Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NegoNow ("NegoNow," "Company," "we," "us," or "our"). These Terms govern your access to and use of the NegoNow mobile application and website (collectively, the "Service").

These Terms incorporate by reference the standard licensed application end-user license terms of the applicable platform provider, including Apple Inc.'s Standard End User License Agreement ("Apple EULA") and Google LLC's Google Play Terms of Service, as applicable to your platform.

2. Description of Service

NegoNow is an artificial intelligence-powered negotiation training application designed to assist users in developing and improving negotiation skills through interactive practice scenarios, personalized feedback, and structured learning content.

IMPORTANT DISCLAIMER: All content provided through the Service is intended solely for educational and personal development purposes. Nothing in the Service constitutes legal, financial, professional, or career advice. NegoNow does not guarantee specific real-world outcomes resulting from use of the Service.

3. Eligibility and Account Responsibilities

3.1 Age Requirement

You must be at least thirteen (13) years of age to create an account and use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 Account Obligations

By creating an account, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain the confidentiality of your account credentials and restrict access to authorized users only;
• Promptly notify NegoNow at support@negonow.com of any unauthorized access or security breach;
• Accept sole responsibility for all activity occurring under your account.

NegoNow reserves the right to suspend or terminate any account that violates these Terms, at our sole discretion and without prior notice where required for security reasons.

4. Subscriptions and Billing

4.1 In-App Purchases

All paid transactions, including subscriptions, are processed exclusively through the Apple App Store or Google Play Store (each, an "App Store Provider"). NegoNow does not directly process or store payment card information.

4.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled by you at least twenty-four (24) hours prior to the end of the then-current subscription period.

4.3 Pricing and Changes

NegoNow reserves the right to modify subscription pricing at any time. We will provide at least thirty (30) days' advance written notice of any price changes via the app or registered email address. Price changes will take effect at the commencement of the next applicable billing cycle.

4.4 Subscription Management

You must manage, modify, or cancel your subscription through your App Store Account settings. NegoNow does not directly manage subscription cancellations.

4.5 Refund Policy

All refund requests must be directed to the applicable App Store Provider pursuant to its refund policies. NegoNow does not independently process refunds, except as required by law or as specified in Section 9 (Termination) of these Terms.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree not to:

• Violate any applicable local, state, national, or international law or regulation;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code from the Service's AI models, software, or systems;
• Use automated tools, bots, scrapers, or scripts to access, collect, or interact with the Service;
• Generate, transmit, or store abusive, harassing, defamatory, or otherwise unlawful content;
• Interfere with or disrupt the integrity, performance, or security of the Service;
• Attempt to gain unauthorized access to any portion of the Service or its related systems;
• Use the Service to infringe the intellectual property rights of NegoNow or any third party.

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account without notice.

6. Intellectual Property

NegoNow and its licensors retain all right, title, and interest in and to the Service, including all proprietary content, negotiation scenarios, AI models, software, algorithms, logos, trademarks, and trade dress (collectively, "NegoNow Content"). Nothing in these Terms shall be construed as conferring any right or license to NegoNow Content other than as expressly set forth herein.

Subject to your compliance with these Terms, NegoNow grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial educational purposes.

You retain ownership of any personal practice data you generate through your use of the Service, subject to our Privacy Policy and the licenses described in Section 8 below.

7. AI-Generated Content Disclaimer

The Service incorporates artificial intelligence technologies to generate responses, feedback, and training scenarios. AI-generated content is provided "AS IS" and without warranty of any kind. NegoNow expressly disclaims all responsibility for the accuracy, completeness, or appropriateness of AI-generated content to any specific user situation or negotiation context.

You acknowledge and agree that:

• AI-generated content may be inaccurate, outdated, or contextually inappropriate;
• NegoNow does not guarantee any specific negotiation outcome or professional result;
• You are solely responsible for any decisions made based upon AI-generated content or feedback.

