Announcements and Press Releases

Announcements and Press Releases

  • NUTS Technologies Inc. Chosen to pitch at the AMERICA'S DATAHUB CONSORTIUM  
    NUTS Technologies Inc. Chosen to pitch at the AMERICA'S DATAHUB CONSORTIUM

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    Simplifying privacy for everyone, NUTS Technologies to announce their IoD™: Internet of Data™ technology.

    GLENCOE, ILL. (PRWEB) SEPTEMBER 21, 2022

    NUTS Technologies Inc., the creator of the Internet of Data™ was accepted to pitch at the AMERICA'S DATAHUB CONSORTIUM at the DEFENSE TECHCONNECT INNOVATION SUMMIT & EXPO on Tuesday September 27th, 2022, at the Gaylord National Resort & Convention Center, Washington DC.

    Accelerating Innovation For The Nation. The TECHCONNECT Innovation summit supports innovation imperatives in the National Defense Strategy (NDS) and uniquely reach thousands of public and private leaders focused on innovation and technology to support the warfighter. TechConnect is proud to host one of the most well-attended defense innovation conferences each year and to be one of the original innovation hubs to support the Department of Defense and its missions.

    Entering its tenth year, the annual Defense TechConnect Innovation Summit brings together defense, private industry, federal agency, and academic leadership to accelerate state-of-the-art technology solutions for the military and national security. This year’s key focus areas include but are not limited to: energy, climate, cyber, biodefense, space, advanced manufacturing, medical, and 5G.

    NUTS Technologies is on a mission to simplify data privacy and protection for everyone. During this Summit, NUTS will announce their Internet of Data™ framework bringing forth a new generation of data technologies aimed to help institutions and individuals better protect, manage, and share their data across any network having security features embedded into the lowest layers of the tech stack. In Q4, NUTS Tech will launch their first commercial software product offering for the Internet of Data™ called the NutManager.

    About NUTS Technologies

    Launched in December 2016, NUTS Technologies is on a mission to simplify data privacy and protection. The company has successfully raised seed capital and implemented their core Internet of Data™ framework comprising its Zero Trust Data and eNcrypted Userdata Transit and Storage (NUTS) components. The technology has been granted 10 patents covering 13 countries.

    Their NutManager product is a comprehensive data management platform designed to not only protect any type of file but to manage it throughout the data life cycle and across the Internet.

    The Internet of Data enables direct access to data across any network. IoD™ establishes a new abstraction layer for the way we can interact with data and the way data can interact with other data. IoD™ puts forth an environment where Operating Systems, File Systems and Networks are commoditized and your Data is prioritized. In the end, it’s all about the Data. To learn more, visit https://nutstechnologies.com.

    About TechConnect

    TechConnect (a division of ATI) and its affiliated sites: smartcitiesconnect.org, smartcitiesconnect.com, techconnect.org, techconnectventures.com, nsti.org (hereby referred to as TechConnect) offer websites, publications, events, webinars, membership portals and other services. We aim to provide users ("you") with relevant and useful information and communities regarding technology products, companies, and services. To learn more, visit https://techconnect.org/.
  • [ANNOUNCEMENT] NUTS Technologies receives patent from the Eurasian Patent Organization (EA040905B1)
    We are pleased to announce we have received a patent from the Eurasian Patent Organization (EA040905B1) for Russia, Belarus, Tajikistan, Kazakhstan, Azerbaijan, Kyrgyz, Armenia and Turkmenistan. Learn more: https://lnkd.in/g4TNgyFM #patents #datasecurity #privacy #privacyprotection

    https://eapo.org/ru/publications/publicat/viewpubl.php?id=40905%E2%80%A6
  • [ANNOUNCEMENT] AMERICA'S DATAHUB CONSORTIUM


    We are a finalist in the America's Datahub Consortium (ADC) Challenge and will pitch before representatives from government agencies, ADC representatives and members, and leading corporate partners for a chance to earn a share of $50,000 in non-dilutive prize money! Watch us live on September 27 at Defense TechConnect in Washington, DC.

    #washington#washingtondc#defense#military#privacy#privacyprotection#informationsecurity#infosec#zerotrustdata#americasdatahubconsortium
  • [PRESS RELEASE] NUTS Technologies Inc. Chosen for Newchip’s Seed-Stage Global Accelerator Program
    FOR IMMEDIATE RELEASE: 08/18/2022

    NUTS Technologies Inc. Chosen for Newchip’s Seed-Stage Global Accelerator Program

    Simplifying privacy for everyone with our Zero Trust Data framework, NUTS Technologies is among top applicants selected for Newchip’s exclusive accelerator

    Glencoe, Illinois, (August 18th, 2022)—NUTS Technologies Inc., a data management platform empowering individuals and small businesses to protect and control their own data, was accepted into Newchip’s renowned global accelerator program. Designed to provide all the skills and tools seed-stage founders need to rapidly fund, build and scale their companies, past accelerator cohorts averaged more than 17.5 times the average funding amount. The equity-free, fully digital accelerator has helped over 1,500 founders from more than 50 countries and 250 cities raise over $450 million in funding with an estimated portfolio of over $9 billion.

    ""Newchip evaluates a vast and diverse number of seed-stage companies from around the globe, selecting only a small percentage to be part of our Seed Accelerator program,” says Armando Vera Carvajal, Vice President of Product at Newchip. “This careful vetting process of both the business model and founder makes us an ideal partner for venture capital investors and other key stakeholders in early-stage startup financings who are looking for promising startups that are beginning to generate traction and revenue. Software-Infrastructure companies like NUTS Technologies can scale quickly with proper funding and guidance. We are excited for NUTS Technologies and believe they will be well positioned to take advantage of our fast-expanding global ecosystem at Newchip.”

    Launched in 2016, NUTS Technologies is on a mission to simplify data privacy and protection for everyone. Since launching the company, NUTS has successfully raised seed capital, built out their core Zero Trust Data framework and infrastructure, granted 10 patents covering 13 countries, and are preparing to launch this fall with their initial commercial software product.

    With the release of the President’s National Security Memorandum and the previous release of Executive Order (E.O) 14028 Improving the Nation’s Cybersecurity; the statements focus on the need to modernize our cyber defenses by working with private sector in cybersecurity, zero-trust architecture, and mitigation capabilities. NUTS Technologies is building upon this effort with their zero-trust data framework and to provide B2B, B2C, B2B2C mitigation capabilities that can be utilized from the individual to the Enterprise.

    “Being part of the Newchip Accelerator, we are looking forward to engaging with a wider investor base for further development and growth to help everyone protect themselves better in an easier way” says Yoon Auh, Founder and Inventor. ”Acceptance by the Newchip Accelerator program is another step in our journey to providing better and affordable security technology and usher in a new generation of data privacy technology.”

