Welcome to nailgun.ai. These Terms of Service ("Terms") govern your access to and use of the nailgun.ai platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using nailgun.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

nailgun.ai is an AI-powered contractor management platform that facilitates communication between users and their contractors through various channels including SMS text messaging, email, and voice calls. The Service includes:

• AI-powered communication automation
• SMS messaging for scheduling and updates
• Email processing and response automation
• Voice call handling and transcription
• Project management and scheduling tools
• Contractor database management

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information, including your name, email address, phone number, and other requested details.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. The Service is intended for business use in contractor management.

4. SMS Messaging Terms

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful business purposes related to contractor management and in compliance with these Terms.

5.2 Prohibited Use

You agree not to:

• Use the Service for any illegal purpose or to violate any laws
• Send spam, unsolicited messages, or harassing communications
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit malware or harmful code
• Scrape, data mine, or extract data from the Service without permission
• Resell, sublicense, or redistribute the Service
• Use the Service in violation of any third party's rights

6. User Content

6.1 Your Content

You retain ownership of all content you submit to the Service ("User Content"), including project information, contractor details, and communications. By submitting User Content, you grant nailgun.ai a non-exclusive, worldwide, royalty-free license to use, process, and display such content solely to provide the Service.

6.2 Responsibility for Content

You are solely responsible for your User Content and represent that you have all necessary rights to submit such content. You agree not to submit content that is illegal, defamatory, or infringes any third-party rights.

7. Contractor Information

When you add contractors to the Service, you represent that:

• You have a legitimate business relationship with the contractor
• You have the right to share their contact information with nailgun.ai
• The contractor has consented to receive communications related to your projects
• You will obtain any necessary consents before initiating automated communications

8. AI-Generated Content

The Service uses artificial intelligence to generate and automate communications. You acknowledge that:

• AI-generated content may not always be accurate or appropriate
• You are responsible for reviewing and approving AI-generated communications sent on your behalf
• nailgun.ai is not liable for any consequences arising from AI-generated content

9. Payment Terms

9.1 Fees

The Service may be offered under various subscription plans with associated fees. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice.

9.2 Billing

Fees are billed in advance on a monthly or annual basis. All payments are non-refundable except as expressly provided in these Terms.

9.3 Taxes

You are responsible for all applicable taxes related to your use of the Service.

10. Intellectual Property

The Service, including all software, designs, text, graphics, and other content (excluding User Content), is owned by nailgun.ai and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

11. Third-Party Services

The Service may integrate with or link to third-party services (e.g., calendar applications, email providers, SMS carriers). Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING 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 SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAILGUN.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of the Service
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in any content
• Any AI-generated content or automated communications

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO NAILGUN.AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless nailgun.ai and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of a third party.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of any prepaid fees.

15.2 Termination by Us

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. We will provide notice when reasonably practicable.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your User Content within 30 days of termination. Provisions that by their nature should survive termination will survive.

16. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and nailgun.ai.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision of these Terms is not a waiver of that provision.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms at any time.
• Notices: We may provide notices to you via email, SMS, or posting on the Service.

19. Contact Information

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

• Email: legal@nailgun.ai
• Phone: 1-800-NAILGUN (1-800-624-5486)
• Mail: nailgun.ai Legal Team, [Your Business Address]