Terms and Conditions
Last Updated: September 2026
These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Noseanite ("Company," "we," "us," or "our") governing your access to and use of the noseanite.info website located at noseanite.info (the "Site") and any associated software-as-a-service applications, platforms, dashboards, APIs, and related services offered by Noseanite (collectively, the "Services"). By accessing, browsing, registering for, or otherwise using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must not access or use the Services.
These Terms are intended to comply with applicable federal and state laws of the United States, including the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (the "FTC Act"), which prohibits unfair or deceptive acts or practices, and the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 ("ROSCA"), which governs certain negative-option and recurring billing practices. Where the Services involve the licensing of computer information, the Uniform Computer Information Transactions Act ("UCITA"), as adopted in Maryland, Virginia, and Louisiana, may apply to the extent relevant; however, these Terms are designed to operate consistently with the Uniform Commercial Code (UCC) Article 2 as adopted by the states, particularly with respect to any transactions involving goods. Our Privacy Policy, available at privacy-center.php, and our Cookie Policy, available at cookie_notice.php, are incorporated herein by reference and form an integral part of these Terms.
If you are entering into these Terms on behalf of a business entity, corporation, partnership, or other organization, you represent and warrant that you have the legal authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and that entity. Any breach of these Terms by an employee, contractor, or agent acting under your authority shall be deemed a breach by you. We reserve the right to update, modify, or amend these Terms at any time in accordance with the "Changes to Terms" section below, and your continued use of the Services following the effective date of any revised Terms constitutes your acceptance of the updated agreement.
1. Acceptance of Terms
By clicking "I Agree," checking a box indicating acceptance, executing an order form or subscription agreement, or otherwise accessing or using the Services, you affirmatively consent to these Terms and acknowledge that this action constitutes your electronic signature under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq. (E-SIGN Act), and the Uniform Electronic Transactions Act (UETA) as adopted by the relevant state. You further represent that you are at least 18 years of age (or the age of legal majority in your jurisdiction) and possess the legal capacity to enter into a binding contract. If you are under 18, you may not access or use the Services under any circumstances.
Your acceptance of these Terms is a material condition of your use of the Services. We may, in our sole discretion, require additional agreements—such as order forms, statements of work, service level agreements, or acceptable use policies—that supplement, modify, or supersede portions of these Terms. In the event of a conflict between these Terms and any such additional agreement, the terms of the additional agreement shall control with respect to the specific subject matter addressed therein, unless the additional agreement expressly states otherwise. You are responsible for reviewing all applicable agreements before using the Services.
The Services are not intended for use by children under 13, and we do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 ("COPPA"), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments). If we learn that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information in accordance with applicable law. Parents who believe their child has provided information to us may contact us using the contact information provided in the "Contact Information" section below.
2. Use of Service
Noseanite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business or personal purposes, subject to your compliance with these Terms and any applicable subscription or order form. This license does not include any right to resell, redistribute, repackage, or otherwise commercialize the Services without our prior written consent. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services, including but not limited to the FTC Act's prohibitions on unfair or deceptive practices, ROSCA's requirements regarding negative-option billing and recurring subscriptions, and all applicable state consumer protection laws. If your use of the Services involves the processing of personal information, you are solely responsible for ensuring your compliance with the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other applicable State comprehensive privacy laws (TX, OR, MT, FL, TN, etc.). Where your data is subject to sector-specific regulation—such as the Health Insurance Portability and Accountability Act (HIPAA) for protected health information or the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions—you represent that you have obtained all necessary authorizations, consents, and business associate agreements before submitting such data to the Services.
The Services may include features that utilize cookies, web beacons, tracking pixels, and similar technologies. Our use of these technologies is described in detail in our Cookie Policy, available at cookie_notice.php. We honor Global Privacy Control (GPC) signals and the "Do Not Sell or Share My Personal Information" opt-out mechanism as required by the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.120, § 1798.135). You acknowledge that certain features of the Services may not function properly if you disable cookies or opt out of certain tracking technologies. We also comply with the Electronic Communications Privacy Act, 18 U.S.C. § 2511, and applicable state wiretapping and computer privacy statutes, including the California Invasion of Privacy Act § 631, with respect to any session-replay or similar monitoring functionality.