    About NUTS Technologies

    NUTS is simplifying data privacy and encryption with our innovative and novel data containers we call nuts based on our Zero Trust Data framework. The NutManager is the first software infrastructure product that will be offered by NUTS Tech that is an all-in-one data management platform designed to not only protect any type of file format but to manage it throughout the data life cycle. Learn more about us at https://www.nutstechnologies.com

    About Newchip

    Newchip is an online, global startup accelerator led by a world-class team of entrepreneurs and investors. It was designed to provide founders with the tools needed to rapidly fund, build, and scale. Since its inception in 2019, the equity-free, remote accelerator has enabled over 1,500 startups from 50+ countries to raise over $450 million in funding with an estimated $9B portfolio. It has three distinct six-month accelerator programs based on company stage: Pre-Seed, Seed, and Series A. Its vast network of global investors, strategic partners, and mentors guide companies from team building and prototype development to securing high-profile VC investment, corporate partnerships, and everything in-between. To learn more, visit https://launch.newchip.com/.
  • [PRESS RELEASE] Tampa Bay Wave Announces 15 Cybersecurity
    Startups for the 2022 CyberTech|X Accelerator Cohort
    2022 CyberTech|X Accelerator Cohort Announcement Press Release -FINAL (tampabaywave.org)

    Tampa Bay Wave’s CyberTech|X Accelerator, which aims to promote Tampa Bay as a major hub for cybersecurity talent and innovation, announces their 2022 cohort which includes six international and four women-owned cybersecurity startups.

    TAMPA, FL (January 19, 2022) - Tampa Bay Wave, Inc. (Wave), a nonprofit helping entrepreneurs transform innovative ideas into real-world solutions and scalable businesses, is proud to announce the 2022 CyberTech|X Accelerator program cohort consisting of 15 incredible high-growth cybersecurity startups from across the United States and abroad, including companies from Canada, France, Germany, Israel, and India. Of the 15 startups, four startups are led by women entrepreneurs.

    Formed with the vision of establishing Tampa Bay’s reputation as a nationally-recognized hub for cybersecurity talent and innovation, the CyberTech|X Accelerator was created with help from a $100,000 gift from local entrepreneur and ConnectWise founder, Arnie Bellini and his wife, Lauren Bellini, through their foundation, Bellini Better World. Other key funding partners include A-LIGN, KnowBe4 and EY; plus strategic partners: Aditum, Bank of America, Cyber Florida, Jabil, Raymond James, and University of South Florida’s Muma College of Business.

    In September 2021, the U.S. Small Business Administration awarded Tampa Bay Wave $50,000 as part of the nationwide Growth Accelerator Fund Competition (GAFC) aimed at spurring investment in underrepresented communities within the innovation economy at scale. Wave was one of 84 recipients across the U.S., and one of three in Florida. Wave’s winning proposal for the GAFC prize was developed to help address the lack of women cybersecurity entrepreneurs and will use the proceeds to provide specialized programming for women-led cybersecurity startups in the cohort including awareness and education of SBIR/STTR programs.

    The 2022 CyberTech|X Accelerator is a 3-month tech business accelerator program and offers companies access to key resources such as a dedicated Cohort Director, mentoring with notable tech founders and cybersecurity industry giants, sales training, pitch coaching and investor introductions in an environment designed to support high-scale growth. Companies in the accelerator program will also participate in Wave’s Demo Day at the conclusion of the program on April 6th to pitch their companies to an audience of accredited investors, venture capitalists and other cybersecurity industry leaders.

    The program will also serve as a link between the region’s tech startup community and other cybersecurity workforce development efforts, such as the University of South Florida cybersecurity degree programs and Cyber Florida.

    Beyond the 3-month long program, selected participants will also receive ongoing support through Tampa Bay Wave’s virtual CORE membership which provides year-round critical mentorship, strategic introductions to investors and customers, and other valuable services to further accelerate company development. Also, Tampa Bay Wave is the only GAN-accredited accelerator program in the State of Florida; thus, selected companies will also have the benefit of becoming a member of the Global Accelerator Network which includes $50,000+ worth of discounts and other perks.

    “It’s no secret that Florida has seen a major influx of entrepreneurs and investors relocating from traditional tech hubs. People across the country are finally recognizing what those of us in Florida already know… which is that our technology & startup ecosystems have been experiencing tremendous growth over the past 5-10 years, including in sectors like cybersecurity” said Linda Olson, president and founder of Tampa Bay Wave. “As cybersecurity threats continues to rise, programs like the CyberTech|X Accelerator can go a long way to address these growing security concerns, while showcasing Tampa Bay’s tech and cybersecurity talent."

    The 2022 CyberTech|X Accelerator will be the second year that Tampa Bay Wave offers this accelerator program. The inaugural 2021 program was deemed incredibly successful, despite being a first-year program, with roughly 50% of the cohort companies closing their funding rounds within six months of Demo Day plus two companies who were acquired. One company, Refactr, was acquired by SOPHOS for an undisclosed amount; Refactr founder Mike Fraser now works for SOPHOS as Vice President of DevSecOps and will be volunteering as a cybersecurity expert mentor in the 2022 cohort.

    The fifteen startups selected for the 2022 cohort are geographically diverse, with fourteen companies headquartered outside of Florida, including four from outside the U.S.. While some of the startups are in the early revenue stages, others are currently generating more than 1 million in annual recurring revenue (ARR), including one with at least 4 million ARR.

    The 2022 cohort includes many serial entrepreneurs, some with prior exits, as well as many cybersecurity professionals and former executives from top tech firms such as Symantec, IBM, McAfee, LifeLock, Google, and Microsoft. This cohort also includes entrepreneurs who are US Navy and Air Force veterans, including a lifetime of leadership positions.

    The fifteen companies participating in the 2022 CyberTech|X Accelerator cohort include:

    Caliola Engineering, LLC

    Caliola® designs innovative products to ensure secure and reliable communication. Our OverKey® cybersecurity product radically simplifies the deployment of military-grade encryption ensuring critical networks and infrastructure are secured.

    CEO: Jennifer Halford

    Location: Colorado Springs, CO

    CloudWize.io

    CloudWize is a no-code platform for maximum cloud security and compliance. A single platform that automates security protection regardless of where the underlying services reside. CloudWize simplifies the complete picture of all cloud pillars: security, performance, cost, operations, and compliance.

    CEO: Chen Goldberg

    Location: Netanya, Israel

    Crashtest Security

    Crashtest Security offers a DAST scanner that supports agile development teams to release continuously secure web apps and APIs through black box scanning.

    CEO: Felix Brombacher

    Location: Munich, Germany

    Lessontrek

    Lessontrek is a modern and secure SaaS that delivers and tracks cyber training. It provides real-life threat intel and vulnerabilities fixed by Microsoft. Lessontrek is owned and operated by a US Navy veteran with 10 years of startup and Fortune 500 experience on the frontlines of cybersecurity in Silicon Valley and Microsoft.

    CEO: Jason Pessemier

    Location: Seattle, WA

    Memi Corporation

    A frictionless identity management and verification platform, Memi enables users to authenticate each other and to businesses using a centralized platform while protecting the user’s personal information. Each Memi user is linked to a government issued photo ID, providing verified and trusted user data.

    CEO: Kevin Gordon

    Location: Winnipeg, Canada

    Metapyxl

    Metapyxl is a digital content authentication software providing solutions to address vulnerabilities associated with protecting, authenticating, tracking & licensing digital media while giving creators a peer-to-peer trusted marketplace to safely distribute their protected content.

    CEO: Tiffany Walling McGarity

    Location: Delaware City, DE

    NUTS Technologies Inc.

    Revolutionizing hybrid cloud technologies with the world's first smart data container designed for the network making your data Simply Private. Our secure modular data containers protect your data in any environment without the need of centralized access controls.

    CEO: Yoon Auh

    Location: Glencoe, IL

    Ragnarok

    Ragnarok is a cloud cyber storage startup offering a solution to the growing problem in ransomware. We decentralize and secure cloud storage using our unique technology to make the data stored quantum-safe and secure it against a host of vulnerabilities, from data breaches to misconfigurations.

