Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Nimo Planet web site located at www.nimoplanet.com, and all associated sites linked to www.nimoplanet.com by Nimo Planet, Inc., its subsidiaries and affiliates, including Nimo Planet sites around the world (collectively, the "Site"). The Site is the property of Nimo Planet, Inc. ("Nimo Planet"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
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Nimo Planet reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Nimo Planet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
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We would like to inform you that by downloading, Installing or otherwise accessing or using the service you agree that you have read, understood, and agree to be bound by this agreement. If you do not agree, you should immediately cease accessing or using the service.
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We believe protecting your data is our utmost priority; therefore we do not share your private information with anyone. Please review our privacy policy to get fully accustomed to our beliefs and practices regarding personal information.

Age of Majority

We believe there is a right time for everything. If you are under the age of majority in your area of residence, you may use Nimo Planet Services only with approval of a parent or guardian. Nimo Planet will have to discontinue the service, remove or edit content, or cancel the orders in its sole discretion.

Electronic Communication

When you use any Nimo Planet Services or send us an email, you are communicating with us electronically. For convenience and efficiency we shall communicate with you electronically i.e. via email, notices on Nimo Planet site or through other Nimo services. You agree with us in a mutual understanding that all these agreements, notices, disclosure etc. we provide to you electronically satisfy any legal requirement.

Intellectual Property Rights

Kindly acknowledge neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade secrets, relating to the Nimo Planet. Any grants not expressly granted herein are reserved.

All content that is made available to view and/or download in connection with the Nimo Planet services is owned by and is the copyrighted work of Nimo Planet and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

Online Conduct

We have worked really hard to make this dream come true. We want to share this experience with you through our Nimo Planet website. By respecting our hard work, you would not engage in the activities such as downloading, modifying or altering the Nimo Planet Site, instead we would love to collaborate with great minds that have ideas which can help us improve.

Also in addition you agree not to engage in the following:

1. Any resale or commercial use of the Nimo Planet Services;
2. Any derivative use of the Nimo Planet Services or its contents;
3. Any use of data mining, robots, or similar data gathering and extraction tools;
4. Any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Nimo Planet Services or its contents for any public or commercial purpose without the express written consent of Nimo Planet;
5. Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Nimo Planet Services, or otherwise interferes with its proper functioning.
6. Mirroring of any material contained on the Nimo Planet Services on any other server.
7. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nimo Planet Services.
8. You may not attempt to gain unauthorized access to the Nimo Planet Services and/or any Nimo computer systems or networks connected to the Nimo Planet Services, through hacking, password mining or any other means.
9. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Nimo Planet Services.
10. You will ensure that your use, or the use of any third party through you, of the Nimo Planet Services does not interfere with, degrade, or adversely affect any Nimo software, system, network or data or that of any other users of the Nimo Planet Services. You and anyone obtaining access to the Nimo Planet Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever.
11. You and anyone obtaining access to the Nimo Planet Services through you will not use the Nimo Services or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts.
12. You shall not use, nor permit others to use, the Nimo Planet Services in a manner or for a purpose contrary to these Terms of Use.

We believe in a relationship with mutual respect. Nimo is exclusively for personal and non-commercial use.We believe in a relationship with mutual respect. Nimo is exclusively for personal and non-commercial use.

Accuracy of Information

You can provide us with your personal information which will be used for very specific tasks i.e. online payment, technical support etc. We believe in building a strong relationship with you over time with the Nimo Planet experience. Lack of information provided by you will jeopardise this relationship by making us incompetent to support you, when in need. We recommend you to provide us with accurate information to serve you better.

Reviews, Comments, Communications, and Other Content

Nimo Planet takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors or users may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Nimo Planet reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you hereby grant Nimo Planet a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant Nimo Planet and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will identify Nimo Planet for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. Nimo Planet is under no obligation to post or use any information you may provide.

Risk of Loss

We have chosen the most reasonable carriers to deliver Nimo Planet products at your doorstep and remind you of your responsibility for the claims against the carrier for loss or damage.

