Operator: Nickelsense Inc. (dba Parachute, Tether, Tandem)
Applies to: Parachute, Tether, and Tandem websites at https://myparachute.live, https://mytether.live, and https://mytandem.live, Parachute, Tether, and Tandem for iOS, Parachute, Tether, and Tandem for Android, and related services
Effective: October 2, 2026
Last updated: October 2, 2026
Part I — Agreement basics
Part II — What the Service is
Part III — Community and content
Part IV — Money
Part V — Mobile application license (EULA)
Part VI — Data choices
Part VII — Legal terms
Annexes
A. Definitions
This End User License Agreement and Terms of Service (together, the "Agreement") is a contract between you and Nickelsense Inc. (dba Parachute, Tether, Tandem), a Kentucky corporation with an address at Louisville, Kentucky ("Parachute | Tether | Tandem," "we," "us," or "our").
It governs your access to and use of the Parachute | Tether | Tandem website, the Parachute | Tether | Tandem mobile applications for iOS and Android (each, the "App"), and all related features, content, and services (together, the "Service"). The same terms apply on the web and in the App, except that Part V adds terms that apply only to the App because Apple and Google require them.
This Agreement is with Parachute | Tether | Tandem — not with Apple Inc. ("Apple"), Google LLC ("Google"), or any app store.
The following are part of this Agreement:
If additional feature terms conflict with this Agreement, the additional terms control for that feature only. Additional terms are provided in their own document or link. The Privacy Policy is a notice, not a blanket consent; separate consents are collected where law or product design requires them.
You accept this Agreement by checking the agreement box and selecting "Agree" or "Accept" during signup. If you do not agree, do not create an account and do not use the Service.
We record the version of this Agreement you accepted, the date and time, and the text shown to you, so that we can tell you later exactly what you agreed to.
Continuing to use the Service does not, by itself, constitute acceptance of a new or materially different version of this Agreement. Where a change materially reduces your rights, we will ask you to agree again.
The Service is only for people 18 years of age or older who can form a binding contract.
You must provide an accurate age or date-of-birth representation through the age field during signup and in your user profile. You may not use the Service if we previously terminated your account for a serious or repeated violation, or if applicable law prohibits your use.
If we reasonably believe an account belongs to a person under 18, we may restrict the account while we investigate, and we will delete the account and associated information as required by law.
You may maintain one account. Keep your credentials confidential and notify us at security@nickelsense.com promptly if you suspect unauthorized use. You are responsible for activity you authorize. You are not responsible for unauthorized activity that results from our failure to use reasonable security.
You consent to receive service-related communications electronically — including account, security, billing, legal, and safety notices — by email, in-app message, or push notification. Marketing communications are optional, and you may withdraw from them at any time without affecting your account.
If we offer SMS, the SMS Terms at sms.html disclose message frequency, how to stop messages by replying STOP, and that carrier message and data rates may apply.
Parachute | Tether | Tandem provides peer support, community, and information — not medical treatment, clinical care, or legal advice.
Depending on the product and your settings, the Service may include community posts and groups, meetings, member directories, messaging, journals, check-ins, member-to-member support, educational material, resource directories, AI features, and related tools.
Nickelsense Inc. and Parachute | Tether | Tandem are not medical, clinical, behavioral-health, psychotherapy, diagnostic, treatment, or health-care providers. We do not diagnose, treat, cure, or prevent any condition, and we do not provide a clinical record. The Service is not a substitute for a licensed professional.
Do not disregard or delay professional advice because of something you read, an AI response, a peer conversation, a specialist listing, or a plan you created on the Service.
Some members may independently be licensed providers, counselors, coaches, certified peer specialists, employers, or facility staff. We do not deliver, supervise, direct, participate in, or accept responsibility for the services they provide.
Parachute | Tether | Tandem is not an emergency service and cannot respond to an emergency.