    Location: Tel Aviv-Yafo, Israel

    Redactable

    Redactable helps companies permanently redact their confidential documents. Our proprietary Redaction Wizard engages secure redaction architecture to ensure that your data is truly eradicated. Most of all, our seamless deployment method guarantees that your confidential documents never leave your private network.

    CEO: Amanda Levay

    Location: Norfolk, VA, USA

    Sequretek

    Sequretek is an enterprise cybersecurity company with solutions in the areas of enterprise security monitoring, detection and response (XDR), identity access governance and authentication (IGA), and endpoint threat detection and response (EDR).

    CEO: Pankit Desai

    Location: Woodbridge, NJ

    Sicura

    Sicura is a new way of achieving compliance in high-security, highly-regulated industries. We work with your existing automation and security tools to enforce and prove a compliant baseline across your IT landscape. Sicura enables you to meet technical controls of common compliance regulations, avoid errors and misconfigurations, and prevent security drift by providing automated remediation for your IT infrastructure.

    President/CPO: Lisa Umberger

    Location: Baltimore, MD

    Snowpack

    With Snowpack, Become Invisible. Snowpack combines privacy and security in a unique overlay network to make you (and your data) invisible on the Internet.

    CEO: Sebastien Groyer

    Location: Paris, France

    TEKRiSQ, INC.

    TEKRiSQ drives cybersecurity maturity in Small & Medium sized Businesses (SMBs). We align with trusted advisors using our engagement platform to identify, communicate, and remediate risk in a streamlined fashion. We broaden our value through data exchange to update, report, validate and make remediations auditable by trusted advisors in real-time.

    CEO: Bill Haber

    Location: Ponte Vedra Beach, FL

    Transmosis

    Transmosis is a cybersecurity workforce developer that enables American workers to develop careers in the growing information security industry. Transmosis is the creator of transmosisONE, a Fortune 5000 cybersecurity platform designed to protect SMBs from cyber attack with integrated cyber liability coverage.

    CEO: Chase Norlin

    Location: Phoenix, AZ

    Trust Stamp

    Trust Stamp secures biometric and personal information without removing its utility, enabling institutions to deploy biometric systems without the risk of biometric data theft.

    CEO: Andrew Gowasack

    Location: Atlanta, GA

    Participating companies will benefit from the Tampa Bay Wave’s CyberTech|X Advisory Council, made up of cybersecurity experts from Wave’s Mentor Network, as well as representatives from the program’s funding partners and other cybersecurity experts. Members of the 2022 advisory council include:

    ● Asim Murad, SVP, Technology Partnership & Business Development, Bank of America
    ● Cathleen Ryan Reneer, Managing Director, JP Morgan Chase
    ● Christopher Rogers, Chief Security Officer and Deputy CIO, SYKES Enterprises
    ● Danielle M. Alvarez, Cybersecurity Senior Manager, Accenture
    ● Erich Kron, Cybersecurity Expert and Evangelist, KnowBe4
    ● Ernest Ferraresso, Associate Director, Cyber Florida
    ● Jed Young, Vice President & CISO, Jabil
    ● Kishen Sridharan, Cybersecurity Partnership and Outreach Executive, Office of the CISO, Raymond James
    ● Lee Gray, Brigadier General (Retired), U.S. Army
    ● Mal Ensmann, Sr. Program Planner, Cyber Florida
    ● Mike Fraser, VP of DevSecOps, Sophos (formerly Refactr)
    ● Petar Besalev, SVP Cybersecurity and Privacy Services, A-LIGN
    ● Rolando Torres, Co-Founder & Chief Operating Officer, abacode
    ● Russ Miller, CTO Secure Access, OPSWAT
    ● Ruth Brophy, Senior Advisor, HIG Capital
    ● Scott Margolis, Managing Director, Data Privacy & Protection; RegTech, Ernst & Young
    ● Sean Drake, Managing Partner, Stony Lonesome Group
    ● Vince Rocca, CIO, Digital Hands
    ● Thom Kenney, Chief Data Officer, Director of Special Operations Forces Artificial Intelligence, USSOCOM

    To learn more about the CyberTech|X Accelerator Program, visit: https://www.tampabaywave.org/cybertech/ .

    ABOUT TAMPA BAY WAVE: Tampa Bay Wave, Inc. is a 501(c)(3) nonprofit providing entrepreneurs with facilitated access to the resources, expertise, and capital they need to grow vibrant technology-based companies in Tampa Bay. Since March 2013, Tampa Bay Wave has supported more than 300 tech startups thanks to grant funding from the U.S. Economic Development Administration (EDA) and the U.S. Small Business Administration (SBA), plus support from its economic development partners Hillsborough County and the City of Tampa. Tampa Bay Wave also receives support from individuals such as Michael and Korrine Vuur Fraser and Kyle Taylor, founder of The Penny Hoarder, as well as from corporate partners such as A-LIGN, Bank of America, Bellini Better World, Encore Bank/STi, EY, Florida Blue, Florida Funders, Frontier Communications, JPMorgan Chase, KnowBe4, MacDonald Ventures, Nielsen Foundation, Rays/Rowdies Foundation, Tampa Electric, Truist Foundation, and Vinik Family Foundation. Tampa Bay Wave is also a member of the GAN network of accelerators. For more information, visit www.tampabaywave.org.

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Terms of Service


IMPORTANT: PLEASE REVIEW THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT https://www.nutstechnologies.com/arbitration-agreement CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NUTS (HERINAFTER DEFINED) ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY USING OR ACCESSING THE SOFTWARE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS (INCLUDING THE ABOVE-REFERENCED ARBITRATION AND DISPUTE RESOLUTION AGREEMENT) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THE TERMS (AS HEREINAFTER DEFINED) CAREFULLY BEFORE USING THE SOFTWARE. YOUR USE OF THE SOFTWARE INDICATES YOUR FULL ACCEPTANCE OF, AND AGREEMENT TO ABIDE BY, THE TERMS IN THEIR THEN-CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SOFTWARE.

