Terms and Conditions

Last Modified: April 19, 2023

Acceptance of the Terms of Use

Nytch, Inc. Terms of Use

These terms of use are entered into by and between you ("you" or "User"). and Nytch, Inc. ("Company," "we," "our," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of Nytch.me (the "Company Website") and our Nytch mobile application(s) (“Mobile App(s)”) and any other Company mobile applications, websites, browser extensions or plugins (collectively the “Company Apps”), including any content, functionality, and services offered on or through the Company Apps, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Company Apps. By using the Company Apps or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Company Apps.

The Company Apps are offered and available to users who are 13 years of age or older. By using the Company Apps, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Company Apps.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Company Apps thereafter.

Your continued use of the Company Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time to be aware of any changes, as they are binding on you.

Our Mission

With Nytch, our Company provides the following:

- The Company Apps allows a user to request an item from a Retail Partners within a specified radius of the User on the Company system.

- The User creates an account, then can ‘explore’ the feed, which is a selection of items that Retail Partners recommend either to the User specifically or other Nytch users in the same geographic area.

- Users can then request their own item(s), which stores can respond to with recommendations of their own offline inventory. Upon receipt of a recommendation, the User may elect to purchase the item or hold the item in-store (subject to the policies of the recommending store) for inspection prior to purchase. Note that any purchase or hold-in-store request must first be approved by the recommending store. A recommendation does not create any obligation on the part of the store or Nytch, and in no way guarantees availability of said recommended item(s).

- Nytch does not do any shipping or order fulfillment.

Accessing the Company Apps and Account Security

We reserve the right to withdraw or amend the Company Apps and any service or material we provide on the Company Apps, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Company Apps is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Company Apps, or the entire Company Apps, to users, including individual registered users.

You are responsible for both:
● Making all arrangements necessary for you to have access to the Company Apps.

● Ensuring that all persons who access the Company Apps through your internet connection are aware of these Terms of Use and comply with them.

You may be asked to provide certain registration details or other information to access the Company Apps or some of the resources they offer. It is a condition of your use of the Company Apps that all the information you provide on the Company Apps is correct, current, and complete. You agree that all information you provide to register with the Company Apps or otherwise, including, but not limited to, through the use of any interactive features on the Company Apps, is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity and must take reasonable efforts to safeguard this information. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Company Apps or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Mobility

To use the Mobile App, you must have a compatible mobile device. We do not warrant that the Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile Apps and may incur additional charges from your wireless provider for these Mobile Apps. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile App for one account on one mobile device owned or leased solely by you and in accordance with the features made available to you. You may not: (i) modify, disassemble, decompile or reverse engineer the software underlying the Mobile App (“Mobile Software”), except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that we may, from time to time, issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms of Use will apply to all such upgrades. Any third-party code incorporated in the Mobile Software is covered by the applicable open source or third-party license end user license agreement, if any, authorizing such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof. We or our third-party partners or suppliers retain all rights, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.

Mobile Software provided from App Store by Apple

The following applies to any Mobile Software you acquire from the App Store, owned by Apple Inc. (“Apple”) including, but not limited to, Apple’s mandatory and proprietary voice-to-text translations tool available through the Mobile App (“App Store-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as a provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as a provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

Mobile Software provided from Google Play Store The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) We, and not Google, are solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to our Google-Sourced Software.

Intellectual Property Rights

The Company Apps and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Company Apps for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Company Apps, except as follows:

• Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print one copy of a reasonable number of pages of the Company Apps for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features. Our social media integrations are made available by us, at our sole discretion, and may change from time-to-time.

  You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  You must not access or use for any commercial purposes any part of the Company Apps or any services or materials available through the Company Apps.

  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company Apps in breach of the Terms of Use, your right to use the Company Apps will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Company Apps or any content on the Company Apps is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Company Apps not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  Trademarks

  The Company name, the brand Nytch, the Company logo, and all related names, logos, product and service names, designs, and slogans (“Brand Elements”) are trademarks of the Company or its affiliates or licensors. You must not use such Brand Elements without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Company Apps are the trademarks of their respective owners.

  Prohibited Uses

  You may use the Company Apps only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Company Apps:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Company Apps or which, as determined by us, may harm the Company or users of the Company Apps or expose them to liability.

  Additionally, you agree not to:

• Use the Company Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Company Apps, including their ability to engage in real-time activities through the Company Apps.

• Use any robot, spider, or other automatic devices, process, or means to access the Company Apps for any purpose, including monitoring or copying any of the material on the Company Apps.

• Use any manual process to monitor or copy any of the material on the Company Apps or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Company Apps.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Company Apps, the server on which the Company Apps is stored, or any server, computer, or database connected to the Company Apps.

• Attack the Company Apps via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise, attempt to interfere with the proper working of the Company Apps.

  User Contributions

  The Company Apps may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, activity feeds, private group features, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Company Apps.

  All User Contributions must comply with the Content Standards set out in these Terms of Use.

  Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Company Apps, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. We will not publish your User Contributions to the general public. To be clear, we do our best not to monitor or mine your user content or data unless it is absolutely necessary to operate and manage our Company Apps, and we never share your data or content with third parties for marketing purposes.

