These terms are an agreement between Nurples Network LLC, a Mississippi limited liability company ("we", "us"), and the business that subscribes to Nurples Platform (the "Customer", "you"). They also cover anyone using the nurples.com website. By signing an order form or quote that refers to these terms, or by using the Platform, you agree to them. If you accept on behalf of a business, you confirm you are authorized to bind it.
1. The service
Nurples Platform (the "Platform") is cloud software for running a golf course, restaurant, bar, retail shop or similar business. Depending on the plan in your order form, it includes features such as a tee sheet and online booking, point of sale, inventory, gift cards, memberships and recurring billing, restaurant tools, events and ticketing, tournaments, website hosting, email marketing, and staff time and scheduling tools. Your order form or quote lists the price and anything specific to your account. If an order form conflicts with these terms, the order form controls.
2. Accounts and users
- You decide who on your staff gets access and what each person can do. You are responsible for everything done under your account.
- Keep passwords and point-of-sale PINs private, and remove access promptly when someone leaves.
- Tell us right away at support@nurples.com if you suspect unauthorized access.
3. Fees and billing
- Subscription fees are billed monthly in advance, in U.S. dollars, at the price in your order form, unless the order form says otherwise.
- Fees do not include sales or similar taxes. Where we are required to collect tax, we add it to the invoice.
- Invoices are due within 15 days. If an invoice is more than 30 days past due, we may suspend access after giving you at least 10 days' written notice. Your data is not deleted during a suspension.
- Card processing fees are charged by your payment processor under your agreement with them, not by us. See section 6.
- Outside of a locked founding price (section 5), we may change subscription prices with at least 60 days' written notice. A change takes effect at your next billing period after the notice period ends.
4. Cancellation and refunds
- Unless your order form sets a longer term, your subscription runs month to month and renews automatically. You can cancel at any time by emailing support@nurples.com. Cancellation takes effect at the end of the current paid month, and you keep full access until then.
- Subscription fees already paid are not refunded for a partial month, except where required by law or where we end the service for reasons other than your breach. In that case we refund the unused portion of any prepaid fees.
- If you believe you were billed in error, tell us within 60 days of the invoice. We will review it and refund or credit any amount billed by mistake.
- Refunds to your customers (for example, a refunded tee time or a returned shirt) are handled by you through the Platform and your payment processor, under your own refund policy.
5. Early access and founding pricing
While the Platform is in early access, new features are added often and some features may change. We decide when early access ends, and the end of early access does not change any founding price already granted. If you join as a founding customer, your monthly price for the plan in your order form stays the same for as long as your subscription continues without a break, including after early access ends. If you cancel or your account is closed for nonpayment and you later return, current pricing applies. A founding price covers the features included in your plan. If we later offer a separate, optional product, it may be priced separately, but we will not remove a feature from your plan in order to charge for it.
6. Payment processing
The Platform connects to payment processors such as Helcim, Square and Stripe. We are not a payment processor, payment facilitator or money transmitter, and we never receive or hold your customers' payments. You open your own merchant account with the processor you choose, under that processor's terms. Card payments go from your customer, through your processor, to your bank account. Your processor is responsible for authorizing, settling and refunding transactions, and for chargebacks. Card numbers are entered directly into the processor's secure fields or terminals and are not stored on our servers. We are not responsible for a processor's decisions, fees, outages, holds or account terms.
7. Your data
- You own your data. This includes information about your customers, members, staff, sales and inventory that you or your customers enter into the Platform ("Customer Data").
- You give us permission to host, process and back up Customer Data only to provide, secure and support the Platform for you, and as described in our Privacy Policy. We do not sell Customer Data or use it to market to your customers.
- We may use anonymous, aggregated statistics about how the Platform is used (for example, how many tee times are booked online) to improve the Platform, as long as they do not identify you or any individual.
- You can export your Customer Data at any time while subscribed, and for 30 days after your subscription ends. After that period we delete it as described in the Privacy Policy.
8. Your responsibilities
You are responsible for how you run your business with the Platform, including:
- Having the right to collect and use the personal information you enter, and giving your customers any notices or obtaining any consents the law requires, including consent for marketing emails and text messages.
- Setting up your prices, taxes, fees and tax rates correctly, and filing and paying your own taxes.
- Following the laws and rules that apply to your business, including alcohol service, gift card and stored-value laws, membership and automatic-renewal laws, ticket sales, and the rules of any contest, raffle or tournament prize you offer.