1.    Introduction.
1.1.    The Terms are between the individual consumer or business entity (individually, collectively, jointly, and severally, “you” or “your”) that uses or accesses the Software (as hereinafter defined), and NUTS Technologies, Inc. (“NUTS”).
1.2.    By using or accessing the Software in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below and all other applicable terms, policies, notices, and documentation (collectively, the “Terms”). If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, (c) neither you nor the entity are barred from using the Software or accepting the Terms under the laws of the applicable jurisdiction, and (d) you intend for the Terms to be the equivalent of a signed, written contract.
1.3.    The Terms govern your use of the Software. Except as otherwise specified, the Terms do not apply to Third-Party Products (as hereinafter defined), which are governed by their own terms.
1.4.    The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:
Acceptable Use Policy https://www.nutstechnologies.com/acceptable-use-policy
Arbitration and Dispute Resolution Agreement https://www.nutstechnologies.com/arbitration-agreement
Beta Terms https://www.nutstechnologies.com/beta-terms
Privacy Policy https://www.nutstechnologies.com/privacy-policy-1
2.    Certain Definitions.  As used in the Terms, the following terms have the following meanings:
2.1.    “Applicable Law” means any applicable law, rule, regulation, administrative, judicial, or governmental order, or legal process.
2.2.    “On Premise Software” means portions of the Software made available to you for download and deployment within your environment.
2.3.    “Software” means any website (including but not limited to https://www.nutstechnologies.com), mobile application, desktop application, plugin or other software or media platform that references or links to the Terms and is provided by or on behalf of NUTS or one or more of its affiliates, together with all Usage Data, documentation, data, information, feedback, or materials resulting therefrom or relating thereto (whether created or provided by or on behalf of NUTS, any User, or any other Person).
2.4.    “Usage Data” means data generated as a result of use, configuration, performance and/or deployment of, or access to, Software.
2.5.    “User” means an individual user of the Software.
2.6.    “Your Users” means Users of the Software under your Account and on your behalf.
3.    Eligibility.
3.1.    The Software is available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Software is not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Software.
3.2.    In order to use the Software, you must establish an account (“Account”) by registering with NUTS. You may be required to submit a valid means of payment for which you are authorized to license the Software. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide NUTS with a user name and password for your Account (together “Account Credentials”). Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in your inability to access or use the Software.  Account Credentials are personal to each individual User, and are not transferrable.  You hereby agree not to disclose your Account Credentials to any other Person (including, without limitation, any other User).  You will be solely responsible for ensuring the security and confidentiality of your Account Credentials, and will be responsible for all activity in the Software occurring through or in connection with your Account Credentials.  You are solely responsible for ensuring that any Account Credentials issued to you are known to and used only by one individual User.  NUTS has no obligation to inquire as to the authority or propriety of any use of or action taken under your Account Credentials.  NUTS reserves the right to refuse registration of, or cancel, Accounts and Account Credentials that violate the Terms.  
3.3.    You must provide certain devices, software, and data connections, which NUTS does not supply to use the Software. You consent to manually or automatically download and install updates to the Software.  You are responsible for (i) obtaining the data network access necessary to use the Software; and (ii) acquiring and updating compatible hardware, software, equipment, and devices necessary to access and use the Software. Your third party service providers (including mobile network and Internet service providers) may charge, among other things, data and messaging fees based upon your access to or use of the Software. NUTS does not guarantee that the Software, or any portion thereof, will function on, or be compatible with, any particular hardware, software, equipment, or device.
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4.1.    Subject to your compliance with these Terms and payment of all fees and other amounts payable with respect thereto, NUTS hereby grants you a personal, revocable, non-transferable, non-exclusive, limited right to use the Software in the United States on your own behalf by those of Your Users identified in your Account. You may not use the Software on behalf of any other person or entity (each, a “Person”), and in any other location.  You represent, warrant, and covenant to NUTS that: (i) all use of the Software by or through you or with your Account Credentials will be in accordance with the Terms; and (iii) you will notify NUTS immediately upon becoming aware of any violation of the Terms.  The Software is licensed, not sold.  You understand and acknowledge that, except for the limited rights expressly granted in this paragraph, no license, express or implied, by estoppel, inducement, or otherwise, to any NUTS patent, copyright, trade secret or other intellectual property right is granted by the Terms.  All rights, titles and interests to NUTS’ intellectual property, including without limitation those embodied in the Software, are reserved by, and remain with, NUTS.  You must comply with all technical protections in the Software that only allow you to use it in certain ways.  The On Premise Software requires a valid license key in order to install and run the On Premise Software (the “License Key”).  The License Key is unique to you and sets forth the number of Your Users that may access the On Premise Software.  You may not exceed the limits of the License Key.  You are not permitted to make copies of the License Key or share the License Key with any third parties.  You agree to keep On Premise Software in a secure environment with access limited to Your Users.  You also agree to maintain physical control of the On Premise Software and keep the On Premise Software within the United States.
4.2.    The Software may enable you to create, post, store, send, and receive content, such as text, images, videos, and other materials (collectively, “Your Content”). Your Content remains your property, and you control, through your configuration and administration of the Software and what you elect to send to NUTS, access to Your Content.  You are responsible for reviewing the default settings and onboarding materials, and for properly configuring the Software to fit your security and operational needs.  By using the Software (directly or indirectly), you grant to NUTS a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers), irrevocable license to use, copy, disclose, distribute, and display Your Content, to provide, maintain, update, and improve the Software, as permitted by Applicable Law, to perform security and operations management, to protect against fraudulent or illegal activity, to create statistical and other analyses, for research and development purposes, in aggregated or deidentified form, and/or to improve and develop NUTS’ products and services.  For avoidance of doubt, NUTS owns and retains all rights in, all data and information related to the provision, performance, operation and use of the Software, including information generated by your use of the Software (including, without limitation, automated reporting in the Software that identify to NUTS and analyze use and performance of Software), which data constitutes NUTS’ sole property and constitutes part of the Software.  
4.3.    It is expressly understood, acknowledged and agreed that you may, from time to time, provide to NUTS suggestions, comments and feedback regarding the Software (collectively, “Feedback”). You hereby assign to NUTS, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in such Feedback including without limitation, any modifications, ideas, discoveries, inventions or improvements to the Software which you may propose, suggest, provide or make or which you and NUTS may jointly make.  Accordingly, NUTS shall have all right, title and interest in and to such Feedback and all other rights assigned to it to use same as NUTS shall decide in its sole discretion, including without limitation, sell, license or assign same to third parties.  Each time you disclose or provide any Feedback to NUTS or use the Software, you shall be deemed to represent and warrant the following to NUTS: (i) such Feedback does not include confidential information; (ii) if such Feedback includes proprietary information, such proprietary information is owned solely by you or is duly licensed to you, which license permits such assignment thereof to NUTS and exclusive use by NUTS as contemplated by the Terms; (iii) disclosure and use of such Feedback by NUTS does not and will not breach the terms of any agreement, duty, or obligation to which you or such Feedback is subject; and (iv) neither such Feedback, nor your submission, uploading, publishing or otherwise making available such Feedback as contemplated herein, will infringe, misappropriate or violate any intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any Applicable Law.
4.4.    The Software is the property of NUTS and/or its licensors, is not the property of any User, and is protected by copyright and other intellectual property and proprietary rights.  You agree not to remove any copyright, trademark or other proprietary notice or legend contained in or on the Software.  NUTS and other names and indicia of NUTS' products and/or services are exclusive trademarks and service marks of NUTS.  Other product and company names, trademarks and service marks appearing in the Software are the intellectual property of their respective owners.  You may not use the Software for any purpose other than as necessary to access and use the Software in accordance with the Terms, and you may not disclose the Software to anyone other than Your Users for the purpose of using the Software in accordance with the Terms.  