If you or someone else is in immediate danger, call 911. You can also call or text 988 (Suicide & Crisis Lifeline), or text HOME to 741741 (Crisis Text Line). You can also call the SAMHSA National Helpline at 1-800-662-HELP (4357) (TTY: 1-800-487-4889), use the SAMHSA treatment locator, or text your ZIP code to 435748 (HELP4U) to find help near you.
We do not continuously monitor accounts, posts, direct messages, journals, support requests, AI conversations, meetings, or self-assessment answers. We do not guarantee that a peer, specialist, moderator, or staff member will see your message or respond, or that a response will arrive within any period of time. We do not provide dispatch, welfare checks, wellness visits, or emergency intervention of any kind.
Peers and AI features are not emergency responders and are not trained crisis counselors unless a listing expressly says otherwise.
Nickelsense Inc. operates more than one product. The description below that matches the app or site you are using applies to you.
Parachute is for adults seeking community and peer support in addiction recovery or long-term recovery. Its features may include a recovery profile, an optional sobriety or recovery date, sponsor matching, recovery-focused meetings, Canopi peer support, Hubb resources, and recovery-oriented content.
Parachute is not treatment, detoxification, medication management, or clinical case management, and it is not affiliated with or endorsed by any twelve-step or other fellowship unless expressly stated.
Tether is for adult family members, friends, and other supporters of a person in recovery or working on mental wellness. Its features may include supporter education, readiness and burnout check-ins, resources, community support, and the ability to send a gift membership.
Tether does not give a supporter any authority over another person's account, records, care, treatment, or decisions. If you use Tether, you must respect the supported person's privacy and autonomy, and you must not enter that person's health or recovery information without their permission unless law permits it.
Tandem is for adults seeking mental-health-focused community and peer support. Its features may include wellbeing check-ins, community groups, support requests, and mental-wellness content.
Tandem is not therapy, psychiatric care, crisis response, diagnosis, or treatment, and it does not create a clinical record.
We do not promise any particular recovery, wellness, sobriety, matching, or health outcome from any product.
AI features are labeled "AI" or similar wherever they appear.
What AI can and cannot do. AI output may be inaccurate, incomplete, outdated, biased, upsetting, or inappropriate. AI is not a person, does not exercise professional judgment, and does not provide medical, clinical, legal, financial, or emergency advice. Do not rely on AI output for a diagnosis, treatment, medication, crisis, legal, financial, or safety decision.
Your inputs. Do not submit another person's information without that person's permission. Your prompts, selected context, and the AI response may be processed by third-party AI providers we contract with (currently including Anthropic, OpenAI, Google, and xAI) or by AI models that Nickelsense hosts itself under our contract, as described in Section 15 of the Privacy Policy.
Limits on your use. You may not use AI features to generate instructions for self-harm or harm to others, to impersonate a licensed professional, to automate a decision that materially affects another person, to attempt to extract training data or model internals, or to violate anyone's rights.
Changes. AI features are evolving. We may test, change, limit, or suspend them, including for safety reasons.
Using an AI feature to answer your current request is different from using your information to train a reusable model. Training requires your separate opt-in, described in Section 22.
The Service supports pseudonymous participation and gives you granular controls over who can see what. Please understand the limits of those controls.
Pseudonymity is not anonymity. A display name does not guarantee that other people cannot identify you. What you write — your story, your city, your meeting, your timeline, your photo — may reveal your recovery status, substance use, mental-health status, family situation, or other sensitive information.
Respect other people's information. Do not disclose another person's identity, story, image, meeting attendance, diagnosis, recovery status, contact information, or private communications without that person's permission.
Do not record without consent. Do not record, screenshot for redistribution, or transcribe a private message, live meeting, voice call, or video call without the prior consent of every participant and any additional consent the law requires.
We cannot control recipients. Anyone who receives your content can copy, screenshot, record, or redistribute it despite our rules. Choose your audience carefully. Twelve-step anonymity and community confidentiality are important norms that we support, but we cannot guarantee that another member will honor them.
