Nectere End User License Agreement (EULA)

This End User License Agreement ("EULA") is a legal agreement between you ("Subscriber" or "End User") and ACF Tech Consulting LLC D.B.A Modali Consulting ("Company", "we", "us", or "our"), the developer and provider of the Nectere Contract Lifecycle Management System ("Nectere", "Software", or "Service"). By subscribing to, accessing, or using Nectere, you agree to be bound by the terms and conditions set forth in this EULA.

The terms and conditions of this EULA are accepted by the Subscriber upon clicking "Subscribe" and signing up for Nectere, including during any promotional period such as a "Free Trial". By accepting these terms, you represent and warrant that you have the authority to enter into this agreement on behalf of your organization and that you will ensure compliance with this EULA throughout your organization.

Subject to your compliance with this EULA, we grant you a non-exclusive, non-transferable, revocable license to access and use Nectere for your internal business purposes. This license is limited to the term of your subscription and does not include any rights to modify, distribute, or create derivative works based on Nectere.

You may not:

• Reverse engineer, decompile, disassemble, or attempt to discover the source code of Nectere.
• Use Nectere to develop a competing product or service.
• Resell, sublicense, or otherwise transfer your rights to use Nectere.
• Use Nectere in any manner that violates applicable laws or regulations.

Your subscription to Nectere is subject to the payment of fees as outlined on our website or as otherwise agreed upon in writing. Fees are non-refundable except as required by law. Failure to pay any applicable fees may result in the suspension or termination of your access to Nectere.

If you are using Nectere during a "Free Trial" period, the terms of this EULA apply fully during the trial period. We reserve the right to terminate the trial at any time and for any reason. Upon expiration of the trial period, you must either subscribe to the Service or cease all use of Nectere.

All data entered into Nectere by you remains your property. However, by using the Service, you grant us a limited license to use, store, and process your data as necessary to provide and improve the Service. We will handle your data in accordance with our Privacy Policy, which is incorporated by reference into this EULA.

You agree to maintain the confidentiality of any non-public information provided by us, including software code, algorithms, and other proprietary information related to Nectere. This obligation survives the termination of your subscription.

Nectere, including all software, design, logos, trademarks, and related intellectual property, is owned by or licensed to us. You do not acquire any ownership rights by using the Service, and you agree not to remove or alter any proprietary notices on the Software.

We may terminate your access to Nectere at any time if you breach any term of this EULA. Upon termination, you must immediately cease all use of Nectere and delete any copies of the Software in your possession. We also reserve the right to terminate this agreement for any reason with thirty (30) days' written notice.

Nectere is provided "as is" and "as available" without any warranties of any kind, either 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 secure.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; or (iii) any interruption or cessation of transmission to or from our Service.

You agree to indemnify, defend, and hold harmless ACF Tech Consulting LLC D.B.A Modali Consulting, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of Nectere or your breach of this EULA.

This EULA is governed by the laws of the State of [Insert State], without regard to its conflict of laws principles. Any disputes arising under or in connection with this EULA shall be resolved through binding arbitration in [Insert City], [Insert State].

We reserve the right to modify this EULA at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of Nectere after any such changes constitutes your acceptance of the new terms.

This EULA, together with our Privacy Policy and any other agreements referenced herein, constitutes the entire agreement between you and ACF Tech Consulting LLC D.B.A Modali Consulting regarding your use of Nectere.

If you have any questions about this EULA, please contact us at info@modaliconsulting.com.