4.5.    The Software may be made available or accessed in connection with, or may contain links to, third party websites, applications, software, services, or content (including advertising, “Third Party Content”; the providers of such content, collectively, “Third Party Content Providers”) that NUTS does not control. You acknowledge that different terms of use and privacy policies (“Third Party Terms”) may apply to your use of such Third Party Content, and your access to and use of the Software is subject to all applicable Third Party Terms. NUTS does not endorse any Third Party Content, and in no event shall NUTS be responsible or liable for any Third Party Content, Third Party Terms, or products or services of any Third Party Content Provider.  Additionally, each Third Party Content Provider will be a third-party beneficiary to the Terms if you access or use any Third Party Content provided by or on behalf of such Third Party Content Provider. The Third Party Content Providers are not parties to the Terms and are not responsible for the provision or support of the Software.  NUTS has entered into arrangements with one or more Third Party Content Providers for hosting services that are essential to the Software, incorporated within the Software and without which the Software could not be provided to you.  NUTS may, in its discretion and without liability to you, decide to no longer support certain Third Party Content or migrate the Software to different Third Party Content.
4.6.    The Software may contain software (“Open Source Software”) that is licensed under a license approved by the Open Source Initiative or similar freeware license, with terms requiring that such software code be (i) disclosed or distributed in source code or object code form, (ii) licensed for the purpose of making derivative works, and/or (iii) redistributed under the same license terms. NUTS makes available in the applicable documentation information regarding Open Source Software incorporated in the Software to the extent required by the respective Open Source Software licenses.
4.7.    From time to time, NUTS may collect Usage Data generated in connection with your use of Software (e.g., technical information about your operating environment and sessions, systems architecture, devices, product versions, Users, and encrypted packet transmittal). Usage Data does not include Your Content. NUTS may collect Usage Data for a variety of reasons, such as to identify, understand, and anticipate performance issues and the factors that affect them, to provide updates and personalized experiences to customers, and to improve the Software.  Details on Usage Data collection practices are set forth in the Privacy Policy.
5.    Conduct.
5.1.    The On-Premise Software is provided in, and may only be used in, machine-readable object code form.  You may make a copy of the On-Premise Software solely for backup and archival purposes. Such copy must reproduce and include NUTS’ copyright notice, and the copies and the media on which they are stored shall be and remain the property of NUTS and the Terms shall apply to all such copies as it applies to the Software.
5.2.    You shall not, directly or indirectly, engage in or, permit any other Person to engage in, any of the following actions: (i) decompile, disassemble, modify, translate, or reverse engineer the Software or otherwise attempt to obtain the source code for the Software; (ii) sell, license, sublicense, rent, lease, timeshare, assign, pledge, or otherwise encumber the Software or permit any other Person to use the Software; (iii) use any name, trade mark, service mark, logo(s), or other intellectual property of NUTS without NUTS’ prior written consent in each instance; (iv) use the Software for any purpose other than as expressly permitted hereby; (v) use the Software to develop or assist in the development of any website, platform, software, or technology competitive with or similar to the Software or any portion thereof (including, without limitation, including any similar ideas, features, functions or graphics); (vi) modify, alter, tamper with, translate, repair or create derivative works based on or using the Software; (v) use the Software in an application services provider, service bureau or similar capacity; (vi) disclose to any third party the results of any comparative or competitive analyses of the Software; (vii) violate or circumvent any restrictions in or security of the Software; (viii) create Internet "links" to the Software or "frame" or "mirror" the Software; (ix) perform or fail to perform any other act which would result in a misappropriation or infringement of NUTS’ intellectual property rights; (x) attempt to use or gain unauthorized access to NUTS’ or to any third party's networks or equipment; (xi) attempt to probe, scan or test the vulnerability of the Software, or a system, account or network of NUTS, any User, or any NUTS customer or supplier; (xi) engage in fraudulent, offensive or illegal activity, or any activity that infringe any intellectual property rights or privacy rights; (xii) transmit through the Software any data or information without the legal right to do so; (xiii) use Software to transmit unsolicited bulk or commercial messages or worms, Trojan horses, viruses, corrupted files or any similar items; (xiv) restrict, inhibit, interfere or attempt to interfere with the ability of any Person to use or enjoy the Software; or (xv) cause a performance degradation to any facilities used to provide the Software. You will obtain all necessary rights, permissions and consents associated with technology, hardware, software, equipment, devices or data that you use or install with, or integrate to or from, the Software. You will cooperate with NUTS’ reasonable investigation of Software outages, security issues and any suspected breach of the Terms.  
6.    Availability.  The Software may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. NUTS may restrict the availability of the Software or certain areas or features thereof, to enforce capacity limits, maintain the security or integrity of its servers, or carry out maintenance of the Software.  NUTS may improve, enhance and modify the Software and remove, modify, or add features and functionality thereof from time to time in its sole discretion.  NUTS has no obligation for Software installed or used beyond the licensed use, whose original identification marks have been altered or removed, or for any Software for which payment has not been received.  Without limiting the foregoing, NUTS is not responsible for problems that arise from: (i) your, any User’s or a third party’s accident or neglect; (ii) any third party items or services with which the Software is used or other causes beyond NUTS’ control; (iii) installation, operation or use not in accordance with NUTS’ instructions or the Terms; (iv) use in an environment, in a manner or for a purpose for which the Software was not designed; or (v) modification, alteration or repair by anyone other than NUTS.
7.    Indemnification.  You will indemnify, defend, and hold harmless NUTS and all other Covered Persons (hereinafter defined) against and from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys’ fees and court costs), and damages based on, arising out of or relating to: (i) your use of or inability to use the Software (including any such use resulting from or relating to your Account Credentials); (ii) any breach of the Terms or any representation, warranty or covenant made by you herein; (iii) your violation of any Applicable Law or any third party's rights; or (iv) your infringement of any intellectual property right.
8.    Termination.  NUTS may modify, suspend, or terminate your Account or your access to or use of the Software at any time and for any reason, permissible by Applicable Law, including if NUTS determines, in its sole discretion, that you or any of Your Users have violated the Terms, or created harm, risk, or possible legal exposure for NUTS, any Covered Person, any User, or others.  In the event your use of the Software is suspended or terminated, the Terms will continue to apply to your past use of the Software in the form in which they then existed at the time of the subject use. Termination of your access to and use of Software shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to NUTS.  Immediately upon termination hereof or within 10 days of NUTS’ written request at any time, you will return to NUTS or destroy all Software, and will provide written certification of such return or destruction.  Without limiting the foregoing, these Terms shall survive termination of your Account or your use of or access to the Software for any reason.
9.    Disclaimers. 
9.1.    You are solely responsible for: (a) Your Content and use of the Software, including making appropriate use of the Software to ensure a level of security appropriate to the risk in respect of Your Content; (b) securing your Account Credentials; (c) protecting the security of Your Content when stored in, and in transit to and from, the Software; (d) taking  appropriate steps to securely encrypt and/or backup Your Content; (e) properly configuring the Software and using available features and functionalities to maintain appropriate security in light of the nature of Your Content uploaded to and used with the Software; and (f) reviewing the security of the Software and evaluating for itself whether the Software will meet your needs, including with respect to any of your obligations under Applicable Law.  For its own operational efficiencies and purposes, NUTS may from time to time back up data on its servers, but is under no obligation or duty to you to do so under the Terms or otherwise. IT IS SOLELY YOUR DUTY AND RESPONSIBILITY TO BACKUP SEPARATELY YOUR FILES AND DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NUTS BE LIABLE TO YOU, YOUR USERS, OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND OR UNDER ANY LEGAL THEORY, FOR LOSS OF FILES AND/OR DATA.  NUTS DOES NOT ACCEPT LIABILITY FOR LOST DATA OR INFORMATION RESULTING FROM YOUR BACKUP ACTIVITIES (OR FAILURE TO BACKUP), ANY RESTORATION OF DATA OR INFORMATION, OR FOR COMPLIANCE WITH APPLICABLE LAW, SPECIAL RULES, OR OTHER REQUIREMENTS THAT MAY APPLY TO YOUR CONTENT. You agree to indemnify, defend and hold harmless NUTS from any and all claims or liability against NUTS arising from or relating to Your Content.
9.2.    NUTS makes no warranty that the Software will be uninterrupted or error-free or as to the accuracy, completeness, suitability, or result obtained from the use of the Software.  ALL SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SOFTWARE OR ANY OTHER MATERIALS; AND (ii) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.  WITHOUT LIMITATION, YOU ACKNOWLEDGE AND AGREE THAT NUTS DOES NOT MAINTAIN COPIES OF YOUR ENCRYPTION KEYS. NUTS HAS NO ABILITY TO REGENERATE OR RECOVER LOST ENCRYPTION KEYS, NOR CAN NUTS ACCESS ENCRYPTED DATA. NUTS SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR INSTALLATION OR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY DEVICE, SOFTWARE OR DATA OR ANY LOSS OF DATA (INCLUDING ANY OF YOUR CONTENT).  YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  NO ORAL OR WRITTEN INFORMATION OR ADVICE OR COMMUNICATIONS PROVIDED BY ON BEHALF OF NUTS WILL CONSTITUTE PERSONAL, LEGAL, TAX OR FINANCIAL ADVICE OR CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND.  THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, NUTS’ WARRANTIES, CONDITIONS AND REPRESENTATIONS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