We use the phrase "private to the audience you select" rather than "confidential," because moderation, security, legal obligations, and the conduct of other members create real limits. Section 18 of the Privacy Policy describes exactly when staff may see content.
You must follow the Community Guidelines. You may not use the Service to:
Reporting. Use the in-app "Feedback" button to report a concern about content or conduct. Reports are reviewed by our moderation team, generally during business hours (U.S. Eastern Time) and prioritized by severity, without a guaranteed response time. Reports are not emergency messages, are not monitored continuously, and are not guaranteed to receive immediate review.
The self-assessment safety flag. If a self-assessment answer indicates possible risk, the Service displays crisis resources and asks you to act on them; it does not alert staff, your contacts, or any authority. If you need immediate help, call 911.
Serious and imminent threats. If information actually available to authorized staff indicates a serious and immi nent threat to a person's life or safety, we may disclose the minimum necessary information where law permits or requires, under our internal safety protocol. This is not a monitoring commitment and does not create an emergency service.
Blocking. You may block another member at in your settings, from your contacts list, or directly from the member's content or profile. Blocking limits interaction on the Service; it cannot prevent contact outside the Service.
You keep ownership. You retain all ownership rights in the content you submit — posts, comments, messages, journals, images, listings, and anything else ("Your Content").
The license you give us. You grant us a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, and display Your Content only to the audiences you select and only for the purposes described in this Agreement, as reasonably necessary to operate, secure, moderate, troubleshoot, back up, and improve the Service.
What this license does not allow. This license does not permit us to:
Promotional use outside your selected audience requires your separate permission. Research participation requires the separate research opt-in. AI/ML training requires the separate training opt-in described in Section 22.
When the license ends. The license ends when Your Content is deleted, except for: copies other members already received; deidentified or aggregated data as described in the Privacy Policy; records retained for moderation, safety, security, tax, or legal-hold purposes; and routine backups that age out on the schedule disclosed in the Privacy Policy.
Your promises. You represent that you have the rights needed to submit Your Content, that it does not violate law or this Agreement, and that you have permission for any other person's information it contains.
We may review content that is public, submitted for prepublication review, reported to us, or otherwise accessible to moderators under the Privacy Policy.
We may decline, limit, label, age-restrict, remove, preserve, or restore content, and we may restrict features or accounts, to enforce this Agreement, protect members, or comply with law. We are not obligated to monitor all content and do not guarantee that harmful, false, or unlawful content will be found or removed.
Moderation decisions are editorial. You may appeal through the in-app "Feedback" button or by emailing appeals@nickelsense.com. We may preserve evidence of serious violations, safety reports, and legal requests as described in the Privacy Policy.
Peers. Peers help based on lived experience. Unless a listing expressly states otherwise, peers are not licensed clinicians and do not act for us. Availability, compatibility, response, and outcomes are not guaranteed.
Sponsor and support matching. Matching is a connection tool. It is not a screening, placement, credentialing, or supervisory service. Sponsor and peer matching is same-gender: you are matched only with members who share the gender you identify with in your profile (your gender identity). This is a rule of the matching tool, intended to keep support relationships focused on recovery and peer support. We do not verify any member's gender, identity, or intentions, and same-gender matching is not a guarantee of safety or compatibility. Using matching or any other feature to seek dating, romantic, or sexual contact is prohibited. You decide whether to connect, and you may end a connection at any time.
Third-party meetings, facilities, and resources. Information about a fellowship, meeting, facility, provider, employer, or job may come from public sources or from members. Listing an organization is not operation or endorsement of it. Information may be incomplete, inaccurate, or out of date. Verify time, place, accessibility, credentials, cost, and suitability directly with the organization.
Live sessions. Live meetings and calls may expose your voice, image, surroundings, and statements to other participants. Recording is turned off by default for all live sessions. A host may turn recording on for a session only if the Service shows every participant a clear notice before recording starts and each participant gives any prior consent the law requires; a participant who does not consent may leave before recording begins. Recordings may be analyzed by automated tools, including AI, to detect keywords for safety and for aggregate research. That analysis is performed without your name, account ID, or other account identity attached. Recordings are kept as described in Section 17 of the Privacy Policy.
