Terms of Service

Effective Date: March 12th, 2025

Welcome to Net! Net is an email app that helps you stay on top of what matters. Net figures out what matters to you and lets you stay on top of it effortlessly. To access and use the Services, you must register and maintain an active account with Net. Your registration and continued use of the Services constitute your ongoing acceptance of and compliance with these Terms.

These Terms of Service (the “Terms”) are a binding contract between you and Nearly Extraterrestrial Technology, Inc. (“Net,” “we” and “us”). Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications, including our AI-powered email application (collectively, the “Services”).

PLEASE NOTE: THE SECTION OF THESE TERMS OF SERVICE ENTITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND NET ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

Eligibility & Registration

If you register for the Services, you agree to provide and maintain information about yourself that is true, accurate, current and complete throughout the registration process. You may not provide registration information that you don’t have the right to use. You may not transfer your account to anyone else without our prior written permission. If you are under 18 you are not authorized to use the Services. All personal data collected by us remains subject to our Privacy Policy.

Whether you are registering as an individual or on behalf of an entity, you agree that you will not share your account or password with anyone, and that you will protect the security of your account and your password. You’re responsible for any activity associated with your account.

If you are registering on behalf of an entity as an employee, contractor, or agent of such entity, then you must be authorized to sign for and bind the entity in order to accept these Terms, and you represent and warrant that you have such authority.

If you are registering as an individual on behalf of yourself but using a company email, you acknowledge and agree that use of such company email address will establish a Net account that will be associated with the applicable company. As such, your account can and will be transferred entirely (both control and data/information within the account) to such company upon such company’s request without notice or liability to you. To ensure no loss of personal content, we strongly recommend you establish an account tied to a personal email address.

The availability of the Services may be limited based on your geographic location or country of residence, and Net reserves the right, in its sole discretion, to restrict registration or access accordingly.

Acceptable Use & Compliance

Compliance with Laws

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or infringes on any third-party rights.

User Conduct

You represent, warrant, and agree that you will not, directly or indirectly, use the Services or interact with the Services in a manner that:

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Export Control Compliance

You agree to comply with all applicable export control and sanctions laws when using our Services. You represent that you are not located in, under control of, or a national of any embargoed country, not on any restricted parties list, and will not use our Services for prohibited purposes including military end uses. We may restrict access or terminate your account if we believe you have violated these requirements. You acknowledge that our Services, which includes encryption technology, is subject to U.S. and international export regulations.

Access & Availability

App Platform Requirements

The following terms apply to your use of the Services via a mobile app available via the Apple, Inc. (“Apple”) App Store or via the Google LLC or one of its affiliates (“Google”) Play Store.

Apple App Store

Google Play Store

By downloading an application for the Services from the Google Play Store (or its successors) operated by Google, you specifically acknowledge and agree that:

Mobile Services

The Services may be available or accessible on a mobile device (“Mobile Services”). To the extent you access the Services through a mobile device, your wireless services carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Net is not responsible for such restrictions or limitations on functionality.

Retention Periods

You acknowledge that Net may establish general practices and limits related to your use of the Services, including storage limits and maximum retention periods for your data. Net shall not be responsible or liable for any loss or deletion of data or content maintained or uploaded through the Services. Additionally, Net reserves the right to terminate accounts that remain inactive for extended periods.

Beta and Experimental Features

From time to time, we may introduce beta or experimental features within the Services, whether labeled “Beta,” “Experimental,” or not. These features may be offered for a limited time, may change without prior notice, and could have reduced or different functionality compared to the general release features. We hope you enjoy them, but your use of these beta/experimental features is at your own risk! We are not liable for any bugs or unexpected behaviors they may exhibit.

Fees, Payment & Term

Fees

Fees for the Services are described on the registration page of the Services (“Registration Page”). Net may offer certain features free of charge (“Freemium Services”), with options to upgrade to paid subscription plans as specified on the Registration Page. By selecting a paid plan, you agree to pay the applicable fees outlined on the Registration Page.

