Terms of Service

Last updated: October 4, 2024

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of an other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict.

Eligibility

You must be 18 years of age or older in order to use the Services, including to register for an account, use the Website or submit reviews or other User Content.

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Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the naildy.booker.plus website (the "Service") operated by Naildy ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you are not willing to abide by any part of the terms then you may not access the Service.

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Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

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Links To Other Web Sites

Naildy website may contain links to external websites that are not provided or maintained by or in any way affiliated with
Please note that the Naildy does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Naildy.
Naildy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Naildy 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 such content, goods or services, available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever,including without limitation, if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation-
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate your clusters or instances if you attempt to access or tamper with any software we pre-load on the underlying instances, including the operating system software, any container orchestration software.

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Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We offer no refunds except where required by law.

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Changes

We reserve the right, at our sole discretion, to modify the product or the product fees at any time, without prior notice to you.
Before using Naildy services read this terms of use (“terms”) carefully. it is a legal contract governing your use of Naildy website and services, including upgrades thereto and materials made available therein.
We reserve the right, at our sole discretion, to refuse or cancel certain orders, without prior notice to you.
Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right, at our sole discretion, to change or otherwise modify or replace these Terms at any time, without prior notice to you, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
If you have any questions about these Terms, please contact us.

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Feedback

You may provide Naildy with bug reports, suggestions or other feedback related to the Service (collectively, “Feedback”). By submitting any such feedback, you hereby assign to Naildy all right, title and interest in and to such feedback together with all intellectual property rights therein.

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Marketing

Naildy may use your company name and logo to identify you as a customer on the Site, on publicly available customer lists, and in media releases during the term of the Agreement.

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Restrictions and Responsibilities

Our content and trademarks are our exclusive property.
You will not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services, or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
You are solely responsible for the procurement and for the configuration, operation, performance and security of any hardware or software that you use in connection with our service, including any compatible authentication devices. You are responsible for configuring your backups retention periods and restore capabilities to enable recovery of data from your backups in the event of a hardware or file system failure. With respect to any contracts, documentation, forms, funding agreements, or any other material obtained through, exported, or created for you by the Site or Service (the “Materials”), we hereby grant you a non-exclusive, non-transferable, non-sublicensable license to use such Materials only in connection with the Services.
You represent, covenant, and warrant that you will use the Services only in compliance with our published policies, then in effect (the “Policy”) and all applicable laws and regulations.
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing, or otherwise from your use of the Materials or Services.

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Payment of Fees

Please refer to the addendum at the bottom of the terms for more details on our payment system.

By purchasing a Sponsorship or any other services we offer for a fee, you agree to the following terms:

• You will pay all applicable fees as set forth at the time of purchase when they become due.
• You are responsible for all related taxes.
• You will reimburse us for all collection costs and interest for any overdue amounts.

Subscription Payments

By purchasing a subscription, you expressly agree that:

• We or our payment agents are authorized to charge you a recurring subscription fee on a monthly basis as set forth in the Invoice.
• We may charge you for any other fees you incur in connection with your use of the Services, including applicable taxes.
• The subscription fee will be billed at the beginning of your subscription and each month thereafter, unless and until you cancel your subscription or your payment method fails or expires.
• If you do not cancel any subscriptions, you authorize us to continue billing you and you remain responsible for any uncollected amounts.

Payment Terms

• For subscriptions or purchases made on the Site, payment is due on the terms applicable to that subscription or purchase as displayed at the point of purchase.
• For purchases invoiced by Stackboard, payment is due on the invoice date.

Late Payments and Service Termination

Please note the following regarding late payments and service termination:

• Failure to pay in a timely manner may result in the termination of your subscription and/or application of late payment fees.
• Late payment fees of up to £50 may be applied on invoices 30 days past due.
• Unpaid amounts may result in termination of Service.
• Stackboard reserves the right to restrict, suspend, or terminate your access to the Services or subscription at any time without prior notification or liability, with or without cause, including (without limitation) due to:
  1. Your breach of the Terms
  2. Failure to pay applicable fees

Taxes

You will be responsible for all taxes associated with your use of Services that are attributable or due by you.

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Warranty and Disclaimer

We will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and will perform the Implementation Services in a professional and workmanlike manner.
Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice by e-mail of any scheduled service disruption.
However, we do not warrant that the Services will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Services.
Except as expressly set forth in this section, the services and implementation services are provided “as is” and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

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Indemnity

We will hold you harmless from liability to third parties resulting from infringement by the Service of any UK patent or any copyright or misappropriation of any trade secret, provided we are promptly notified of any and all threats,claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; We will not be responsible for any settlement it does not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service
(i) not supplied by us
(ii) made in whole or in part in accordance with your specifications
(iii) that are modified after delivery by us
(iv) combined with other products, processes or materials where the alleged infringement relates to such combination
(v) where we continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
(vi) where your use of the Service is not strictly in accordance with these Terms.
If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by us to be infringing, we may, at our option and expense
(a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality
(b)obtain for you a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate our agreement under these Terms and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.

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Limitation of Liability

Notwithstanding anything to the contrary, except for bodily injury of a person, we and our officers, affiliates,representatives, contractors and employees will not be held responsible or liable with respect to any subject matter of these terms related thereto under any contract, negligence, strict liability or other theory:
(A) for error
or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business;
(B) for any indirect, exemplary, incidental, special or consequential damages;
(C) for any matter beyond our reasonable control; or
(D) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the services under these terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.

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Miscellaneous

If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our agreement under these Terms is not assignable, transferable or sublicensable by you, except with our prior written consent.
We may transfer and assign any of our rights and obligations under these Terms without consent.
Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing and signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.

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All notices under these Terms will be in writing and will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.