Terms of Service

Last updated: August 22, 2024

Agreement to Terms

These Terms of Service ("Terms", "Agreement") govern your use of NestAccess family internet management services, website, mobile applications, and related services (collectively, the "Service") operated by NestAccess, Inc. ("we," "us," or "our"). By accessing, downloading, installing, or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you disagree with any part of these terms, then you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to parents, guardians, children, and other family members.

By using our Service, you represent and warrant that you are at least 18 years old and have the legal authority to enter into this Agreement on behalf of yourself and any family members who will use the Service.

Service Description and Scope

NestAccess provides comprehensive family internet management solutions designed to help parents and guardians create safer, more balanced digital environments for their families. Our Service includes:

Core Features

  • Family profile creation and management with age-appropriate settings
  • Device time scheduling and automatic internet access restrictions
  • Bandwidth priority management and quality of service controls
  • Content filtering and safety controls with customizable block/allow lists
  • Real-time usage monitoring and comprehensive family reporting
  • Guest network management and temporary access controls
  • Router-level integration and network-wide policy enforcement

Service Availability

Our Service is designed to work with most modern routers and internet service providers. However, we cannot guarantee compatibility with all hardware configurations or network setups. We provide technical support to help with setup and configuration, but some advanced features may require specific router models or firmware versions.

Service Limitations

While we strive to provide comprehensive internet management capabilities, our Service has certain limitations:

  • Content filtering effectiveness may vary based on network configuration and device settings
  • Some applications and services may bypass certain restrictions through VPNs or other methods
  • Service functionality depends on continuous internet connectivity and router compatibility
  • Advanced features may require premium subscription plans

User Accounts and Registration

Account Creation Requirements

To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

  • Providing truthful and accurate registration information
  • Maintaining the confidentiality of your account credentials
  • Updating your account information when changes occur
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring all family members understand and comply with these Terms

Account Security

You are solely responsible for all activities that occur under your account, whether authorized by you or not. We recommend using strong, unique passwords and enabling two-factor authentication when available. You agree to immediately notify us of any security breach or unauthorized use of your account.

Family Member Profiles

When creating profiles for family members, especially children, you represent that you have the legal authority to do so and that you will:

  • Obtain necessary consent from other parents or guardians as required
  • Respect the privacy and autonomy of family members as age-appropriate
  • Use the Service in a manner that promotes healthy family relationships
  • Comply with applicable laws regarding children's privacy and online safety

Acceptable Use Policy

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

Prohibited Activities

  • To violate any applicable local, state, national, or international law or regulation
  • To infringe upon or violate the rights of others, including privacy, publicity, or intellectual property rights
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false, inaccurate, or misleading information
  • To upload, transmit, or distribute any malicious software, viruses, or harmful code
  • To attempt to gain unauthorized access to our systems, networks, or other users' accounts
  • To interfere with, disrupt, or create an undue burden on our Service or networks
  • To impersonate any person or entity or falsely state or misrepresent your affiliation
  • To use automated systems or software to extract data from our Service without permission
  • To reverse engineer, decompile, disassemble, or otherwise attempt to derive source code
  • To use the Service for any commercial purpose without our express written consent

Content Standards

Any content you submit through our Service must comply with applicable laws and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Violate the legal rights of others or contain any material that could give rise to legal liability
  • Promote any illegal activity or advocate, promote, or assist any unlawful act

Subscription Plans and Billing

Service Plans

We offer various service plans, including free basic features and premium subscription tiers. Premium features require a paid subscription with recurring billing. Current pricing and plan details are available on our website and may be updated from time to time.

Payment Terms and Billing

By subscribing to a paid plan, you agree to:

  • Pay all applicable fees, taxes, and charges associated with your subscription
  • Provide valid, current, and complete payment information
  • Authorize us to charge your payment method for recurring subscription fees
  • Update your payment information promptly when changes occur
  • Pay any additional fees for premium features or services you activate
  • Accept responsibility for all charges incurred under your account

Automatic Renewal and Cancellation

Paid subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing period.

Refunds and Money-Back Guarantee

We offer a 30-day money-back guarantee for new premium subscribers. Refund requests must be submitted within 30 days of your initial subscription purchase. Refunds are not available for:

  • Subscription renewals or subsequent billing periods
  • Partial billing periods or prorated amounts
  • Hardware purchases or router bundles (subject to separate return policy)
  • Accounts terminated for violations of these Terms

Price Changes

We reserve the right to modify our pricing at any time. Price changes for existing subscribers will take effect at the next billing cycle after at least 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that you provide personal information at your own risk.

Service Availability and Modifications

Service Availability

We strive to maintain high service availability and reliability, but we cannot guarantee uninterrupted or error-free service. We may temporarily suspend, restrict, or terminate access to the Service for:

  • Scheduled maintenance and system updates
  • Emergency repairs or security measures
  • Technical difficulties or infrastructure issues
  • Compliance with legal requirements or court orders
  • Protection of our systems or other users

Service Modifications

We reserve the right to modify, update, or discontinue any aspect of our Service at any time, with or without notice. This includes adding new features, removing existing features, or changing how features work. We will make reasonable efforts to notify users of significant changes that may affect their use of the Service.

Intellectual Property Rights

The Service and its original content, features, functionality, and underlying technology are owned by NestAccess and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Rights

All rights, title, and interest in and to the Service remain with NestAccess. You may not:

  • Reproduce, distribute, modify, or create derivative works of our Service
  • Reverse engineer, decompile, or disassemble any part of our Service
  • Remove or alter any proprietary notices or labels
  • Use our trademarks, logos, or brand names without permission

User Content License

By submitting content through our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content solely for the purpose of providing and improving our Service.

Disclaimers and Limitation of Liability

Service Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee that content filtering will block all inappropriate content or that time restrictions will prevent all unauthorized access.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESTACCESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless NestAccess, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including intellectual property, privacy, or publicity rights
  • Any content you submit through the Service
  • Any dispute between you and other users of the Service

Termination

Termination by You

You may terminate your account at any time by contacting customer support or using the account closure feature in your account settings. Upon termination, your right to use the Service will cease immediately.

Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe:

  • Violates these Terms or our Privacy Policy
  • Is harmful to other users, us, or third parties
  • Violates applicable laws or regulations
  • Is fraudulent or involves unauthorized use of payment methods
  • Creates security risks or technical issues

Effect of Termination

Upon termination, all rights and licenses granted to you will cease, and you must stop using the Service. We may delete your account and data, though we may retain certain information as required by law or for legitimate business purposes.

Dispute Resolution and Governing Law

Governing Law

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

Dispute Resolution Process

Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally. We are committed to working with our users to resolve disputes fairly and efficiently.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by:

  • Posting the updated Terms on our website with a new "Last Updated" date
  • Sending email notifications to registered users
  • Displaying prominent notices within our Service
  • Obtaining your consent where required by applicable law

Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

Contact Information

If you have questions about these Terms of Service, please contact us:

Legal Department: [email protected]

Customer Support: +1 917 530 8642

Mailing Address:
NestAccess Legal Department
1246 E Cambridge Ave
Phoenix, AZ 85006
United States