10.    Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTS, THE THIRD PARTY CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, MEMBERS, CONSULTANTS, ADVISORS, LICENSORS, OR EMPLOYEES (COLLECTIVELY, “COVERED PERSONS”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SOFTWARE, OR ANY USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY COVERED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.  WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY COVERED PERSON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING UNDER THE TERMS FROM TIME TO TIME, AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $100.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF COVERED PERSONS FOR SUCH DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  The limitations, exclusions and disclaimers stated in the Terms apply to all disputes. The terms of this Section are agreed allocations of risk constituting part of the consideration for the provision of Software hereunder and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless of whether a Person has been advised of the possibility of the liabilities
11.    Verification.  You shall, from time to time upon NUTS’ request, promptly provide NUTS with a certification that states that you are not, to the best of your knowledge upon reasonable due diligence, in breach of the Terms.  NUTS shall at its own expense, have the right, from time to time upon reasonable advance notice, to verify your use of or access to the Software by accessing, or directing an auditing firm to access, your premises, systems, applications, records and other information as may be reasonably necessary to verify your records and practices related to your access to and use of the Software.  If a verification or usage report reveals that you have exceeded the scope of your license grant for Software during the period reviewed, then NUTS will have the right to invoice you in accordance with the applicable Terms then in effect.  If any verification determines you have violated the Terms, in addition to any remedy to which NUTS may be entitled at law or in equity, you shall be liable for the reasonable cost of such verification.
12.    Trade Compliance.  The Software, together with any services and related technology provided under the Terms and all information, data, and materials resulting therefrom, based thereon, available therein, or relating thereto (including, without limitation, all documentation and Feedback, collectively, the “Materials”) are for your own internal use within the United States only, strictly in accordance with the Terms, and not for resale, export, re-export or transfer.  In no event will any User use, access, store, or transfer any Software or Materials outside of the United States.  Without limiting the foregoing, you are subject to and responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions. Materials may not be used, sold, leased, exported, imported, re-exported, or transferred in compliance with such laws, including, without limitation, export licensing requirements, end user, end use, and end-destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that you (a) have not and will not violate, or cause any Person to be in violation of, any applicable anti-bribery or anti-corruption law (including, but not limited to, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.S. domestic bribery statute in 18 U.S.C. 201, the U.S. Travel Act, or the UK Bribery Act 2010), anti-kickback laws, anti-money laundering and anti-terrorist financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws, or any other Applicable Law; (b) have not used, and will not use or apply, any Software or Materials in violation of Applicable Laws; (e) are not, and will ensure that Your Users are not, (i) nationals, residents, agents or representatives of Iran, Cuba, North Korea, Syria, the Crimea Region of Ukraine, or any other country, territory, or region subject to comprehensive U.S. sanctions; (ii) on the List of Specially Designated Nationals & Blocked Persons, the Sectoral Sanctions Identifications (SSI) List, or Foreign Sanctions Evaders List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, or any other applicable list of sanctioned, embargoed, blocked, criminal, or debarred persons maintained by any U.S. or non-U.S. government, the European Union, Interpol, the United Nations, the World Bank, or any other public international organization (each such list, a “Sanctions List”); (iii) an entity that is 50% or more owned, individually or in the aggregate, directly or indirectly, by, is controlled by (including without limitation by virtue of such person being a director or owning voting shares or interests), or acts, directly or indirectly, for or on behalf of, any person or entity on a Sanctions List; or (iv) otherwise the target of any sanctions, suspensions, embargoes or debarment by the U.S. government or any other government or public international organization; (f) shall secure all necessary export/sanctions licenses or authorizations to the extent applicable and necessary; (h) shall cooperate with NUTS to ensure compliance with all Applicable Laws; and (i) will cause Your Users to comply with your obligations in the Terms.  A violation of the foregoing representations, warranties, or covenants will constitute a material breach of the Terms, and, in the event of such a violation, NUTS may, at its sole option, terminate your Account for cause and without further liability or obligation on the part of NUTS. Any such breach will entitle NUTS to seek to be indemnified by you and/or obtain injunctive and other emergency or equitable relief, in addition to any other remedies which may be available under applicable law.  
13.    Miscellaneous.
13.1.    NUTS controls and operates the Software from its headquarters in the United States of America, and NUTS makes no claim that the Software may be lawfully used outside of the United States. Access to the Software or certain other Materials may not be legal by certain Persons or in certain countries. If you access the Software from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.  You may not use, export, re-export, import or transfer the Software (or any portion thereof or any rights thereto granted by NUTS) except as authorized by Applicable Law.  The rights and remedies of NUTS and your obligations in this Agreement are cumulative and in addition to NUTS’ rights and remedies and your obligations under any other agreement or disclaimer and any agreement between you and any third party.
13.2.    You agree that NUTS may add your name and logo to its customer list and identify you as a NUTS customer on NUTS’ website, and otherwise use your name and logo in connection with NUTS’ marketing activities.
13.3.    You agree that your license to the Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written statements made by NUTS regarding future functionality or features.
13.4.    NUTS provides Software for U.S. federal government end use solely in accordance with the following: Government technical data and rights related to Software include only those rights customarily provided to the public as defined in the Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and, for Department of Defense transactions, DFARS 252.227-7015 (Technical Data–Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Commercial Computer Software Documentation). If a government agency has a need for rights not conveyed under the Terms, it must negotiate with NUTS to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
13.5.    NUTS reserves the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. NUTS will notify you of Changes by sending an email to the address identified in your Account and by posting a revised version of the Terms to the Software. Your continued use of the Software following notice of the Changes (or posting of the Terms incorporating the Changes in the event your email address is no longer valid, is blocked, or is otherwise not able to receive the notice) will mean that you accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Software.  You may not modify the Terms or any of the policies or guidelines governing the Software without NUTS' express prior written consent.
13.6.    The Terms, as modified from time to time, constitutes the entire agreement between you and NUTS with respect to the subject matter hereof. The Terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.  The Terms will be binding on and will inure to the benefit of the legal representatives, and permitted successors and assigns of the parties hereto. NUTS may assign the Terms in whole or in part at any time without your consent. You will not, in whole or part, assign or transfer any part of the Terms, whether licenses or any other rights, interests or obligations, whether voluntarily, by contract, by operation of law or by merger (whether that party is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or order or otherwise without NUTS’ prior written consent.  Any attempted transfer or assignment by you that the Terms do not permit will be null and void.
13.7.    You consent to receive electronically any communications from NUTS. NUTS may communicate with you through the email address specified in your Account or by posting notices in the Software. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any requirement that such communications be in writing. All notices from NUTS intended for receipt by you shall be deemed delivered when sent to the email address specified to NUTS in respect of your Account.  Any notice to NUTS that is required or permitted by the Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to legal@nutstechnologies.com or when delivered in person or two (2) business days after mailed by first class, registered or certified mail, postage prepaid, to "NUTS Technologies Inc. c/o Yoon Auh or Sotirios Triantafillou 336 Hazel Ave. Unit 517 Glencoe Il. 60022-2600".  
13.8.    NUTS will have no liability to you, any User, or any third party for any failure by NUTS to perform its obligations under the Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of NUTS, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, pandemic, or civil commotion or other force majeure event.
13.9.    The Terms shall be subject to the Arbitration and Dispute Resolution Agreement https://www.nutstechnologies.com/arbitration-agreement and governed and construed in accordance with Illinois law, without regard to principles of conflicts of laws. YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN COOK COUNTY, ILLINOIS (USA). The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Terms and is hereby expressly excluded.  The Terms shall not require arbitration of actions brought in small claims court, or any action to seek injunctive or other equitable relief.  Without limiting the foregoing, you acknowledge that in the event of your breach or threatened breach of the Terms, NUTS would suffer irreparable injury not compensable by money damages and for which NUTS would not have an adequate remedy available at law.   You acknowledge that NUTS, in addition to any other remedies it may have, shall, in the event of any such breach or threatened breach, be entitled to equitable relief, including, without limitation, temporary and permanent injunctive relief, without posting of any security or bond and without proof of actual damages or loss.  The foregoing shall be in addition to and without prejudice to such other rights as the NUTS may have under the Terms or Applicable Law.
13.10.    If any portion of any provision of the Terms are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Terms shall remain in full force and effect


