responsible for delays, failures, reduced performance, lost messages, lost leads, or lost opportunities caused by your late approvals, missing materials, internal operations, unlawful use, third-party restrictions, carrier filtering, or third-party outages.
You are responsible for compliance with all federal and state laws governing the recording, monitoring, transcription, and retention of voice, video, and related communications, including all-party-consent requirements in jurisdictions that impose them. You agree to provide any required disclosure and capture any required consent prior to recording, and you are solely responsible for the lawfulness of any recording feature enabled in your deployment.
If you are a financial institution, healthcare provider, consumer-reporting agency, or other regulated entity, you are solely responsible for compliance with laws applicable to your business, including the Gramm-Leach-Bliley Act and the FTC Safeguards Rule (for financial institutions), the Fair Credit Reporting Act (for consumer-reporting data), HIPAA (for protected health information), and comparable sectoral laws. You will not use the platform to process regulated data unless a separate written instrument (such as a Business Associate Agreement or sectoral addendum) is in place. Nirvani is not a consumer-reporting agency and the services are not intended to generate consumer reports under the FCRA.
Our services may use AI-assisted, automated, or rules-based systems for messaging, chat, voice, qualification, scheduling, tagging, routing, reporting, content generation, summaries, and other business functions. AI and automated systems can produce inaccurate, incomplete, delayed, biased, or undesired outputs. Nirvani does not warrant that AI outputs will be accurate, complete, lawful, or fit for any particular purpose.
You are solely responsible for reviewing AI-generated outputs before they are transmitted to any customer, lead, employee, or third party; for deciding whether and how to use them in your business; for verifying factual statements, quotes, pricing, legal disclosures, regulatory statements, and claims; and for the accuracy, legality, and appropriateness of any output you choose to send. Nirvani has no duty to independently review, fact-check, or approve AI output before transmission.
Nirvani does not use client Confidential Information or client customer personal data to train third-party foundation models. Nirvani may collect, process, and use aggregated usage telemetry, metadata, configuration data, and performance data (excluding the substantive content of client customer messages) to operate, secure, monitor, benchmark, improve, and develop the services, provided such data cannot reasonably be used to identify any individual or client.
Features labeled alpha, beta, preview, early access, or similar are provided strictly as-is, may be modified, suspended, or discontinued at any time without notice, and are excluded from any service commitments, warranties, and from the liability floor referenced in Section 25.
Outputs produced by the platform are decision-support tools only. Nirvani does not make solely automated decisions producing legal or similarly significant effects on any individual.
Our services may rely on third-party providers, integrations, software, telecom vendors, payment processors, hosting providers, advertising platforms, messaging providers, and related systems. We do not control third-party services and are not responsible for outages, policy changes, pricing changes, suspensions, delays, failures, data loss, or security incidents caused by third-party providers. Your use of third-party services may also be subject to their own terms, and you are responsible for complying with those terms.
Pricing may vary by client based on scope, complexity, deliverables, service level, usage, and related factors. Final pricing for each client will be stated in the applicable signed service order, proposal, invoice, onboarding approval, or other written commercial document. Unless otherwise stated in writing:
If you do not wish to accept a price change, you may cancel the affected services under Section 16 before the new price takes effect. Continued use of the services after the effective date of a price change constitutes acceptance.
Month-to-month services automatically renew each billing period at the then-current rate unless cancelled in accordance with Section 16. Fixed-term engagements automatically renew for successive terms of equal length at the then-current rate unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term.
No services will begin, and no payment method will be charged, until the client has accepted the applicable commercial terms through a signed agreement, service order, proposal acceptance, invoice approval, checkout flow, or other written or electronic authorization acceptable to Nirvani.
By providing a payment method and authorizing commercial terms, you authorize Nirvani and its payment processors to charge that method for:
You represent that you are authorized to use the payment method provided. If a payment is declined, returned, reversed, disputed, or unauthorized, Nirvani may suspend or terminate the services until the account is brought current and may pursue all available remedies.
