NimuApp — Terms of Service & End-User License Agreement

These Terms of Service and End-User License Agreement (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Nimu App, LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of the NimuApp mobile application, website, dashboard, software, technology, and related services (collectively, the “Service”).

By creating an account, accessing, purchasing, subscribing to, or using the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. PURPOSE OF NIMUAPP

NimuApp is a property and asset documentation platform designed to help authorized users create time-stamped, location-associated or location-verified visual records of physical spaces, property, assets, and their condition.

NimuApp is intended primarily to document physical spaces, property, and assets, not people. Users should avoid intentionally recording identifiable individuals unless they have a lawful basis and all permissions or consents required by applicable law.

2. NIMUAPP IS A DOCUMENTATION TOOL

NimuApp provides technology for creating, organizing, storing, verifying, transmitting, and presenting documentation.

NimuApp does not independently inspect a property, certify its condition, determine who caused damage, determine when damage occurred, or decide the outcome of a dispute.

A NimuApp recording or report does not constitute an appraisal, professional inspection, legal determination, insurance determination, police report, or expert opinion.

3. NO GUARANTEE OF EVIDENTIARY ACCEPTANCE

NimuApp does not guarantee that any video, photograph, timestamp, location record, metadata, report, verification, or other information created or maintained through the Service will be accepted, relied upon, or considered conclusive evidence by any third party.

NimuApp makes no representation regarding the legal admissibility, evidentiary weight, authenticity determination, or sufficiency of User Content in any particular dispute or proceeding.

4. USER RESPONSIBILITY FOR RECORDINGS

You are solely responsible for determining whether you have the legal right and authority to enter, photograph, video record, document, or collect information at a particular property or location.

NimuApp does not grant you permission to enter or record any property. Authorization must come from the appropriate owner, operator, tenant, manager, employer, customer, or other legally authorized party.

5. RECORDING PEOPLE

NimuApp is designed to document physical spaces and assets.

You agree to make reasonable efforts to avoid intentionally recording identifiable individuals unless the recording is lawful and any legally required consent has been obtained.

You must not use NimuApp to secretly or unlawfully monitor, surveil, harass, stalk, intimidate, or record another person.

You acknowledge that incidental personal information may sometimes appear within a recording, including faces, voices, photographs, documents, license plates, names, screens, mail, or other identifying information. You are responsible for minimizing unnecessary capture of such information.

6. AUDIO RECORDING

Where audio recording functionality is available, you are solely responsible for determining whether audio may lawfully be recorded. Audio and wiretapping laws vary by jurisdiction and circumstances. NimuApp does not provide authorization to record private conversations.

7. ACCOUNTS

You agree to provide accurate information when creating and maintaining an account.

You may not impersonate another person or organization.

8. LICENSE

Subject to these Terms, NimuApp grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for lawful personal or internal business purposes. NimuApp is licensed, not sold.

9. USER CONTENT

“User Content” includes recordings, photographs, notes, reports, property information, asset information, and other material submitted through the Service.

As between you and NimuApp, you retain your rights in User Content, subject to rights belonging to third parties.

You grant Nimu App, LLC a limited license to host, store, process, reproduce, transmit, display, secure, back up, and otherwise handle User Content as reasonably necessary to operate, maintain, protect, improve, and provide the Service and comply with applicable law.

Nimu App, LLC does not acquire ownership of your underlying property merely because it appears in User Content.

10. CONTENT INTEGRITY AND VERIFICATION

Certain NimuApp features may associate User Content with technical information such as timestamps, device information, account information, location information, or other metadata. These features are intended to improve documentation and record integrity.

However, no electronic system is infallible. NimuApp does not guarantee that metadata, GPS information, timestamps, connectivity, device sensors, or other technical information will always be available, uninterrupted, accurate, or error-free.

Users must not knowingly alter, manipulate, falsify, misrepresent, or attempt to circumvent timestamps, location information, metadata, verification information, recordings, photographs, reports, or other documentation generated or maintained through NimuApp.