NUTS Privacy Policy


This Privacy Policy (this “Privacy Policy”) is incorporated into, and form an integral part of, the NUTS Terms of Service "https://www.nutstechnologies.com/terms-of-service". Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms

 

What is the purpose of this Privacy Policy?

NUTS has created this Privacy Policy, to demonstrate a commitment to privacy. This Privacy Policy governs the Personal Data (as hereinafter defined) NUTS collects, processes, discloses, and otherwise uses in connection with the Software, whether it is from Users, the NUTS website, or other resources, as fully described in this Privacy Policy.  NUTS processes Personal Data of individuals that access or use the Software.

 

As used in this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable natural person of which collection, use, or disclosure is regulated by privacy or data protection law applicable to NUTS or the Software.

 

NUTS is not responsible for the privacy practices of Users, companies NUTS does not own or control, individuals NUTS does not employ or manage, or services provided by other companies (which may be accessible through the Software). This Privacy Policy applies solely to the role NUTS plays in collecting, using, and managing data via the Software.

 

What types of Personal Data does NUTS collect?

NUTS may collect the following categories of Personal Data:

  • Name

  • Email Address

  • Mailing Address

  • Telephone Number

  • Username and Password Hashes

  • IP Address

  • Any other Personal Data you provide NUTS via its website, the Software, email, or any other means of communication.

 

NUTS does not knowingly process Personal Data regarding credit or finances, racial or ethnic origin, political opinions, religious beliefs, health, sex, gender identity, union membership, or genetics or biometrics (“Sensitive Data”).  If you choose to manage any Sensitive Data using the Software, you must ensure that you comply with Applicable Laws with respect thereto, including, where required, making disclosures and obtaining prior consent in relation to the collection, processing, transfer, storage, and use of Sensitive Data.

How does NUTS obtain your Personal Data?

The Software manages Personal Data (such as, name, email, and IP address) through a number of points throughout the Software, including Personal Data managed and displayed for Users in the course of their use of the Software.  You must provide NUTS with certain Personal Data in order to use the Software or specific features of the Software.  If you choose not to provide NUTS with certain Personal Data, you may not be able to use the Software or some of its features.  The Software also processes Personal Data you choose to manage using the Software, including information regarding your contacts. 

As is true of most websites, NUTS and its service providers gather certain information automatically, including to authenticate the Software. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on NUTS’ website (e.g., HTML pages, graphics), operating system, date/time stamp and/or clickstream data, and packet transmittal information to analyze trends in the aggregate and administer the Software.  “Cookies” are automatically collected pieces of data that identify you as a User, facilitate your access to and use of the Software, and help diagnose service issues.  NUTS and its service providers use cookies or similar technologies to analyze trends, administer the Software, track users’ movements around such website(s), monitor transfers made using the Software, and to gather demographic information about Users and use of the Software as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions of the Software.

 

How does NUTS use your Personal Data?

NUTS primarily uses your Personal Data to provide you with the Software and to respond to your inquiries.  NUTs may also use your Personal Data as follows:

  • To communicate with you, including to respond to your comments or requests, to request Feedback, to notify you about changes to the Software.

  • To understand Users, tailor and enhance the Software, anticipate and resolve problems with the Software, to create products and services.

  • To provide access to the Software.

  • To comply with Applicable Law or the requests of regulators or law enforcement.

  • To facilitate your use of and access to the Software, and to authenticate you when you log in to your Account.

  • To send you marketing where permitted by Applicable Law.

  • To evaluate the Software and NUTS’ marketing programs, to improve NUTS’ products and services, and to assess use patterns.

  • To protect NUTS’ rights, your rights, the rights of Users, and the rights of others, and to meet high standards of business practices.

 

Where consent is required, NUTS will request your consent to process your Personal Data. You are free to withdraw your consent at any time by contacting privacy@nutstechnologies.com.

 

With whom does NUTS share your Personal Data?

NUTS shares Personal Data with the following persons/entities in the following circumstances:

  • Third Party Service Providers: To enable NUTS to provide the Software, NUTS may share Personal Data with selected third parties (including attorneys, banks, auditors, accountants, Third Party Content Providers, consultants, and other third party service providers) that act on NUTS’ behalf as agents, suppliers, or service providers, and those third parties may collect, store, or access Personal Data on NUTS’ behalf.  Such third parties may provide services such as support, technical assistance, data hosting, payment processing, and customer service.  NUTS may also engage third party analytics providers to understand how Users access and use certain websites or the Software.  Those third parties may use cookies and similar technologies to collect information about Users’ use of and access to certain portions and features of the Software (including the NUTS website).

  • Affiliates:  NUTS shares Personal Data with its affiliates for the purpose of providing the Software, and to fulfill its obligations under Applicable Law.  NUTS’ affiliates may also access Personal Data for marketing, product development, and communication purposes, and as otherwise permitted by Applicable Law.

  • Legal Compliance:  NUTS will share Personal Data with third parties (including law enforcement and regulators), where required to comply with Applicable Law.  NUTS may disclose Personal Data when NUTS believes that such disclosures will protect NUTS’ rights or enforce the Terms, assist in preventing or detecting unlawful or fraudulent activities, or protect the safety or security of the Software, any User, NUTS, or any other Covered Person.

  • Business Transfers:  NUTS may transfer Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of NUTS’ business, brands, affiliates, subsidiaries or other assets. To the extent permitted by Applicable Law, NUTS may share Personal Data with a prospective buyer or transferee of its business or the Software as part of the diligence process, provided that NUTS requires any such third party to maintain the confidentiality of Personal Data and protect it with reasonable technical, administrative, and physical security measures.

 

Where does NUTS store your Personal Data?

NUTS processes and stores Personal Data in the United States of America.  NUTS’ service providers may transfer Personal Data outside of the United States to other countries and jurisdictions (which may include, without limitation, Australia, Austria, Brazil, Canada, Chile, Finland, France, Germany, Hong Kong, India, Ireland, Israel, Japan, Korea, Luxembourg, Malaysia, the Netherlands, Singapore, South Africa, and the United Kingdom).