Charges may appear on your statement under a billing descriptor associated with Nirvani or a related approved descriptor used by our payment processor. You acknowledge and consent to such descriptors and waive any claim based solely on the form of the billing descriptor. You consent to receive invoices, receipts, service notices, billing notices, renewal notices, cancellation confirmations, and related communications electronically.
Services may involve third-party costs including but not limited to:
Whenever possible, third-party costs should be billed directly to the client by the applicable provider. If Nirvani advances or incurs an approved third-party cost on your behalf, you agree to reimburse Nirvani promptly. Approved third-party costs are non-refundable once incurred or committed and are not subject to the refund policy in Section 15.
All fees are non-refundable except as expressly stated below or as required by non-waivable law:
Nothing in this section limits rights that cannot legally be waived under applicable law.
Unless otherwise stated in writing, services are provided on a month-to-month basis. Either party may cancel a month-to-month arrangement by giving at least 30 days’ prior written notice. Client cancellation notices must be sent to [email protected]. Cancellation applies prospectively only and does not reverse valid charges already incurred or entitle the client to any refund of prepaid amounts. If notice is received fewer than 5 business days before the next scheduled recurring charge, cancellation takes effect after the next billing cycle. Nirvani may cancel any month-to-month service for convenience on 30 days’ prior written notice. Nirvani may provide cancellation confirmation electronically.
You agree to contact Nirvani first at [email protected] to resolve any billing concern before initiating a chargeback, retrieval request, bank dispute, or payment reversal. You must submit any billing dispute within 30 days of the original invoice or charge date; disputes not raised within that period are waived. You acknowledge that charges authorized under an applicable agreement, order, proposal, invoice, or checkout flow are charges for Nirvani’s own services.
If you initiate a chargeback or payment dispute inconsistent with your authorization or these Terms, Nirvani may provide relevant documentation to the payment processor, acquiring bank, gateway, card network, or financial institution responding to the dispute, including agreements, service orders, invoices, receipts, communications, approvals, access logs, session records, and cancellation history. Improper chargebacks are a material breach of these Terms, and you agree to reimburse Nirvani for all disputed amounts, chargeback fees, processor penalties, reasonable attorneys’ fees, and collection costs. Nirvani reserves the right to report improper chargebacks to consumer reporting agencies and industry fraud databases to the extent permitted by law.
Nirvani sells and bills only for its own contracted services. Nirvani does not accept, hold, transmit, settle, pool, disburse, or process funds on behalf of clients, client customers, vendors, or other third parties unless expressly stated in a separate written agreement.
Nirvani may suspend or terminate all or part of the services, immediately and without liability or refund, if:
Suspension does not waive our right to collect amounts owed. On termination for any reason, you remain obligated to pay all accrued fees, minimum commitments, and expenses through the effective termination date, and any prepaid amounts are forfeited unless expressly stated otherwise in writing. Nirvani will provide at least 30 days following the effective termination date for the client to request export of Client Data in a commercially standard format, after which Nirvani may delete or disable access to all Client Data without further notice or liability.
All pre-existing and developed materials, templates, methods, workflows, scripts, systems, documentation, dashboards, prompts, system instructions, automations, frameworks, forms, designs, code, processes, models, model weights, embeddings, training data, and know-how owned, developed, or used by Nirvani remain the exclusive property of Nirvani or its licensors. Nothing in these Terms transfers ownership of any Nirvani intellectual property to the client. Upon full payment of all undisputed amounts due, and unless otherwise stated in writing, you receive a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use final deliverables prepared specifically for your internal business use, subject to continued compliance with these Terms.
The following are claimed marks, names, and designations of Nirvani, protectable as common-law trademarks of Nirvani whether or not accompanied by a symbol, and may not be reproduced, imitated, or used without prior written consent:
All other marks, names, and designations referenced on the website or platform are the property of their respective owners. Use of the ™ symbol is illustrative and the absence of a symbol does not waive any claim.