8. User Content and Privacy

Your use of the Service may involve the creation or submission of content, including practice session transcripts, voice recordings, and other interaction data ("User Content"). By submitting User Content, you grant NegoNow a limited, non-exclusive, royalty-free license to use, process, and store such User Content solely to provide and improve the Service.

Our collection, use, retention, and protection of your personal information is governed by our Privacy Policy, available at https://negonow.com/privacy, which is incorporated into these Terms by this reference. Please review our Privacy Policy carefully before using the Service.

9. Termination

9.1 Termination by User

You may terminate your account at any time by using the account deletion feature within the app or by contacting us at support@negonow.com.

9.2 Termination by NegoNow

We reserve the right to suspend or terminate your access to the Service, with or without notice, if:

• You materially breach any provision of these Terms;
• Your conduct creates a security risk to the Service or other users;
• We are required to do so by applicable law or court order; or
• We determine, in our sole discretion, that continued access is detrimental to the integrity of the Service.

9.3 Refund Upon Termination Without Cause

If we terminate your account without cause (other than for violation of these Terms or legal requirements), you shall be entitled to a pro-rata refund for the unused portion of any pre-paid subscription period, processed through the applicable App Store Provider.

9.4 Effect of Termination

Upon termination, your license to use the Service will immediately cease. NegoNow may retain certain data as required by applicable law or legitimate business purposes, as described in our Privacy Policy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEGONOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEGONOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEGONOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, GOODWILL, SERVICE INTERRUPTION, OR SIMILAR DAMAGES, EVEN IF NEGONOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL EVENTS, NEGONOW'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO THE APPLICABLE APP STORE PROVIDER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NegoNow and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right; or
• Any User Content you submit, transmit, or make available through the Service.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

13.2 Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@negonow.com. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice.

13.3 Binding Arbitration (United States Users)

If a dispute cannot be resolved informally within thirty (30) days, and you are located in the United States, you and NegoNow agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by a nationally recognized arbitration body in accordance with its commercial arbitration rules.

13.4 Class Action Waiver (United States Users)

TO THE EXTENT PERMITTED BY LAW, YOU AND NEGONOW EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity only.

13.5 European Economic Area and United Kingdom Users

If you are located in the European Economic Area (EEA) or the United Kingdom, the mandatory arbitration clause and class action waiver in Sections 13.3 and 13.4 do not apply to you. In such cases, you may bring disputes in the competent courts of your country of residence, as provided under applicable law, including applicable EU consumer protection legislation.

13.6 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

14. Changes to Terms

NegoNow reserves the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' prior notice via in-app notification or email to your registered address. For non-material changes, notice may be provided by updating the "Last Updated" date above.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and may be entitled to a refund for any pre-paid unused subscription period.

15. Mobile Platform Additional Terms

15.1 Acknowledgement of Parties

You acknowledge and agree that these Terms are entered into solely between you and NegoNow. Apple Inc. and Google LLC (each, a "Platform Provider") are not parties to these Terms and bear no responsibility for the Service or its content.

15.2 Maintenance and Support

NegoNow is solely responsible for providing maintenance and support for the Service, as required by applicable law and these Terms. Platform Providers have no obligation whatsoever to provide any maintenance, support, warranty, or other services related to the Service.

15.3 Warranty

In the event of any failure of the Service to conform to any applicable warranty, you may notify the applicable App Store Provider, and the App Store Provider may refund the purchase price you paid, if any, for the Service. To the maximum extent permitted by applicable law, App Store Providers have no other warranty obligation whatsoever with respect to the Service.

15.4 Legal Compliance Representation

You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo or that has been designated as a "terrorist supporting" country; and (b) you are not listed on any United States Government list of prohibited or restricted parties.

15.5 Third-Party Beneficiary

You acknowledge and agree that Apple Inc. and Google LLC, as applicable, are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, each Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15.6 Intellectual Property Claims

In the event of any third-party claim that the Service or your possession and use of the Service infringes a third party's intellectual property rights, NegoNow, and not any Platform Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference herein, constitute the entire agreement between you and NegoNow with respect to the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

No failure or delay by NegoNow to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. NegoNow may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact Information