- Following your payment processor's terms and the card network rules.
- Checking the accuracy of reports before relying on them for accounting, payroll or tax filings.
9. Acceptable use
You may not use the Platform to:
- Break any law or anyone's rights, or sell anything your payment processor prohibits.
- Run gambling, lotteries or games of chance where the law or your processor does not allow them.
- Send spam or messages to people who have not agreed to receive them.
- Upload malware, probe or attack the Platform, try to access another customer's data, or get around security or usage limits.
- Copy, resell, sublicense or reverse engineer the Platform, or use it to build a competing product.
We may suspend access that threatens the security or stability of the Platform or breaks this section. Where we reasonably can, we will tell you first and give you a chance to fix it.
10. Our software
We own the Platform, including its software, design and documentation. Your subscription gives you a non-exclusive, non-transferable right to use it for your business during your subscription. If you send us suggestions, we may use them without obligation to you.
11. Third-party services
Some features work with services run by others, such as payment processors, the USGA GHIN handicap service, online tee time channels, email delivery services and delivery apps. Your use of those services is governed by their terms. We are not responsible for them, and if a provider changes or ends its service, the related feature may change or stop working.
12. Availability and support
- We work to keep the Platform available around the clock and to schedule maintenance outside normal business hours when we can, but we do not guarantee uninterrupted service unless an order form says otherwise.
- We back up Customer Data regularly.
- Support is provided by email at support@nurples.com and by any other channel listed in your order form.
13. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for this agreement. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed. Either of us may disclose information when the law requires it, after giving notice where allowed.
14. Disclaimer of warranties
We will provide the Platform with reasonable skill and care. Apart from that, and to the extent the law allows, the Platform is provided "as is" and "as available", and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise the Platform will be error-free or uninterrupted.
15. Limitation of liability
To the extent the law allows:
- Neither of us is liable to the other for lost profits, lost revenue, lost data that could have been restored from a backup, or any indirect, incidental, special or consequential damages, even if warned they were possible.
- Each party's total liability arising out of or relating to these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- These limits do not apply to your obligation to pay fees, to either party's indemnification obligations, or to liability for fraud or willful misconduct.
16. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Data, your business operations, or your breach of sections 8 or 9. We will defend and indemnify you against third-party claims that the Platform, as we provide it, infringes a United States patent, copyright or trademark. The party seeking protection must give prompt notice of the claim and reasonable cooperation, and must let the other party control the defense.
17. Governing law
These terms are governed by the laws of the State of Mississippi, without regard to its conflict-of-law rules.
- Try to resolve it first. Before filing a claim, each party agrees to try to resolve the dispute informally for at least 30 days after giving the other written notice describing it.
- Where disputes are heard. Any dispute that is not resolved informally will be brought in the state or federal courts serving Jackson County, Mississippi, and both parties consent to those courts. Either party may instead bring a claim in small claims court, including in the county where the Customer is located, if the claim qualifies there.
- No jury trial. To the extent the law allows, each party waives its right to a jury trial in any dispute arising out of or relating to these terms or the Platform.
- Individual claims only. To the extent the law allows, each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.
18. Using this website
You may browse nurples.com for information about our services. Do not misuse the contact form or try to disrupt the site. Website content is provided for general information and may change without notice.
19. Changes to these terms
We may update these terms as the Platform grows, and we will post each new version here with a new effective date.
- Minor changes take effect when posted. These are changes that do not reduce your rights or add to your obligations, such as clarifications, corrections, descriptions of new features, or updates required by law.
- Material changes are changes that reduce your rights, add to your obligations or increase your fees. We will email you at least 30 days before a material change takes effect.
- If you do not agree to a material change, you may cancel before it takes effect. If you ask us in writing within 30 days after your cancellation, we will refund any fees you prepaid for the period after your cancellation takes effect.
- Continuing to use the Platform after a change takes effect means you accept the updated terms.
20. General
- Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of the business, with notice.
- Neither party is liable for delays caused by events beyond its reasonable control, such as storms, power or internet outages, or provider failures.
- If any part of these terms is found unenforceable, the rest stays in effect. A failure to enforce a term is not a waiver.
- Sections that by their nature should survive the end of the agreement, including sections 7, 10 and 13 through 17, survive.
- Notices to us go to support@nurples.com. Notices to you go to the email address on your account.
Nurples Network LLC
Gautier, Mississippi
support@nurples.com