Nimu App, LLC may preserve original technical records, audit information, and system metadata as reasonably necessary to maintain Service integrity, investigate suspected misuse, resolve disputes, comply with applicable law, or establish, exercise, or defend legal claims.

11. PROHIBITED USE

Nimu App, LLC may suspend or terminate accounts reasonably believed to be involved in prohibited activity.

12. SUBSCRIPTIONS, FEES AND PAYMENTS

Certain features may require a paid subscription, license, usage fee, or other payment. Prices, billing periods, included features, and applicable taxes will be disclosed before purchase.

Subscriptions may automatically renew where disclosed during purchase and permitted by law. Users are responsible for canceling subscriptions through the applicable billing method before renewal if they do not wish to continue.

Purchases made through Apple or Google may also be subject to the applicable store’s payment, subscription, cancellation, and refund rules. Except where required by law or expressly stated otherwise, fees already earned or incurred are non-refundable.

13. THIRD-PARTY SERVICES

NimuApp may depend on third-party providers for infrastructure, cloud hosting, communications, analytics, authentication, payments, mapping, crash reporting, or other functionality. Nimu App, LLC is not responsible for outages, interruptions, failures, or actions of third-party services beyond its reasonable control.

14. SERVICE AVAILABILITY

We strive to provide reliable service but do not guarantee uninterrupted availability. The Service may be unavailable because of maintenance, software updates, internet outages, cloud-service failures, device limitations, emergencies, security incidents, or circumstances outside Nimu App, LLC’s reasonable control.

Users should not rely on NimuApp as their sole method of preserving critical information where independent backup is appropriate.

15. INTELLECTUAL PROPERTY

Nimu App, LLC and its licensors retain all rights, title, and interest in the Service, including its software, designs, interfaces, logos, trademarks, databases, processes, documentation, and proprietary technology. Nothing in these Terms transfers ownership of NimuApp intellectual property to the User.

16. TERMINATION

Nimu App, LLC may suspend or terminate access for material violations of these Terms, unlawful conduct, fraud, abuse, security threats, nonpayment, or conduct that materially threatens Nimu App, LLC, its users, or third parties. Users may discontinue use or request account deletion as provided in the Privacy Policy and account settings.

17. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

NIMU APP, LLC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RELIABILITY.

NIMU APP, LLC DOES NOT GUARANTEE THAT THE SERVICE WILL PREVENT PROPERTY DAMAGE, FRAUD, DISPUTES, CHARGEBACKS, INSURANCE LOSSES, CLAIM DENIALS, OR OTHER LOSSES.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMU APP, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS, PROPERTY DAMAGE, OR LOSS ARISING FROM THIRD-PARTY REJECTION OF DOCUMENTATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMU APP, LLC’S AGGREGATE LIABILITY ARISING FROM THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE USER PAID NIMU APP, LLC DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms excludes liability that cannot lawfully be excluded.

19. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nimu App, LLC and its members, managers, employees, contractors, affiliates, and agents from claims, liabilities, losses, damages, costs, and reasonable attorneys’ fees arising from:

20. GOVERNING LAW AND DISPUTE RESOLUTION

Except where applicable consumer law requires otherwise, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Unless the parties are subject to a separately executed arbitration agreement, applicable proceedings shall be brought in an appropriate state or federal court located in Broward County, Florida. Any separate arbitration agreement or class-action waiver will apply only if it is expressly presented to and accepted by the applicable User in a legally enforceable manner.

21. CHANGES

We may modify these Terms periodically. Material changes will be communicated through reasonable means, which may include the App, website, or email. Where required by law, we will obtain renewed consent.