Credit Card Authorization

If you provide payment information via credit card, you authorize Net to automatically charge the provided card for all fees due, including any recurring fees associated with renewal or upgrades, until your subscription expires or is terminated.

Payment Terms

All fees must be paid within thirty (30) days from the invoice date unless otherwise stated on the Registration Page. Overdue payments may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs, including attorneys' fees. Net reserves the right to suspend or terminate your access to the Services if payments are overdue.

Renewal & Upgrades

Your subscription renews automatically in accordance with the terms outlined on the Registration Page unless either party elects to not renew as described in the “Termination” section below. If you initially use Freemium Services, upgrading to a paid subscription may be required to unlock additional features or continued usage, as indicated on the Registration Page. Your continued use following renewal or upgrade constitutes acceptance of the applicable fees and these Terms.

Fee Changes

Net reserves the right to adjust subscription fees upon providing at least thirty (30) days' prior notice via email, a website notification, or other reasonable communication method. Continued use of the Services after notice constitutes acceptance of the updated fees and terms.

Refund Policy

Except as expressly provided on the Registration Page or required by applicable law, all payments made to Net are final and non-refundable. Notwithstanding the foregoing, if you purchased or downloaded the Services via a third-party application store (such as the Apple App Store or Google Play Store), refunds are governed solely by the refund policies of that specific app store. You must direct any refund requests to the applicable app store in accordance with its respective terms and procedures.

Term and Termination

Term

The initial term of the Services commences on the date of your registration with the Services or account activation and continues for the period stated on the Registration Page (or as otherwise mutually agreed upon between the parties in writing). Unless otherwise stated in the Registration Page, the Services will automatically renew for successive terms equal in duration to the initial term.

Termination

Either party may elect to not renew the Services by providing written notice to the other party at least thirty (30) days before the end of the then-current term. Net reserves the right to terminate or suspend access immediately, without notice, in the event of non-payment, breach of these terms, or if continued use poses legal or operational risk. Upon termination, your right to use the Services immediately ceases, and you remain liable for all outstanding fees.

Changes to Terms

Net reserves the right, at its sole discretion, to modify these Terms at any time. Net will notify you of such modifications at least fifteen (15) days in advance via email, website notice, or other reasonable communication methods. Your continued use of the Services following notice constitutes your acceptance of the modified Terms. If you do not agree with the updated Terms, you must cease using the Services.

Intellectual Property & Content

Customer Content

“Customer Content” means all data, text, information, communications (including email content and attachments), files, images, or other materials that you upload, submit, store, send, or otherwise provide through your use of the Services. As between you and Net, you retain all rights, title, and interest (including all intellectual property rights) in and to your Customer Content. Net claims no ownership rights over your Customer Content and will only access, use, or disclose Customer Content as explicitly described in these Terms or as required by law.

You grant Net a limited, non-exclusive, royalty-free, worldwide license to access, use, copy, store, transmit, modify, and display Customer Content solely as necessary to provide and maintain the Services (including to deliver to the intended recipients), respond to your support requests, comply with applicable laws, and enforce these Terms. Net will not use or disclose your Customer Content except as explicitly permitted by these Terms or required by law. You represent and warrant that you own or have the necessary rights and permissions to grant Net these rights in Customer Content.

Our Intellectual Property

You acknowledge and agree that Net owns and retains all rights, title, and interest in and to the Services. You agree not to modify, publish, transmit, reproduce (except as expressly permitted under these Terms), participate in the transfer or sale of, create derivative works from, or otherwise exploit the Services.

Notwithstanding anything else, feedback, suggestions, and content published to the public will not be considered confidential or Customer Content, and Net may freely use, modify, and incorporate them into its products and services without compensation or obligation to you.

The Net name and logos are trademarks of Net (the “Net Trademarks”). Other product names, service names, logos, or trademarks appearing within the Services belong to their respective owners, who may or may not be affiliated with, connected to, or endorsed by Net. Nothing in these Terms grants you any license or right, either explicitly or implicitly, to use any Net Trademarks or other third-party trademarks displayed through the Services.