As between the parties, you retain ownership of the data you or your customers input into the platform ("Client Data"). You grant Nirvani a worldwide, royalty-free, fully paid-up, sublicensable license to host, store, process, transmit, display, back up, and otherwise use Client Data as necessary to provide, secure, support, improve, and develop the services, to comply with law, and to enforce these Terms. For Client Data that constitutes personal information of your end customers or contacts, you act as the controller (or “business” under the CCPA/CPRA), and Nirvani acts as the processor or service provider, consistent with our Privacy Policy and any data processing agreement in place.
If you provide suggestions, ideas, enhancement requests, comments, reviews, or other feedback regarding the services, Nirvani may use such feedback without restriction or obligation of any kind, and you hereby grant Nirvani a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable license to use, reproduce, modify, distribute, and commercialize such feedback and any works derived from it.
Unless you opt out in writing, Nirvani may identify you as a client and use your name, logo, trademarks, and general description of the engagement in customer lists, case studies, website content, pitch materials, investor materials, and marketing collateral. This license is royalty-free and does not require additional consent for each use.
Each party agrees to protect the other party’s non-public business, commercial, financial, and operational information ("Confidential Information") using reasonable care and to use such information only as necessary for performance, compliance, billing, support, and internal operations. Nirvani’s platform, pricing, methods, prompts, system instructions, model configurations, and technical architecture are Confidential Information of Nirvani.
Confidentiality obligations do not apply to information that becomes public through no breach, was already lawfully known, is independently developed without use of the other party’s Confidential Information, or must be disclosed by law, subpoena, court order, regulator, or processor requirement where legally permitted. Breach of this section by the client entitles Nirvani to seek immediate injunctive relief in addition to all other remedies.
A data processing addendum is available upon request to [email protected] for clients subject to applicable data protection laws.
For a period of twenty-four (24) months following the end of the client’s most recent engagement with Nirvani, the client agrees not to, directly or indirectly, solicit for employment, engagement, or independent contract, or otherwise induce to leave or reduce their relationship with Nirvani, any principal, officer, employee, contractor, or core-team member of Nirvani with whom the client became acquainted through the engagement. Ordinary-course, public-audience recruiting that is not directed specifically at such persons is not prohibited by this Section.
Nirvani’s platform and services may be delivered, referred, co-sold, implemented, integrated, or augmented through a network of business relationships that are not public and that are made known to the client only in connection with a prospective or actual engagement with Nirvani (each, a “Nirvani Relationship”). “Nirvani Relationship” includes, without limitation:
For a period of twenty-four (24) months after a Nirvani Relationship is introduced to, engaged on behalf of, or made known to the client by or through Nirvani, the client agrees not to, directly or indirectly, and not to cause any affiliate, employee, agent, or representative to:
Nothing in this Section restricts interactions the client can demonstrate were established independently, from public sources, and without reliance on information received through Nirvani. If a direct relationship nevertheless materializes during the restricted period in connection with a Nirvani introduction, the parties will negotiate in good faith a reasonable recognition of Nirvani’s role consistent with industry custom for referral, introduction, reseller, and partnership fees.
Nirvani operates, and may from time to time modify, a formal reseller, affiliate, and partner program (the “Nirvani Partner Program”). Participation in the Nirvani Partner Program is governed by a separate written agreement executed between Nirvani and the partner. Nothing in these Terms authorizes a client, user, or third party to resell, sub-license, white-label, co-brand, or redistribute the platform or services absent a signed partner agreement. The existence, terms, commissions, margin structures, overrides, commercial economics, and identities of Nirvani’s partners are Confidential Information of Nirvani.