  You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and each of their respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Company Apps.

  Monitoring and Enforcement; Termination

  We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Company Apps or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Company Apps.

• Terminate or suspend your access to all or part of the Company Apps for any or no reason, including, without limitation, any violation of these Terms of Use.

  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Company Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  However, we do not undertake to review material before it is posted on the Company Apps and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

  Content Standards

  These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  Copyright Infringement

  The Company responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Company Apps infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:

  hello@nytch.me.
  Subject Line: DMCA Compliance

Please provide the following information:

• A description of the copyrighted work you believe to have been infringed;

• A description of the URL or other location on our Website of the material you believe to be

  infringing;

• Your name, mailing address, telephone number and email address;

• A statement that you have a good faith belief that the disputed use is not authorized by the

  copyright owner, its agent, or the law;

• A statement by you, which you make under penalty of perjury, that the above information in your

  notice is accurate and that you are the copyright owner or authorized to act on the copyright

  owner’s behalf; and

• An electronic or physical signature of the person authorized to act on behalf of the copyright

  owner.

  Reliance on Information Posted

  The information presented on or through the Company Apps is made available solely for general information purposes. We do not warrant this information's accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Company Apps, or by anyone who may be informed of any of their contents.

  The Company Apps may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

  Changes to the Company Apps

  We may update the content on the Company Apps from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Company Apps may be out of date at any given time, and we are under no obligation to update such material.

  Information About You and Your Visits to the Company Apps

  All information we collect on the Company Apps is subject to our Privacy Policy. By using the Company Apps, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  No fees for shoppers: Company Apps are made available to shoppers without the assessment of a membership or subscription fee.

  Online Product Listings and Commercial Terms

  You agree that by placing an order and agreeing to these Terms of Use, you are entering into a binding contract with us and agree to pay all charges that may be incurred by you or on your behalf through the Company Apps at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

  All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Company Apps are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and images of the products that appear on the Company Apps. We cannot guarantee that your computer monitor's display of any color will be accurate.

  At its sole discretion,we may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past purchases. Promotions are non-transferable, and there is no cash alternative. Promotions cannot be used in conjunction with other Promotions or offer and must be used by the date published, if any. We reserve the right at any time without notice to retract or change any Promotions.

We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

Payment, Shipping & Returns

Payment Processing. We accept many “third party payment providers” (i.e. Apple Pay, Google Pay, and Stripe and most major debit and credit cards). For payments through third party payment providers, you may be directed to their website. It is your responsibility to familiarize yourself with the third party payment provider’s terms and conditions, and privacy policy.

You acknowledge and agree that the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All cardholders are subject to validation and authorization by the issuer of the card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders.

Shipping and Returns. As an online marketplace, shipping, returns and exchanges are subject to the specific shipping and return policy of the seller who sold the item(s) you purchased. That includes things like different shipping options, how long you have to return an item, what can be returned or what must be exchanged, etc. Retail Partners are solely responsible for the processing of any returns for items purchased through the use of Company Apps. For the avoidance of doubt: we do not offer shipping on any items purchased through Company Apps and any obligation to undertake the same by our Retail Partner is solely the obligation of said Retail Partner. By agreeing to these Terms of Use, you do hereby release us of any liability or responsibility or any kind for any fulfillment obligation agreed to separately by you and our Retail Partner(s).

Linking to the Company Apps and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Company Apps may provide certain social media features that enable you to:

●  Link from your own or certain third-party social media websites to add content to your profile on the Company Apps, and with respect to any content you contribute that uses third-party social media websites (like YouTube or TikTok), you affirm that, in addition to complying with these Terms of Use and our Privacy Policy, you are also complying with Terms of Use and Privacy Policy of the third-party social media website from which you are sourcing your content.

• Send emails or other communications with certain content or links to certain content on the Company Apps.

• Cause limited portions of content on the Company Apps to be displayed or appear to be displayed on your own or certain third-party websites.

• You may use these features solely as we provide them, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Cause the Company Apps or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Company Apps other than the homepage or your personal profile page.

• Otherwise, take any action with respect to the materials on the Company Apps that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking or on which you make certain content accessible must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Company Apps

If the Company Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Company Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Company Apps is based in the State of California in the United States. We provide the Company Apps primarily for use by persons in the northwestern states of the United States, but we expect other Users who live outside of California. Accordingly, we make no claims that the Company Apps or any of their contents are accessible or appropriate outside of California. Access to the Company Apps may not be legal by certain persons or in certain states outside of California. If you access the Company Apps from outside California, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Company Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Company Apps, including, but not limited to, your User Contributions, any use of the Company Apps' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Company Apps.

Governing Law and Jurisdiction

All matters relating to the Company Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Company Apps shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Sacramento and Sacramento County. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Company Apps, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and Nytch, Inc. regarding the Company Apps and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Company Apps.

Communications

You agree to receive communications from the Company, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to us, you are required to notify us when you cease to own or control that number to help prevent us from sending communications to others who may acquire that number.

Your Comments and Concerns

This website is operated by:

Nytch, Inc.
PO Box 8493 Woodland, CA 95776

All feedback, comments, requests for technical support, and other communications relating to the Company Apps should be directed to: hello@nytch.me.