Terms of Service
Last Updated: January 20, 2025
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE NIBBS APPLICATION.
BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and us ("Company," "we," "us," or "our") regarding your use of the Nibbs mobile application (the "Service" or "App").
We reserve the right to change or modify these Terms at any time and in our sole discretion. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.
2. Eligibility and Legal Requirements
2.1 Age Requirements
You must be at least 18 years of age or the age of majority in your jurisdiction to use this Service.
2.2 Parental Authority
You represent and warrant that:
- You are the parent or legal guardian of any minor child whose communications you monitor using the Service
- You have full legal authority to monitor such communications
- The child whose communications you are monitoring is under 18 years of age
- You will comply with all applicable laws regarding monitoring and privacy
2.3 Legal Compliance
CRITICAL:
It is YOUR sole responsibility to ensure that your use of Nibbs complies with all applicable federal, state, local, and international laws. Laws regarding monitoring of communications vary significantly by jurisdiction. We strongly recommend consulting with a qualified attorney before using this Service.
3. Prohibited Uses
You agree NOT to use the Service:
- To monitor any adult's communications without their explicit written consent
- To monitor any person who is not your minor child or for whom you are not the legal guardian
- In violation of any applicable laws or regulations
- To harass, stalk, threaten, or violate the privacy rights of any person
- For any commercial surveillance or corporate espionage purposes
- To circumvent or disable any security features of the Service
- To reverse engineer, decompile, or disassemble the Service
- For any illegal, unethical, or unauthorized purpose
4. Service Description and Limitations
4.1 Service Functionality
Nibbs is a parental monitoring tool designed to help parents supervise their minor children's WhatsApp communications. The Service provides customizable word detection and optional AI-assisted content analysis.
DATA COLLECTION NOTICE:
By connecting a WhatsApp account to Nibbs, you acknowledge and consent to the automatic collection and storage of:
- Personal information (name, phone number, email address, profile picture)
- All contacts and their information
- All message content (text, media, documents)
- Message metadata and timestamps
- Group participation and member information
4.2 No Guarantee of Detection
WE DO NOT GUARANTEE THAT THE SERVICE WILL DETECT ALL POTENTIALLY HARMFUL OR INAPPROPRIATE CONTENT. THE SERVICE IS NOT A SUBSTITUTE FOR ACTIVE PARENTAL SUPERVISION.
4.3 Service Availability
The Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation.
5. User Responsibilities
You are solely responsible for:
- Ensuring legal compliance with all monitoring laws in your jurisdiction
- Obtaining any necessary consent for monitoring as required by law
- Informing your child about the monitoring and data collection as required by law
- The security of your account credentials
- All activities that occur under your account
- Maintaining the confidentiality of any monitored information
6. Privacy and Data Processing
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
7. Intellectual Property
The Service and all content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
8. Disclaimers and Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- THE SERVICE WILL DETECT ALL CONCERNING CONTENT
- ANY DEFECTS OR ERRORS WILL BE CORRECTED
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- YOUR USE OR INABILITY TO USE THE SERVICE
- ANY UNAUTHORIZED ACCESS TO OUR SERVERS
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION
- THE FAILURE TO DETECT HARMFUL OR INAPPROPRIATE CONTENT
- ANY LEGAL CONSEQUENCES ARISING FROM YOUR USE OF THE SERVICE
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
10. Indemnification
You agree to indemnify, defend, and hold harmless us from and against any and all losses, damages, liabilities, and costs arising from or relating to:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws
- Your monitoring activities
11. Termination
You may terminate your account at any time by contacting us at support@nibbs.ai. We may terminate or suspend your account immediately for any reason, including if you breach these Terms.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with applicable law.
12.2 Arbitration Agreement
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
12.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. General Provisions
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
14. Contact Information
For questions about these Terms of Service, please contact us at:
Email: support@nibbs.ai
Legal: support@nibbs.ai
15. Special Provisions for Certain Jurisdictions
15.1 California Residents
If you are a California resident, you may have additional rights under California law, including the California Consumer Privacy Act (CCPA).
15.2 European Users
If you are located in the European Economic Area, United Kingdom, or Switzerland, you may have additional rights under the General Data Protection Regulation (GDPR) and local laws.
16. Acknowledgment
BY USING THE NIBBS SERVICE, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms
- You are legally authorized to monitor the communications in question
- You understand the legal risks associated with monitoring communications
- You will comply with all applicable laws
- You understand that we are not responsible for your use of the Service
- You accept all risks associated with using the Service