Terms of Service

Last updated: September 10, 2025

Introduction

Welcome to Notenugget ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website located at https://notenugget.com and our automated email follow-up services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using Notenugget, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

2. Service Description

Notenugget provides automated email follow-up services designed to help users manage and track out-of-office (OOO) responses. Our Service includes, but is not limited to:

Core Features

  • Automated detection and processing of out-of-office email messages
  • Intelligent parsing of OOO return dates and contact information
  • Automated scheduling of follow-up reminders and calendar events
  • Generation of personalized follow-up email drafts
  • Integration with popular email platforms and calendar systems
  • Analytics and reporting on follow-up activities

Service Limitations

While we strive to provide reliable service, we do not guarantee:

  • 100% accuracy in OOO message detection or date parsing
  • Compatibility with all email systems or configurations
  • Uninterrupted or error-free service operation
  • That the Service will meet your specific business requirements

3. User Account and Responsibilities

Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

User Obligations

You agree to:

  • Provide accurate, truthful, and complete account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized use of your account
  • Use the Service only for lawful purposes and in accordance with these Terms
  • Comply with all applicable local, state, national, and international laws and regulations
  • Respect the privacy rights and consent requirements of email recipients
  • Not interfere with or disrupt the Service or servers or networks connected to the Service
  • Not attempt to gain unauthorized access to any portion of the Service

Prohibited Uses

You may not use the Service to:

  • Send spam, unsolicited communications, or bulk messaging
  • Harvest email addresses or other personal information without consent
  • Impersonate any person or entity or falsely state or misrepresent your affiliation
  • Transmit any harmful, threatening, abusive, defamatory, or otherwise objectionable content
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Use automated means to access the Service without our express written permission

4. Subscription Plans and Payment Terms

Subscription Fees

Our Service is offered through various subscription plans with different features and usage limits. Subscription fees are billed in advance on a monthly or annual basis, as selected during signup. All fees are stated in U.S. dollars unless otherwise specified.

Payment Processing

  • Payment is due immediately upon subscription activation
  • We use third-party payment processors for secure payment handling
  • You authorize us to charge your chosen payment method for all applicable fees
  • Failed payments may result in immediate service suspension
  • You are responsible for any applicable taxes, duties, or government charges

Price Changes and Refunds

  • We reserve the right to modify subscription prices with 30 days advance notice
  • Price changes will not affect your current billing cycle
  • All payments are generally non-refundable, except as required by applicable law
  • We may offer refunds at our sole discretion for extenuating circumstances

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period, and you will retain access to the Service until that time. No refunds will be provided for partial subscription periods.

5. Data and Privacy

Data Processing

Our Service requires access to your email data to function properly. By using our Service, you grant us permission to access, process, and analyze your email content solely for the purpose of providing our automated follow-up services. We implement industry-standard security measures to protect your data.

Data Retention and Deletion

We retain your data only as long as necessary to provide our services and comply with legal obligations. You may request deletion of your data at any time, subject to our data retention policies outlined in our Privacy Policy.

For complete information about how we collect, use, and protect your data, please review our Privacy Policy at https://notenugget.com/privacy-policy.

6. Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Notenugget and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

Your Content

You retain ownership of any content you provide to the Service, including email data and personal information. However, by using our Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and analyze your content solely to provide our services.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you. You agree that we may implement such feedback or suggestions without any obligation to you.

7. Service Availability and Modifications

Service Availability

While we strive to provide reliable service, we do not guarantee that the Service will be available at all times. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

Maintenance and Updates

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may also impose usage limits or restrict access to parts of the Service without notice or liability.

We regularly update and improve our Service. These updates may include new features, bug fixes, security enhancements, or changes to existing functionality. Some updates may be applied automatically.

8. Disclaimers and Limitation of Liability

Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOTENUGGET, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
  • ANY DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT

Damage Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Notenugget, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you provide through the Service.

10. Termination

Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Upon termination, your right to access and use the Service will cease immediately.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Prolonged inactivity
  • Behavior that is harmful to other users or our business

Effect of Termination

Upon termination, all rights and licenses granted to you will cease, and you must stop using the Service. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, we encourage you to contact us directly to seek a resolution. Many disputes can be resolved quickly and efficiently through direct communication.

Binding Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you consent to the jurisdiction of such courts.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Support: support@intake44.com

We strive to respond to all inquiries within 2 business days. For urgent matters, please indicate the urgency in your message subject line.