Terms & Conditions
Last updated: October 16, 2024
Please read these terms and conditions carefully before using Our Service.
1. Interpretation & Definitions
1.1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2. Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
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Country refers to Greece.
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Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to WUP Technologies IKE, 156 69, Papagos, Greece (GEMI registry: 153440001000).
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Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
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Goods refer to items offered for sale on the Service.
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Orders mean a request by You to purchase Goods from Us.
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Service refers to the Website or the Application.
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Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party and that may be displayed, included, or made available by the Service.
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Website refers to Nudge, accessible from https://www.nudge.care.
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2.Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of the Terms, You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 years old to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies on the collection, use, and disclosure of Your personal information when You use the Application or the Website, and explains Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Intellectual Property
The Service and its original content (excluding content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both Greece and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company.
4. Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
5. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including but not limited to Your breach of these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
6. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software, or hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages.
In no event shall the Company be liable for any indirect, consequential, or incidental damages arising out of or in connection with the use of data for analysis or algorithm training, to the fullest extent permitted by applicable law. The Company shall not be liable for any inaccuracies arising from data analysis used to improve the Service or related algorithms.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to You. In such jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
7. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be error-free, or operate without interruption.
8. Data Usage and Analytics
By using the Service, You agree that Your data may be used by the Company for internal analysis to improve the Service. If You provide explicit consent ("opt-in"), Your data may also be used to train algorithms and enhance the performance of our AI-driven solutions. Any data used for these purposes will be anonymized where applicable and treated in accordance with Our Privacy Policy. You can manage Your consent settings at any time within the application.
9. Account Deletion and Data Removal
You have the right to delete Your account at any time. Upon request, Your account and all associated data will be permanently removed from Our systems within a reasonable timeframe, except as required by legal obligations (e.g., financial or auditing purposes). Once deleted, the data cannot be recovered. Please note that some anonymized data may be retained for statistical or analytical purposes but will no longer be linked to You.
10. Data Portability
You have the right to request a copy of the personal data that You have provided to Us. We will provide this data in a structured, commonly used, and machine-readable format, subject to technical feasibility. The size and format of the file may vary based on the data stored, and We will strive to ensure that it is compatible with common tools. Please allow a reasonable timeframe for processing such requests.
11. Governing Law
The laws of Greece, excluding its conflict of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
12. Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
13. Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
14. Translation Interpretation
These Terms and Conditions may have been translated if We made them available to You on our Service. You agree that the original Greek text shall prevail in case of a dispute.
15. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
16. Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
By email: contact@nudge.care