 

By using the Software, you acknowledge and agree that the technical processing and transmission of Personal Data, may involve, (a) transmissions over various networks, including the transfer of Personal Data to the United States and/or other countries for storage, processing and use by NUTS, its affiliates, and their service providers; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, you agree to permit such parties to make such transmissions and changes.

 

What are your rights with respect to your Personal Data?

You may have the following set of rights with respect to your Personal Data:

  • Right to opt out of marketing communications

  • Right to access your Personal Data

  • Right to request information regarding your Personal Data

  • Right to request correction of your Personal Data

  • Right to request transfer of your Personal Data

  • Right to request erasure of your Personal Data

  • Right to withdraw your consent to the processing of your Personal Data

  • Right to object to the processing of your Personal Data

  • Right to restrict or limit the processing your Personal Data

  • Right to lodge a complaint with a supervisory authority (such as the supervisory authority in your member state of habitual residence or place of work or where the alleged infringement took place)

Please note that the above-mentioned rights may not be applicable to you in certain cases and are subject conditions as specified under Applicable Law. NUTS may require you to verify your identity if you elect to exercise your rights, and we will try its best to comply with your request as soon as reasonably practicable, but no later than the timeframe required by Applicable Law.

For more information regarding your rights or to exercise your rights, please contact NUTS at privacy@nutstechnologies.com.

 

What security does NUTS maintain with respect to Personal Data?

NUTS has reasonable technical, administrative, and physical security measures in place to protect Personal Data from loss, misuse, and unauthorized access.  Your Account is protected by a password for privacy and security.  However, you must prevent access to your Account by appropriately selecting and protecting your password, and limiting access to your computer(s), device(s), and browser(s) on which the Software runs or is installed.

 

The transmission of information via the Internet is never completely secure, and NUTS is only able to control its systems and Software, but not any connected communications systems, other software or services, or any device on which the Software is accessed or installed.  Accordingly, unauthorized entry or use, hardware or software failure, and other factors outside of NUTS’ control may compromise the security of information managed by the Software (including Personal Data).

For how long does NUTS retain Personal Data?

NUTS retains Personal Data as necessary to provide the Software, for the purposes outlined in this Privacy Policy, in accordance with NUTS’ retention policies, and as required or permitted by Applicable Law.

 

How might this Privacy Policy change?

To the extent permitted by Applicable Law, NUTS may amend this Privacy Policy from time to time.  NUTS will post the revised Privacy Policy in the Software, and your continued use of the Software following such posting constitutes your consent to such changes.  NUTS encourages you to periodically review this Privacy Policy in order to stay informed of how NUTS is using and protecting your Personal Data.


Acceptable Use Policy

The terms below are incorporated into, and form an integral part of, the NUTS Terms of Service "https://www.nutstechnologies.com/terms-of-service". Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.

 

  1. You agree that the Software is only intended for manual use, and you will not access the Software through the use of any “bots” or other software applications that may be used to perform automated tasks or scripts. You will not “scrape” the Software or otherwise use any data mining, robots, or similar data gathering or extraction methods in connection with the Software, and you will not use the Software with automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data.

  2. You will not (i) link to, mirror or frame any portion of the Software; or (ii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Software or unduly burdening or hindering the operation and/or functionality of any aspect of the Software.

  3. You will not submit or transmit to, through or in connection with the Software: (i) any unlawful, inaccurate, misleading, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful or objectionable content of any kind (including, but not limited to, any content that depicts nudity, sexual conduct or violence); (ii) any content that infringes upon any third party right (including, but not limited to, any copyright, trademark, right of publicity or privacy, or any other intellectual property or similar rights, as well as rights associated with any recognizable name, voice, person, or image (collectively “Third Party IP”)); (iii) any unsolicited commercial messages, spam, bulk communications, chain letters, or pyramid schemes; (iv) any virus, Trojan horse, worm, time bomb, trap door, disabling code, malware, or other computer programming device the purpose of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, otherwise harm, misdirect or impede in any manner any computer, software, hardware, firmware, system, or network; (v) any content which may constitute or encourage conduct that is fraudulent, a criminal offense or civil wrong or otherwise violates any Applicable Law; or (vi) any content which contains any disabling mechanism or protection feature designed to prevent its use by NUTS in the manner contemplated in the Terms, or which would otherwise render inaccessible or impair the use thereof in any manner.  NUTS may remove or block access to Your Content upon receipt of notice of copyright infringement or violation by Your Content of the Terms.

  4. You will not dilute, tarnish or otherwise harm the Software or NUTS’ brand in any way, including through unauthorized use of Materials, registering and/or using “NUTS” or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to NUTS’s domains, trademarks, taglines, promotional campaigns or Materials.

  5. In your use of the Materials, you will not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior.

  6. While accessing or using the Software, you will not impersonate any Person, make any false statement regarding any Person (including but not limited to, any Person’s employment, agency or affiliation with any other Person), or create false identities for any reason.  Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.  NUTS does not allow the use of anonymous proxy scripts on its servers. You will not access or copy any portion of the Software through any automated viewing, downloading or crawling systems.

  7. You will not take any action that imposes (or may impose, as determined by NUTS in its sole discretion) an unreasonable or disproportionately large load on any servers or other infrastructure underlying the Software, and you will not use the Software in any way that causes (or is likely to cause, as determined by NUTS in its sole discretion) the Software or access to or use of it to be interrupted, interfered with, damaged or impaired in any way, including but not limited to any use of the Software that in any way interferes with or disrupts NUTS’ ability to provide the Software or any User’s ability to access the Software.

  8. You will not (i) use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (ii) sell, lend, rent, resell, lease, sublicense or otherwise transfer to any third party or commercialize any Materials or any of the rights granted to you by NUTS in connection therewith; (iii) access or use the Software in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; or (iv) except with respect to retrieval of Your Content, download or copy any Materials from the Software for your own benefit or for the benefit of another Person.

  9. You will not use, modify, duplicate, print, transmit or distribute in any manner any Materials viewed, accessed or provided on the Software except as expressly permitted by the Terms and solely for your own use.

  10. You will not attempt to gain access to the Software, other Users’ accounts, or any computer systems or networks connected to the Software through hacking, password mining, illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, conducting port scans, stealth scans, or by undertaking other similar activities.

  11. You will not use any meta tags or any other “hidden text” utilizing any of NUTS’ names or trademarks without NUTS’ express written consent.

  12. You will: (i) ensure that Your Content (including the storage or transmission thereof) complies with the Terms and any and all Applicable Laws; (ii) promptly handle and resolve any notices and claims relating to Your Content, including any notices sent to you by any Person claiming that any of Your Content violates any Third Party IP rights and any other notices; and (iii) maintain appropriate security, protection and backup copies of Your Content, which may include, your use of additional encryption technology to protect Your Content from unauthorized access.

  13. If after you submit Your Content through the Software, you receive any notice or otherwise learn in any way that any of the representations made by you in the Terms were not accurate, complete and not misleading in all material respects or no longer are accurate, complete and not misleading in all material respects or of any claim by a third party to the effect of the foregoing, you will promptly provide NUTS with written notice of all relevant facts regarding the same and if appropriate, remove Your Content from the Software.

  14. Engaging in any activity that, in NUTS’ discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Software, NUTS’ business, reputation, goodwill, customers and/or customer relations, or the ability of NUTS customers to effectively use the Software, is prohibited. Your failure to cooperate with NUTS in correcting or preventing violations of the Terms by, or that result from the activity of, Your Users constitutes a violation of the Terms by you.