This section applies when you list, provide, promote, buy, or receive member-created content, programs, peer sessions, coaching, or specialist services through a connection made on Parachute, Tether, or Tandem.
Approval required. Before you can list, sell, or provide a product, program, session, or service through the Service, your creator or specialist account must be approved by us. Approval means only that you completed our application and document review; it is not an endorsement, verification, or guarantee. You must hold, and keep current, every license, certification, registration, permit, and approval that federal, state, or local law requires for what you offer. The full rules are in the Creator, Specialist and Marketplace Addendum.
Independent role. A creator, specialist, coach, or similar member is an independent user — not our employee, agent, partner, franchisee, clinician, or representative. We do not direct clinical judgment, supervise services, set a mandatory service method, or guarantee performance.
What a badge means. If a badge appears on a listing, it means only that our staff reviewed a license, certification, registration, permit, or other credential document submitted by the creator or specialist for the name, issuing body, credential number (if shown), and expiration date visible on its face. It is not a background check, primary-source license verification, endorsement, warranty of competence, confirmation of current good standing, or guarantee of lawful scope of practice. We may request updated documents, contact an issuer, remove a badge or listing, or refer apparent fraud to an issuer or authority. We are not obligated to investigate every claim.
Creator and specialist promises. If you list or provide services, you represent that you:
Member responsibility. Members must independently evaluate identity, credentials, fit, cost, scope, privacy, and safety. A connection or badge is not an endorsement. Report fraud or unsafe conduct at the in-app "Feedback" button or support@nickelsense.com; use emergency services for emergencies.
Removal and records. We may reject, label, suspend, or remove a listing for a rule violation, safety concern, complaint, expired document, legal risk, or Service change. We may preserve complaint and credential records for 3 years after the listing is removed or the credential expires, whichever is later. Appeals go to appeals@nickelsense.com.
Risk allocation. A creator or specialist will defend and indemnify Nickelsense against third-party claims arising from their services, content, taxes, credential claims, professional-practice violations, or confidentiality breaches, except to the extent caused by us, subject to Section 29 and applicable law.
Except for products expressly sold by Nickelsense under Part IV, we do not process, hold, transmit, escrow, or take any commission or percentage from payments between members. Members independently choose an off-platform payment method.
We are not a party to, sponsor of, or guarantor for any member-to-member service, session, program, item, or transaction. The members involved are solely responsible for pricing, payment, invoices, refunds, taxes, legality, performance, chargebacks, disputes, and records.
Our role is limited to marketing and promotion. For member-created products, programs, sessions, and services, Nickelsense acts only as a marketing and promotional platform that helps members discover sellers and, in some cases, helps deliver a product, file, or session (for example, by hosting a download or a live-session room). Each seller sets their own prices and terms and handles their own payments, refunds, taxes, and customer service. Nickelsense is not the seller, merchant of record, agent, or guarantor of any member-to-member transaction. To the maximum extent permitted by law, Nickelsense is not liable for any loss arising from a member-to-member transaction, product, or service, and Section 28 applies to any claim that remains.
Do not send money to someone you do not trust. Report suspected fraud to your payment provider and to us at the in-app "Feedback" button or support@nickelsense.com. We may receive reports and restrict listings, but we do not guarantee resolution or recovery of funds.
Who sells and bills you. Checkout identifies whether Nickelsense (through Stripe), Apple, or Google is billing you. Apple and Google control billing, renewal, cancellation, and refunds for purchases they process.
What we show before you pay. Before you authorize payment, checkout displays the total price, currency, billing interval, trial terms, renewal date and frequency, included features, material restrictions, and how to cancel.