Where a client is introduced to, sold, onboarded, or supported through a Nirvani partner, reseller, affiliate, or referrer, the commercial terms of that engagement may be documented between the client and the partner, between the client and Nirvani, or both. In all cases, the client’s access to and use of the platform remain governed by these Terms and by the applicable commercial documentation. The client agrees not to take any action, including renegotiating directly with Nirvani, renegotiating directly with the partner, re-routing the engagement, terminating and re-signing, or otherwise restructuring the relationship, for the purpose of reducing, avoiding, or eliminating the fees, commissions, margin, or overrides otherwise payable to any Nirvani partner or to Nirvani during the restricted period.
All fees, commissions, margin, overrides, referral fees, introduction fees, and performance-based compensation that would have been payable to Nirvani or to a Nirvani partner under a prospective or actual engagement are preserved regardless of the route through which the commercial relationship ultimately materializes during the restricted period, and the client remains liable to Nirvani for such amounts on a quantum-meruit basis in the event of a circumvention. This obligation is in addition to, and does not limit, Nirvani’s right to injunctive relief under Section 30.
Business outcomes are affected by factors outside our control, including market conditions, offer quality, competition, budget, staffing, response speed, sales execution, seasonality, platform rules, carrier filtering, and your internal operations. Nirvani does not guarantee any specific number of leads, calls, appointments, reviews, revenue, return on spend, rankings, placements, conversions, or other commercial results. Our obligation is to provide the contracted services in a commercially reasonable and professional manner. Any projections, forecasts, or examples shown are illustrative only and are not a commitment or warranty.
EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, THE WEBSITE, PLATFORM, SERVICES, AI OUTPUTS, CONTENT, COMMUNICATIONS, DELIVERABLES, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, UNINTERRUPTED AVAILABILITY, AND ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, SECURE, VIRUS-FREE, UNINTERRUPTED, OR WILL ACHIEVE ANY SPECIFIC COMMERCIAL RESULT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY NIRVANI CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NIRVANI DOES NOT WARRANT COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, SECTION 508, OR WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) FOR ANY WEBSITE, LANDING PAGE, FORM, WIDGET, OR DIGITAL ASSET CREATED, HOSTED, OR MANAGED THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI AND ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST GOODWILL, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRVANI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO NIRVANI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND SURVIVE TERMINATION.
The liability cap in this Section 25 does NOT apply to, and the client’s liability is unlimited for: (a) the client’s indemnification obligations under Section 26; (b) the client’s payment obligations; (c) breaches of Section 20 (Intellectual Property), Section 21 (Confidentiality), or Section 22 (Non-Circumvention) by the client; (d) the client’s willful misconduct, fraud, or gross negligence; and (e) any third-party intellectual property infringement arising from Client Data or the client’s use of the services. The cap continues to apply to all liability of Nirvani in every case, without exception.
Any claim arising out of or related to these Terms or the services must be filed within one (1) year after the cause of action arises, or be forever barred, except where a longer period is required by non-waivable law.
The parties agree that the disclaimers and limitations in Sections 24 and 25 are an essential basis of the bargain and will apply even if any limited remedy fails of its essential purpose.
You agree to defend, indemnify, and hold harmless Nirvani Company and its owners, managers, officers, directors, employees, contractors, affiliates, licensors, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, liabilities, damages, settlements, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and investigation costs) arising out of or related to:
Nirvani may, at its option, control the defense and settlement of any claim for which indemnification is sought, and you agree to cooperate reasonably at your expense. You may not settle any claim without Nirvani’s prior written consent.
Neither party will be liable for delays or failures caused by events beyond its reasonable control, including internet outages, utility interruptions, cyber incidents, cloud provider failures, telecom failures, carrier filtering, labor disputes, government action, natural disasters, pandemics, or failures of third-party platforms or service providers. The client’s payment obligations are not excused by force majeure.
