Terms of Service

Version 3.1 | Last Updated: 25th March 2025

These Terms of Service ('Terms') govern your use of Nusmark, an AI-Powered Personal Secretary platform. By accessing Nusmark's services via WhatsApp, our website, or other supported platforms, you agree to these Terms.

1. Definitions

2. Service Access

Nusmark's Service begins when you initiate a conversation through WhatsApp, our mobile apps, or other supported channels. By doing so, you:

  1. Accept these Terms of Service.
  2. Agree to Nusmark's Privacy Policy.
  3. Authorise Nusmark to process your messages and data to identify TERs and recommend relevant bookings and perks.

To access certain features, including Premium Services or integrations (e.g., Google Calendar, Outlook Calendar), you may be asked to grant explicit permissions. These permissions are requested clearly within the Service and can be revoked at any time.

3. Age Restrictions and Parental Consent

Our Services are not intended for individuals under 16. If you are under 16, you may only use Nusmark with the consent of a parent or legal guardian.

We do not knowingly collect data from individuals under 16 without appropriate parental consent. If we become aware that we have collected such data without proper consent, we will delete it promptly.

4. User Conduct

You agree to use Nusmark responsibly and respectfully. Prohibited behaviours include, but are not limited to:

Violation of these guidelines may result in suspension or termination of access to Nusmark, at our sole discretion.

5. Data Collection and Usage

Nusmark collects and processes data to provide and improve its Services. Full details are set out in our Privacy Policy. Key practices include:

  1. Data Collection: We collect messages, calendar events, and interactions to identify TERs and recommend perks.
  2. Integrations: If you integrate your Google or Outlook calendar, Nusmark accesses calendar events and metadata to enhance Service functionality.
  3. Device Permissions: Mobile apps may request access to device calendars, notifications, and contacts to provide relevant features — these are optional and controlled by you.
  4. Data Sharing: Nusmark may share anonymised and aggregated data with Merchant Partners to improve perks and recommendations.

We do not sell your personal data to third parties.

6. Perks and Merchant Relationships

Nusmark works with trusted third-party merchants to offer bookings, discounts, and other perks. By using these offers, you acknowledge and agree that:

  1. Offerings are subject to availability and Merchant Partner terms.
  2. Nusmark is not responsible for the quality, accuracy, or fulfillment of Merchant Partner services.
  3. Discount codes are typically valid for one-time use only and may have expiration dates.

7. Calendar Integrations and API Compliance

When you connect Google Calendar or Outlook Calendar, Nusmark may access your calendar data to identify and manage TERs.

Nusmark's use of Google user data complies with the Google API Services User Data Policy, including Limited Use requirements. Nusmark's use of Outlook Calendar data complies with Microsoft Graph API Terms and Conditions.

Calendar data is accessed solely to deliver user-facing functionalities and will never be used for advertising or unrelated purposes.

8. Privacy and Security

Nusmark is committed to safeguarding your data and complying with UK GDPR and GDPR. You retain control over your information and can manage preferences or withdraw consent at any time by typing "Manage Consent" in the Nusmark chat or app.

You may also request deletion of your account and data at any time — please refer to our Privacy Policy for full details.

9. Intellectual Property

The Nusmark platform, including all content, AI models, features, and branding, is the exclusive property of Nusmark Ltd.

You may not copy, modify, reproduce, or redistribute any part of the Service without prior written consent.

10. Pricing, Premium Services, and Changes to Features

Nusmark offers both free and premium versions of its services. The scope, pricing, and features of the premium version may change over time at Nusmark's sole discretion.

  1. Nusmark does not guarantee the availability or continuation of any specific Premium feature and reserves the right to modify, discontinue, or replace Premium functionalities as needed.
  2. Premium subscriptions may be billed on a recurring basis, and Users are responsible for managing their subscription, including cancellations.
  3. If Nusmark introduces new fees or modifies existing pricing, Users will be notified in advance via email, WhatsApp, or in-app notification. Continued use after the change will constitute acceptance.

11. Referral Program

Nusmark offers a Referral Program, allowing Users to earn rewards by referring new Users.

  1. The details of the Referral Program, including eligibility, rewards, and conditions, are specified on the Nusmark platform and may change over time.
  2. Nusmark reserves the right to modify, suspend, or terminate the Referral Program at any time and without prior notice.
  3. Referral rewards hold no cash value and cannot be exchanged, transferred, or redeemed outside the Nusmark platform.
  4. Nusmark may revoke referral rewards if it detects fraudulent, abusive, or unfair participation, including self-referrals or fake accounts.

For the most up-to-date details on the Referral Program, please refer to the Nusmark website, app, or official communications.

12. Limitation of Liability

Nusmark provides its Services on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We do not guarantee:

  1. The accuracy, completeness, or appropriateness of task identification, recommendations, or AI-generated responses.
  2. The availability, accuracy, or quality of Merchant Partner offers.
  3. The uninterrupted, error-free operation of integrations (e.g., calendar syncing).
  4. The continued availability of any specific feature of the free or Premium Services.

To the fullest extent permitted by law, Nusmark is not liable for:

  1. Errors, omissions, or unintended consequences of AI-generated tasks, events, or recommendations.
  2. Disruptions, failures, or disputes related to Merchant Partner services.
  3. Delays or failures in referral rewards being credited.
  4. Indirect, incidental, consequential, or punitive damages arising from the use of Nusmark's Services.
  5. Any AI-generated responses produced as a result of user manipulation, adversarial inputs, or prompt engineering, including but not limited to attempts to elicit offensive, unlawful, defamatory, or harmful content.

13. Responsible Use of AI

Users must not attempt to manipulate, override, or misuse Nusmark's AI system to generate inappropriate, misleading, illegal, or offensive content.

Nusmark reserves the right to suspend or terminate access to Users who engage in:

  1. Prompt injection or adversarial attacks designed to manipulate AI responses.
  2. Misuse of Nusmark AI to generate harmful, offensive, or deceptive content.
  3. Attempts to bypass safeguards designed to prevent policy violations.

14. User Feedback

If you submit feedback to Nusmark, you grant us a royalty-free, perpetual, irrevocable license to use and incorporate that feedback into improving our Services.

15. Changes to Terms

Nusmark may update these Terms periodically to reflect changes in services, features, legal requirements, or business needs.

  1. If material changes are made, Users will be notified via WhatsApp, email, or in-app notifications.
  2. Continued use of Nusmark after updates constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Contact Information

If you have questions or concerns about these Terms, contact us at:

Email: legal@nusmark.com