Automatic renewal. Unless checkout states that the plan ends automatically, your plan renews automatically every month (or other billing period shown at checkout) at the then-disclosed price until you cancel. To authorize a recurring charge, you must check an unchecked box that states the price and interval of the plan you selected — for example, for a Parachute Member plan: "I authorize $4.99 every month until I cancel, and I agree to the Billing Policy," and then select "Start paid subscription."
Trials. Trials are optional promotions. We may offer a free or discounted trial to some members and not others, and we may change or end trial offers at any time without affecting a trial already started. If you receive a trial, it lasts the number of days shown at checkout and converts to the regular plan price per billing period on the conversion date shown at checkout unless you cancel before 11:59 p.m. U.S. Eastern Time on the day before the conversion date. Eligibility is set by the offer shown at checkout (for example, new members who have not previously had a paid plan or trial for that product), limited to one trial per person and one per payment method. We send a reminder email before conversion where required.
How to cancel.
Cancellation stops future renewals and takes effect at the end of the current billing period. Access continues until the end of the billing period you already paid for unless law or a safety action requires suspension.
Deleting the App or your account does not cancel an app-store subscription. You must cancel through the store that billed you.
Price changes. We may change prices prospectively after 30 days' notice and any consent the law requires. A change never applies before the next renewal identified in that notice.
Refunds. Except as stated in this section or required by law, payments for web purchases are nonrefundable, and we do not provide refunds or credits for partially used billing periods. When you cancel, you keep access until the end of the period you paid for. We refund duplicate charges, charges made after a cancellation took effect, and other billing errors we confirm. Apple and Google decide refunds for charges they process. Nothing in this Agreement limits a mandatory cooling-off period, statutory refund right, chargeback right, or other nonwaivable consumer right.
Billing problems. For a duplicate or unauthorized charge, contact billing@nickelsense.com promptly. We may ask for reasonable verification.
Gifts. A gift membership is delivered to the recipient's email address, may be redeemed within 12 months after purchase, and once redeemed, the gifted membership period does not expire before it is used, subject to applicable gift-card law. It is nontransferable and refundable before redemption only; if a gift is not redeemed within 12 months, the purchaser may request a refund. We delete an unredeemed recipient email address after 12 months.
Donations. Donations are not accepted at this time. In the future, donations will be available through a Nickelsense 501(c)(3) nonprofit organization, which has not yet been formed, to support research, housing, tools, and technology that improve long-term recovery. A donation is not tax deductible unless checkout identifies an eligible charitable organization and provides a valid receipt from that organization.
This Part applies when you download or use the Parachute, Tether, or Tandem App. It supplements the rest of this Agreement, which continues to apply in full. Where a store's current developer terms require language different from this Part, the store's required language controls for that store.
Subject to this Agreement, Nickelsense grants you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to install and use the App on a device you own or control, for your personal, noncommercial use, as permitted by the applicable app-store usage rules. Family Sharing and volume-purchase use are permitted only to the extent those store rules allow.
You may not copy, distribute, rent, lease, lend, sell, sublicense, modify, reverse engineer, decompile, disassemble, extract source code, circumvent security or licensing controls, automate access, or create derivative works from the App, except to the extent law expressly prohibits that restriction.
The App is licensed, not sold. All rights not expressly granted are reserved.
The App is not medical care or emergency response. The App provides peer support and information only. The App is not an emergency service. If you are in danger, call 911. You can also call or text 988, or text HOME to 741741.
This Agreement is with us, not the store. This Agreement is between you and Nickelsense only. Apple and Google are not parties to it and are not responsible for the App or its content.
Maintenance and support. Nickelsense, not Apple or Google, is solely responsible for providing maintenance and support for the App to the extent required by law or this Agreement. Contact support@nickelsense.com. Apple and Google have no obligation to furnish any maintenance or support services for the App.
Warranty. To the extent a warranty cannot be disclaimed, Nickelsense is solely responsible for it. For an App obtained from the Apple App Store, if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
Product claims. Nickelsense, not Apple or Google, is responsible for addressing any claim by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation — subject to this Agreement and to nonwaivable law.