You may not assign, delegate, or transfer these Terms or any related agreement, in whole or in part, by operation of law or otherwise, without Nirvani’s prior written consent. Any attempted assignment in violation of this section is void. Nirvani may freely assign these Terms or any related agreement to an affiliate or to any successor in connection with a merger, acquisition, restructuring, financing, sale of assets, or reorganization, without client consent.
You represent and warrant that: (i) you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and you are not listed on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals and Blocked Persons List); (ii) you are not acting on behalf of any such person or entity; (iii) your access to the services does not violate applicable export-control, sanctions, anti-money-laundering, anti-bribery, or anti-corruption laws; and (iv) the source of any funds proposed in connection with an engagement is lawful. You agree to comply with all applicable U.S. and international export, re-export, sanctions, and anti-money-laundering laws. Nirvani may refuse or terminate service to any person or entity to comply with such laws or with its internal policies.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND NIRVANI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF.
Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the services (a "Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except as expressly provided below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Location and Procedure. Arbitration will be conducted in Maricopa County, Arizona, or remotely at the arbitrator’s discretion. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Injunctive Relief Carve-Out. Notwithstanding the agreement to arbitrate, Nirvani may seek immediate injunctive, equitable, or other provisional relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, trade secrets, data, systems, or to enforce Sections 6, 20, 21, and 22. The pursuit of such relief does not waive Nirvani’s right to arbitration of any other Dispute.
Class Action Waiver. YOU AND NIRVANI EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS.
Jury Trial Waiver. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND NIRVANI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Opt-Out. You may opt out of this Section 30 by sending written notice to [email protected] within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
Severability. If the class action waiver is found unenforceable in a particular case, the Dispute will proceed in court under Section 31, not in arbitration, but the remainder of this Section 30 will remain in full force and effect.
Attorneys’ Fees. In any arbitration or litigation arising under these Terms, Nirvani is entitled to recover its reasonable attorneys’ fees, expert fees, and costs if it is the prevailing party, to the maximum extent permitted by law.
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Subject to Section 30, any Dispute not subject to arbitration, and any action to enforce or confirm an arbitration award, will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
If you believe content accessible through the services infringes your copyright, send a written notice to [email protected] that includes the information required by 17 U.S.C. § 512(c)(3):
Nirvani will respond consistent with the Digital Millennium Copyright Act. Repeat infringers may have their accounts terminated without refund. Misrepresentations in a notice may subject the sender to liability under 17 U.S.C. § 512(f).
You consent to transact with Nirvani electronically. Agreements, notices, disclosures, invoices, receipts, approvals, service notices, billing notices, and related communications may be provided electronically. Electronic signatures, records, acceptances, and automated electronic transactions have the same force and effect as physical signatures and paper records to the extent permitted by law.
Notices to Nirvani must be sent to the appropriate email address below and are deemed received when actually delivered to the applicable Nirvani inbox:
Physical notices may also be sent to Nirvani Company, 16220 N Scottsdale Rd, Suite 300, Scottsdale, AZ 85254. Notices to you may be sent to the email on file for your account and are deemed received on the day sent.
Sections 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19.1, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, and 40 survive any expiration or termination of these Terms for any reason.
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent. Failure to enforce any provision is not a waiver of that or any other provision. Headings are for convenience only. The terms "including" and "includes" mean "including without limitation." Any ambiguity will not be construed against the drafter.
These Terms are for the sole benefit of you and Nirvani and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, agency, or fiduciary relationship.
Nirvani may update these Terms at any time and in its sole discretion. The updated version will be posted on our website. Continued use of the website or services after updated Terms are posted constitutes acceptance of the revised Terms, except where separate written acceptance is required. It is your responsibility to review these Terms periodically.
These Terms, together with the Privacy Policy and any signed service order, proposal, invoice approval, onboarding document, or other written commercial document incorporated by reference, form the entire agreement between you and Nirvani regarding the subject matter addressed here and supersede all prior or contemporaneous understandings, communications, and representations, whether oral or written.