22. CONTACT

Nimu App, LLC

Email: support@nimuapp.com

Mailing Address: 2805 E. Oakland Park Blvd. #196, Fort Lauderdale, Fl. 33306

Terms: https://nimuapp.com/terms

Privacy Policy: https://nimuapp.com/privacy

NIMUAPP SMS & MOBILE MESSAGING TERMS

23. SMS, MMS AND MOBILE MESSAGING PROGRAM

Nimu App, LLC may offer SMS, MMS, or other mobile messaging communications in connection with NimuApp. Depending on the User’s relationship with NimuApp and the communications for which the User separately opts in, messages may include:

Not every User will receive every category of message.

24. SMS CONSENT AND OPT-IN

Receiving recurring SMS or MMS messages from NimuApp requires the User’s affirmative consent where required by applicable law or messaging-industry rules.

Consent may be obtained through an NimuApp website, application, account-registration page, settings page, invitation or reporting workflow, or another clearly disclosed consent mechanism.

Consent to receive promotional or marketing text messages is not a condition of purchasing, subscribing to, creating an account with, or using NimuApp. Users may decline promotional or marketing SMS consent and still access NimuApp services for which SMS consent is not necessary.

Acceptance of NimuApp’s general Terms of Service alone does not constitute consent to receive marketing or promotional SMS messages. Informational or transactional messaging consent and marketing or promotional messaging consent will be obtained separately where required by applicable law or messaging-industry rules.

25. MESSAGE FREQUENCY

Message frequency varies based upon how the User uses NimuApp, the number and type of properties, assets, reservations, invitations, transactions, documentation requests, account events, and other Service activity associated with the User. Some Users may receive messages only in response to a particular transaction, invitation, request, account event, or security event.

26. MESSAGE AND DATA RATES

Message and data rates may apply. Charges are determined by the User’s wireless carrier and mobile-service plan. Nimu App, LLC is not responsible for charges imposed by a wireless carrier or telecommunications provider.

27. HOW TO OPT OUT - STOP

Users may opt out of recurring SMS or MMS communications at any time by replying STOP to a NimuApp text message. Where supported, equivalent industry-standard opt-out keywords may also be processed.

After an opt-out request is received, NimuApp may send a final confirmation message stating that the User has been unsubscribed from the applicable messaging program. No additional recurring messages from that program will be sent unless the User subsequently provides valid consent to receive messages again.

An SMS opt-out does not necessarily prevent Nimu App, LLC from communicating through email, push notification, in-app messaging, telephone, or other permitted methods. Opting out of promotional messaging does not terminate a NimuApp account or subscription.

28. HELP

For assistance with NimuApp text messaging, reply HELP to a NimuApp text message. Users may also contact support@nimuapp.com.

29. MOBILE NUMBER ACCURACY

Users are responsible for providing a mobile number they own, control, or are authorized to use. If a User changes, transfers, relinquishes, or disconnects a mobile number, the User should promptly update the number associated with the NimuApp account. A User may not knowingly provide another person’s telephone number without authorization.

30. MOBILE CARRIERS

Carriers are not liable for any delayed or undelivered messages. Delivery of messages may be affected by carrier availability, network conditions, device limitations, blocking, filtering, technical problems, or circumstances outside Nimu App, LLC’s reasonable control. Nimu App, LLC does not guarantee delivery of every message.

31. NO SALE OR MARKETING SHARING OF MOBILE OPT-IN DATA

Nimu App, LLC does not sell, rent, or share mobile telephone numbers, SMS opt-in information, or SMS consent information with third parties or affiliates for their own marketing or promotional purposes.

Text messaging originator opt-in data and consent will not be sold, rented, transferred, or shared with any third parties or affiliates for their marketing or promotional purposes.

Nimu App, LLC may disclose limited mobile information to service providers that assist in delivering NimuApp communications, including telecommunications, messaging, hosting, security, and customer-support providers, solely as reasonably necessary to provide those services and subject to applicable contractual and legal restrictions. Such providers may not use NimuApp SMS consent information for their own independent marketing or promotional purposes.

Privacy: NimuApp’s collection, use, protection, and disclosure of personal information, including mobile information and SMS consent data, is governed by the NimuApp Privacy Policy available at https://nimuapp.com/privacy.