Pricing; Refunds; Return policy

We value your money, and you can request for refund anytime 1 month prior to the shipment. As each country and state has different tax laws, you will be charged specially for the country Nimo Planet is being delivered. Nimo Planet prices are exclusive of the following terms i.e. all other applicable federal, state, provincial and local taxes and all fees and charges related to customs, duties and brokerage. We will update the warranty information on our website and/or through email prior to the shipment.

Testing the Waters Legal Disclosure

We are 'testing the waters' to gauge investor interest in an offering under Regulation Crowdfunding. No money or other consideration is being solicited. If sent, it will not be accepted. No offer to buy securities will be accepted. No part of the purchase price will be received until a Form C is filed and only through Wefunder’s platform. Any indication of interest involves no obligation or commitment of any kind.

Indemnification

You agree to defend, hold harmless and indemnify Nimo Planet, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the content or services available on the Nimo Planet Services, or (iii) your violation of any law or of any third party rights.

Severability

These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

International Users

The Nimo Planet services are controlled, operated and administered by Nimo Planet (or its licensees) from its offices within the United States of America and are not intended to subject Nimo Planet to the laws or jurisdiction of any state, country or territory other than those of the United States of America. Those who choose to access the Nimo Planet Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States of America export controls and are responsible for any violations of such controls, including without limitation any United States of America embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, Nimo Planet may limit Nimo Planet Service’ availability or usage, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.

Disclaimer of Warranties

EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY, ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN OR OBTAINED FROM THE NIMO PLANET SITE OR ANY OTHER PORTION OF THE NIMO PLANET SERVICES, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NIMO PLANET ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THE NIMO PLANET SERVICES. UNDER NO CIRCUMSTANCES WILL NIMO PLANET BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE NIMO PLANET SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE NIMO PLANET SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Nimo Planet assumes no responsibility for errors or omissions in the information, which is referenced by or linked to the Nimo Planet Services. IN NO EVENT SHALL NIMO PLANET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED ON THIS SITE, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, OR (4) INABILITY TO USE THIS SITE OR OTHER NIMO PLANET SERVICES, WHETHER OR NOT NIMO PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NIMO PLANET’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO NIMO PLANET HEREUNDER FOR THE PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Apple-Enabled Software Applications

Nimo Planet offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

Nimo Planet and you acknowledge that these Terms of Use are concluded between Nimo Planet and you only, and not with Apple, and that as between Nimo Planet and Apple, Nimo Planet, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Use.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Nimo Planet’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Nimo Planet and you acknowledge that Nimo Planet, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Nimo Planet and Apple, Nimo Planet, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to hello@nimoplanet.com

Nimo Planet and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Copyright Complaints

Nimo Planet respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Nimo Planet of your infringement claim in accordance with the procedure set forth below.

Nimo Planet will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Nimo Planet’s Copyright Agent at hello@nimoplanet.com (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Nimo Planet will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 30 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Violation of these Terms of Use and Termination

Where feasible (in Nimo Planet’s sole discretion), Nimo Planet will advise you of any inappropriate behavior on your part and any necessary corrective action. However, if this site or any Nimo Planet Services are used in a way in which Nimo Planet, in its sole discretion, deems to violate these Terms of Use, Nimo Planet or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions. Nimo Planet shall not be liable in any way for any such responsive actions. The above-described actions are not Nimo Planet’s exclusive remedies and Nimo Planet may take any other legal, equitable or technical action it deems appropriate.

Nimo Planet reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize Nimo Planet to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.

Notwithstanding the foregoing, Nimo Planet reserves the right to revoke your authorisation to visit, browse, access and use the Nimo Planet Site or other Nimo Planet Services at any time without notice (including without limitation, if you are a representative or authorised user of a business or other entity that has entered into an agreement with Nimo Planet for provision of certain Nimo Planet Services to such entity, as a result of expiration or termination of such agreement). All restrictions herein shall survive the termination of your right to visit, browse, access and use the Nimo Planet Site or other Nimo Planet Services.

Applicable Laws

Use of the Nimo Planet Site and Nimo Planet Services shall in all respects be governed by the laws of United States of America, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in United States of America, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Contact

If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to Nimo Planet or its business or Nimo Planet Services, please contact Nimo Planet at: hello@nimoplanet.com

Regulatory

We will start the certification process prior to the mass production. You will be informed through email about the certification completion.