End User Licence Agreement

Last updated [pending: set when C4 review lands] · customised template, see the review banner below

This is a customised template, drafted against our own decision record (ADR-0013), self-reviewed against the shipping product, then re-read a second time against an India-specific lawyer-review checklist. It has not yet been skimmed by an actual, licensed lawyer. Treat it as a strong draft, not final terms.

This is a licence agreement between you (“you”) and the.colossalmonk, the maker of Nudge (“we”, “us”, “Nudge”), for the Nudge desktop application for Windows. By installing or running Nudge, you agree to this agreement. If you do not agree, do not install or run Nudge, and request a refund under the refund policy if you already paid. You must be at least 18, or the age of majority where you live, to accept this agreement. Nudge isn’t directed at children and doesn’t knowingly licence to minors.

1. What you’re buying

A one-time, perpetual licence to install and run Nudge, not a subscription and not a rental. One paid licence key covers 1 seat (one device you personally use), consistent with the licence terms shown at checkout. It is not a per-organisation or redistributable licence: don’t share your key with anyone else. The price shown at checkout may have applicable taxes (GST, VAT, sales tax) added depending on where you’re buying from. The total charged at checkout is what you owe, not the headline price shown on the pricing page.

2. What you can do

3. What you can’t do

4. Updates

Nudge may offer updates. Updates are optional, never forced, and this agreement applies to every version you install.

5. No warranty

Nudge is provided “as is,” without warranty of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement. We do not warrant that Nudge will be error-free or uninterrupted. Some jurisdictions don’t allow the exclusion of certain warranties, in which case only the warranties required by law apply.

6. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of Nudge. Our total liability for any claim is capped at the amount you paid for your licence.

7. Your consumer rights aren’t limited by this

Nothing in this agreement excludes or limits any right you have under the Consumer Protection Act, 2019 (India), or any other consumer-protection law that applies to you and that can’t be excluded by contract. If any part of Sections 5 or 6 would otherwise conflict with such a right, that part doesn’t apply to the extent of the conflict, and the rest of this agreement stays in effect.

8. Termination

This licence ends automatically if you materially breach it (for example, redistributing your key). On termination you must stop using Nudge and delete your copies. Sections 3, 5, 6, 7, and 12 survive termination.

9. Entire agreement

This agreement, together with the refund policy and the privacy policy, is the whole agreement between you and us about Nudge, and replaces any earlier discussion or representation about it (including anything said in marketing copy, which is not part of this contract).

10. Severability

If any part of this agreement turns out to be unenforceable, the rest of it still stands. The unenforceable part is read down to the narrowest change that makes it enforceable, or removed if it can’t be.

11. Governing law

This agreement is governed by the laws of India, without regard to conflict-of-laws rules. Consumer disputes go to the Consumer Forums, not a private court chosen by this clause. The Supreme Court of India has held that a contract can’t override a consumer’s right to bring a dispute before a Consumer Forum under the Consumer Protection Act, 2019 (M. Hemalatha Devi and Others v. B. Udayasri, 2023 INSC 870), and this agreement doesn’t try to. For any other dispute (one that isn’t a “consumer dispute” under that Act, or that you choose not to bring before a Consumer Forum), the courts at [city/state: the founder’s specific registered jurisdiction; fill in before this is treated as final], India have exclusive jurisdiction.

12. Changes to this agreement

We may update this agreement for future versions of Nudge. The version that applies to you is the one current when you installed the version you’re running. The “last updated” date above is the record of when it last changed.

13. Contact

Questions about this agreement: hello@nudgelauncher.com.

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