NIMBUS PAGES — TERMS OF SERVICE

1. DEFINITIONS

Key terms used throughout these Terms: "Account" means your registered user account. "Aggregated Data" means statistical information derived from User Content that is aggregated and de-identified, not traceable to any individual, household, or Account, reported only at or above the Minimum Reporting Area. "Connection" means another User with whom you have established a mutual connection. "Linked Account" means a third-party account (e.g., Google Contacts, Microsoft Outlook) you authorize the Service to access for importing or syncing contact data. "Minimum Reporting Area" means a geographic area containing not fewer than five hundred (500) households, and no statistic shall be reported for any area or group small enough to permit identification of any individual or household. "Personal Information" means information that identifies or could reasonably be linked with a particular individual, including names, addresses, telephone numbers, email addresses, photographs, notes, and relationship data. "User Content" means all data, information, text, photographs, and other content you submit to or store in the Service. "Visibility Settings" means the field-level sharing controls by which you designate information visible to each relationship level.

2. THE SERVICE

2.1 The Service is a contact-management platform through which you maintain a personal contact card, assign relationship levels to contacts, and control on a field-by-field basis the information visible to each relationship level. Updates propagate to your Connections and Linked Accounts solely in accordance with your Visibility Settings. 2.2 The Company reserves the right to modify, enhance, suspend, or discontinue any feature of the Service at any time, subject to Section 11.

3. ELIGIBILITY; ACCOUNT REGISTRATION

3.1 You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract. 3.2 You agree to provide accurate, current, and complete information and to maintain the confidentiality of your login credentials. You are solely responsible for all activity under your Account. 3.3 You shall not create an Account on behalf of any person other than yourself without such person’s authorization.

4. COVENANT NOT TO SELL PERSONAL INFORMATION

4.1 This Section 4 constitutes a material contractual covenant of the Company and not merely a statement of policy. 4.2 The Company covenants that it shall not, at any time, sell, rent, lease, license, trade, or otherwise transfer for monetary or other valuable consideration, any Personal Information of any User or of any contact stored by any User, to any third party. 4.3 This covenant survives any merger, acquisition, sale of assets, reorganization, change of control, or bankruptcy. Any transferee or successor shall take the Service and all data subject to this covenant. 4.4 The Company shall not grant any advertiser, data purchaser, or other third party access to Personal Information for any purpose. 4.5 No amendment or modification of these Terms shall diminish or impair this covenant.

5. AGGREGATED DATA

5.1 In consideration of the Service being provided without charge, you acknowledge that the Company may create, use, and sell Aggregated Data. 5.2 Aggregated Data shall consist solely of statistical measures (counts, ranges, averages) and shall in no event contain Personal Information or any record traceable to any individual, household, or Account. 5.3 No Aggregated Data shall be reported below the Minimum Reporting Area. 5.4 You may elect to exclude your data from Aggregated Data as described in the Privacy Policy.

6. USER CONTENT; LICENSE; DATA CONTROL

6.1 As between you and the Company, you retain all right, title, and interest in and to your User Content. The Company claims no ownership interest therein. 6.2 You grant the Company a limited, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit your User Content solely as necessary to provide, maintain, secure, and improve the Service, in accordance with your Visibility Settings. 6.3 The Company may create de-identified and Aggregated Data from User Content as set forth in Section 5. 6.4 You may export or delete your User Content at any time, subject to Section 8.

7. THIRD-PARTY CONTACT INFORMATION

7.1 You represent and warrant that contact information you store has been obtained lawfully, that you have the right to store and use it, and that you have obtained any necessary consent required by applicable law. 7.2 You shall not upload, store, or use information concerning any person for the purpose of harassing, stalking, defrauding, or otherwise harming such person.

8. CONNECTIONS; RETAINED COPIES

8.1 Upon establishing a Connection, information you elect to share becomes available in accordance with your Visibility Settings then in effect. 8.2 If you subsequently delete information or restrict a Visibility Setting, the Service shall cease transmitting updates with respect to such information; however, a Connection may retain copies of information previously shared, in the same manner as a person may retain contact information once received. Retained copies are not re-transmitted through the Service.

9. RESTRICTIONS ON USE OF SERVICE DATA

9.1 You shall not: (a) sell, rent, lease, license, trade, or commercially exploit any data, contact information, search results, or recommendations obtained through the Service; (b) scrape, harvest, bulk-export, or systematically collect data concerning other Users or their contacts; (c) use the Service or data obtained therefrom to develop, train, or supplement any competing product, marketing list, lead-generation database, or data product; (d) use information obtained through the Service to transmit unsolicited commercial communications; or (e) access or interact with the Service by automated means except through documented interfaces. 9.2 Any violation shall constitute a material breach and grounds for immediate termination, without prejudice to any other remedy.

10. LINKED ACCOUNTS

10.1 By connecting a Linked Account, you authorize the Company to access, read, and write contact data within such account as necessary to provide import and synchronization features. Your use of any Linked Account remains subject to the applicable third-party terms. 10.2 You may disconnect a Linked Account at any time. Disconnection terminates future synchronization but does not delete data previously copied into the third-party service.

11. ACCEPTABLE USE; BETA STATUS

11.1 You shall not use the Service to violate any applicable law; infringe the rights of any person; impersonate any person; transmit malicious code; probe or disrupt the Company’s systems; or attempt to access any account or data without authorization. 11.2 The Service is under active development. Features may be modified, interrupted, or discontinued. You should maintain independent backups of critical contact information.

12. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT DATA SYNCHRONIZED TO OR FROM ANY LINKED ACCOUNT WILL BE ACCURATE, COMPLETE, TIMELY, OR UNINTERRUPTED.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL. THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

14. INDEMNIFICATION

You shall indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Service; (c) your User Content; or (d) your violation of any right of any third party, including rights pertaining to contact information you upload.

15. TERM; TERMINATION; SURVIVAL

15.1 These Terms commence upon your acceptance and continue until terminated. 15.2 You may terminate at any time by closing your Account. The Company may suspend or terminate upon your breach, and may do so immediately for breach of Section 9 or Section 11.1. 15.3 Sections 4, 5, 6.1, 8, 9, and 12 through 18, together with any provision that by its nature should survive, shall survive termination.

16. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. Except as provided below, any dispute arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in Colorado or, at your election, by remote proceeding. Either party may pursue an individual claim in small claims court. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration by emailing legal@nimbuspages.com within thirty (30) days of first accepting these Terms.

17. GOVERNING LAW; VENUE

These Terms shall be governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Colorado.

18. AMENDMENTS; GENERAL PROVISIONS

18.1 The Company may amend these Terms from time to time. Material amendments will be communicated before the effective date. Continued use after the effective date constitutes acceptance; provided, that no amendment shall diminish the covenant in Section 4. 18.2 These Terms, together with the Privacy Policy, constitute the entire agreement between the parties. 18.3 If any provision is held invalid, the remaining provisions shall remain in full force. 18.4 The Company’s failure to enforce any provision shall not constitute a waiver. 18.5 Notices to the Company: Nimbus Pages LLC, Attn: Legal, legal@nimbuspages.com.