AI Features & Accuracy

Any information, materials, or data you input into or share with our chatbot functionality in the Services is referred to as “Input,” and all responses to you generated by these chatbots are referred to as “Output." To the extent permitted by applicable law, you retain all ownership rights in your Input, and you own the Output, subject to these terms.

You are solely responsible for independently verifying the accuracy, reliability, and appropriateness of Outputs for your specific needs. Outputs may sometimes include inaccuracies, mischaracterizations, subtle errors, or hallucinations due to the inherent limitations of artificial intelligence technology. By nature, the Services may not accurately summarize, categorize, or interpret Inputs at all times. Outputs are not a substitute for professional judgment or expert advice. You should not use Outputs to make decisions that could legally, financially, or materially impact third parties.

Outputs may not reflect our views and do not imply endorsement of third-party products or services. By using the Services, you acknowledge and accept full responsibility for evaluating the accuracy, completeness, reliability, and suitability of all Outputs and will employ “humans in the loop” when necessary.

Third-Party Materials

The Services may include or provide access to third-party services, content, websites, applications, or user-generated materials (collectively, “Third-Party Materials”). Net does not control, endorse, or assume any responsibility or liability for such Third-Party Materials. You acknowledge and agree that your use of or reliance upon such Third-Party Materials is at your own risk. Net reserves the right, at its sole discretion, to remove or restrict access to any content, at any time, for any reason or no reason, without prior notice or liability to you. We reserve the right, at our sole discretion, to access, preserve, and disclose any content or information associated with your use of the Services as necessary to comply with applicable law, respond to government requests or court orders, enforce these Terms, protect our rights, property, or operations, or ensure the safety of Net, our users, or the public.

System Data

Notwithstanding anything to the contrary in these Terms, Net may collect, retain, and use System Data for purposes of providing, maintaining, and improving the Services. “System Data” means aggregated or anonymized technical data regarding the performance, operation, and use of the Services, and expressly excludes Customer Content. Net retains all ownership and rights in System Data.

Disclaimers & Liability

Limited Warranty & Disclaimers

We represent and warrant we will perform the Services in a professional and workmanlike manner in accordance with reasonable industry standards. EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Miscellaneous

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice Of Law & Jurisdiction

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, except as otherwise provided in the Arbitration Agreement below. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California, except as may otherwise be provided in the Arbitration Agreement below.

Taxes & Governmental Assessments

You are solely responsible for paying, withholding, filing, and accurately reporting all taxes, duties, fees, and other governmental assessments arising from or related to your use of the Services. We bear no responsibility or liability for these obligations, although Net retains the right, at its sole discretion, to perform any such actions for you.

No Waiver

Failure or delay by either party in exercising any right under these Terms shall not constitute a waiver of that right.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

Each party to these Terms agrees that these Terms are the complete and exclusive statement of the mutual understanding between the parties, and that such Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Relationship of the Parties

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ours, and you do not have any authority of any kind to bind us in any respect whatsoever. We each agree there are no third party beneficiaries intended under these Terms.

Dispute Resolution & Arbitration

Please read this carefully. It affects your rights. YOU AND NET AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF NET, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH NET, TO THIS AGREEMENT, AND/OR TO THE CUSTOMER CONTENT ON NET SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Net’s right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and Net against each other related in any way to or arising out of in any way from the Services or the Customer Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Net, even if the claim arises after you or Net has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Net brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Net, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Net; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and Net each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to ZenBusiness Inc., ℅ Nearly Extraterrestrial Technology, Inc., 2520 Venture Oaks Way, Suite 120, Sacramento, CA 95833 or emailed at [email protected]. Net will provide a Notice of Dispute to you via the email address associated with your User ID. You and Net agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or Net may commence an arbitration proceeding.

Arbitration Process and Procedure

Unless you and Net agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Net expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND NET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Net each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

Hearing

If your claim does not exceed $5,000, you and Net agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Net submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Net, or deemed necessary by the arbitrator, you and Net agree that the hearing will be conducted telephonically or videographically.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Fees

It is each party’s responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, Net will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

Small Claims & Government Actions

As an alternative to arbitration, you or Net may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Net on your behalf.