Intellectual property claims. Nickelsense, not Apple or Google, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party terms. You must comply with applicable third-party terms when using the App, including your wireless carrier's data plan terms and the applicable app-store terms of service.
Third-party beneficiary. For an App obtained from the Apple App Store, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Part V, and that Apple has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
Developer contact. Nickelsense Inc., Louisville, Kentucky, support@nickelsense.com, (502) 354-8105.
In-app billing. Subscriptions purchased through Apple or Google are billed, renewed, canceled, and refunded under that store's rules and Part IV of this Agreement.
Termination of the App license. This App license ends if you materially violate this Agreement. On termination, stop using the App and delete it from your devices. Sections that logically survive continue to apply.
The App requests device permissions just in time, at the moment a feature needs them, and explains why. Depending on the features you use, these may include notifications, contacts matching, microphone, camera, photo library, and location (mobile App only, and only if you turn it on, to find meetings near you).
You can change or revoke any permission in your device settings at any time. Disabling a permission may disable the feature that depends on it, but it will not close your account. Permission data is used as described in the Privacy Policy — for example, contacts matching uses on-device hashes rather than uploading your address book.
Optional product analytics, optional recovery research, and optional AI/ML training each have their own separate choices, which are not bundled into a device permission prompt or into your acceptance of this Agreement.
The Privacy and Consumer Health Data Policy describes what we collect, why, who receives it, how long we keep it, and your rights. Read it alongside this Agreement.
Four things are worth stating here, in the contract itself:
Aggregate engagement statistics. Separately from the opt-in programs above, we continuously use aggregate engagement statistics — for example, how often features are used and which kinds of content and actions members engage with — to operate the Service and to improve and train our systems, including our AI models. These statistics contain no name, contact information, or account identifier, no text you write, and no health or recovery answers, and they are analyzed only in aggregate. Section 14 of the Privacy Policy explains this in more detail.
We will not use consumer health data for a materially different purpose, or begin a materially different research or training use, without the notice and consent the law requires.
Third-party services have their own terms and privacy practices. Linking to or enabling access to a third party is not control or endorsement. This includes external meetings, fellowships, facilities, providers, employers, payment providers, app stores, AI providers, media players, and public directories.
Nickelsense remains responsible for its own legal obligations and does not attempt to disclaim any right that law makes nonwaivable.
Except for Your Content and third-party material, Nickelsense owns the Service, including its software, design, user interface, compilation of content, trademarks, and our own content. We grant you a personal, limited, nonexclusive, nontransferable, revocable license to use the Service for lawful, noncommercial purposes in accordance with this Agreement.
If you send us feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use them without compensation and without identifying you. We will not disclose your consumer health data as part of using feedback.
Send a notice of claimed copyright infringement to our designated agent:
Designated agent: Nickelsense Inc., Attn: Copyright Agent
Address: Nickelsense Inc., Attn: Copyright Agent, Louisville, Kentucky
Email: dmca@nickelsense.com
Phone: (502) 354-8105
Your notice must identify the copyrighted work, identify the material claimed to be infringing and its location on the Service, provide your contact information, include a statement that you have a good-faith belief the use is not authorized, include a statement that the information is accurate and — under penalty of perjury — that you are authorized to act, and include your physical or electronic signature.
We process counter-notices under 17 U.S.C. § 512 and may terminate repeat infringers in appropriate circumstances.
You may leave at any time. Delete your account at Settings → Account → Delete account (in the App or on the web). A 30-day grace period applies, during which you can cancel the deletion, unless law or a safety concern requires immediate action. Deletion is described in detail in Section 17 of the Privacy Policy.
We may act on your account. We may warn, restrict, suspend, or terminate an account — proportionately to the circumstances — for a breach of this Agreement, a safety risk, fraud, a legal requirement, or discontinuation of the Service. We will give notice and an opportunity to appeal where reasonable and lawful.
What survives. Provisions that logically survive termination continue to apply, including ownership, preserved licenses, transaction obligations, disclaimers, limitation of liability, indemnity, dispute terms, and accrued rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY RECOVERY, SOBRIETY, MENTAL-HEALTH, OR WELLNESS OUTCOME WILL RESULT, THAT AI OR MEMBER CONTENT WILL BE ACCURATE, THAT SUPPORT OR A PEER WILL BE AVAILABLE, OR THAT ANY MEMBER OR THIRD PARTY IS WHO THEY CLAIM TO BE OR WILL PERFORM AS PROMISED.
Some jurisdictions do not allow certain disclaimers. Where that is so, their law controls and this section applies only to the extent permitted.
This section limits the money you can recover from us. Read it carefully.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICKELSENSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATING TO THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US $100.
THIS SECTION DOES NOT LIMIT LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE NOT EXCLUDABLE; VIOLATION OF A NONWAIVABLE STATUTORY RIGHT; OR ANY OTHER LIABILITY THAT LAW DOES NOT PERMIT US TO LIMIT OR EXCLUDE.
To the extent permitted by law, you will defend and indemnify Nickelsense against a third-party claim arising from (a) Your Content's infringement or illegality, (b) an unlawful transaction or professional service you provide, or (c) your material breach of this Agreement — except to the extent the claim is caused by us.
We will notify you promptly of the claim, allow you to control the defense with competent counsel of your choice, and may participate at our own expense. You may not settle a claim in a way that admits our fault, imposes a nonmonetary obligation on us, or fails to fully release us, without our written consent.
Talk to us first. Before filing a claim, send written notice to legal@nickelsense.com, or by mail to Nickelsense Inc., Attn: Legal, Louisville, Kentucky describing the dispute and the relief you want. We will try in good faith to resolve it for 30 days. This step does not suspend any limitation period and does not prevent either party from seeking urgent injunctive relief, small-claims relief, or relief from a regulator.
Governing law. This Agreement is governed by the laws of the Commonwealth of Kentucky, excluding its conflict-of-laws rules, except that federal law governs federal questions and except where a mandatory consumer-protection law of your residence applies.
Venue. The exclusive venue for a dispute is the state courts located in Oldham County, Kentucky, and the United States District Court for the Western District of Kentucky, and each party consents to personal jurisdiction there — unless applicable consumer law permits you to file elsewhere, in which case that law controls.
No class or representative claims in court. Because this Agreement does not require arbitration, it does not include a class-action waiver. Whether a claim may proceed on a class or representative basis is decided by the court under applicable law.
Nickelsense has not adopted mandatory arbitration.
We may change this Agreement prospectively. For a material change, we will give in-app and email notice at least 30 days before it takes effect and will post the new version with a new effective date and version number. Archived versions are available at archive.html.
We will request renewed, affirmative agreement where law requires it or where a change materially reduces your rights. A change does not retroactively alter a dispute that arose before its effective date unless both parties validly agree.
This Agreement, together with the documents it incorporates, is the entire agreement between you and us about the Service. If a provision is held unenforceable, it will be narrowed or severed to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this Agreement without our consent; we may assign it in connection with a merger, reorganization, or asset transfer, subject to applicable privacy law and the notice and consent obligations in the Privacy Policy. Headings are for convenience only. "Including" means "including without limitation." Notices to you may be sent to your account email or delivered in-app.
Nickelsense Inc.
Louisville, Kentucky
General support: support@nickelsense.com
Legal notices: legal@nickelsense.com
Privacy requests: Settings → Privacy (in the App or on the web), or privacy@nickelsense.com
Appeals: appeals@nickelsense.com
Billing: billing@nickelsense.com
Security: security@nickelsense.com
Phone: (502) 354-8105
Other legal documents
Nickelsense Inc. · Louisville, Kentucky · legal@nickelsense.com · (502) 354-8105