3. User Obligations
You are solely responsible for all content, data, information, files, and materials that you upload, submit, transmit, or store through the Services (collectively, "User Content"). You represent and warrant that you possess all necessary rights, licenses, and permissions to submit your User Content to the Services and that your User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party. You further represent that your User Content complies with all applicable laws and does not contain any material that is defamatory, obscene, fraudulent, deceptive, or otherwise unlawful.
You agree to maintain the confidentiality and security of your account credentials, including usernames, passwords, and API keys, and you accept full responsibility for all activities that occur under your account. You must immediately notify Noseanite of any unauthorized use of your account or any other security breach of which you become aware. We are not liable for any loss or damage arising from your failure to safeguard your credentials. You may not share your account access with third parties, permit multiple individuals to use a single account, or use the Services to develop, offer, or distribute a competing product or service.
You agree not to: (a) access or use the Services in any manner that could violate the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, or analogous state computer crime statutes; (b) attempt to gain unauthorized access to any portion of the Services, other accounts, or any computer systems or networks connected to the Services; (c) introduce or attempt to introduce any viruses, worms, malware, Trojan horses, or other malicious code; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any component of the Services, except to the extent such prohibition is expressly prohibited by applicable law; (e) use the Services to send unsolicited commercial communications in violation of the CAN-SPAM Act, 15 U.S.C. §§ 7701 et seq., or the Telephone Consumer Protection Act, 47 U.S.C. § 227; (f) scrape, crawl, or use automated means to extract data from the Services; or (g) use the Services in any manner that could subject Noseanite to regulatory action or liability under the FTC Act or any other applicable law.
4. Intellectual Property Rights
All right, title, and interest in and to the Services—including the Site design, text, graphics, logos, user interfaces, software, source code, documentation, algorithms, models, databases, and all related intellectual property—are and shall remain the exclusive property of Noseanite or its licensors. The Services are protected by United States and international intellectual property laws, including without limitation copyright laws, trademark laws, patent laws, and trade secret laws. Except for the limited license expressly granted in these Terms, no license or other right, whether express or implied, in or to the Services is granted to you.
You retain all right, title, and interest in and to your User Content, including all intellectual property rights therein. By submitting User Content to the Services, you grant Noseanite a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, transmit, display, and distribute your User Content solely for the purpose of operating, maintaining, improving, and providing the Services to you. This license shall terminate upon deletion of your User Content or termination of your account, except where retention is required by applicable law or for legitimate business or legal purposes.
Noseanite respects the intellectual property rights of others. We have implemented a policy for addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any content available through the Services infringes your copyright, you may submit a takedown notice to our designated copyright agent at [email protected]. We reserve the right to terminate the accounts of users who are found to be repeat infringers of intellectual property rights. All trademarks, service marks, and trade names displayed on the Services are the property of Noseanite or their respective owners, and nothing in these Terms grants you any right to use any such marks.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Noseanite, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Noseanite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF Noseanite AND ITS LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO Noseanite FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Certain states do not permit the exclusion or limitation of certain damages, including consequential, incidental, or punitive damages, or the limitation of liability for gross negligence, willful misconduct, or fraud. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. Nothing in these Terms is intended to limit or exclude liability that cannot be limited or excluded under the laws of the state in which you reside, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. You acknowledge that the limitations of liability set forth herein are a reasonable allocation of risk between the parties and form an essential basis of the bargain between you and Noseanite.
6. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Noseanite EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Noseanite DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
Noseanite DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE SERVICES WILL FUNCTION IN COMBINATION WITH ANY OTHER SOFTWARE, SERVICE, OR SYSTEM. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Noseanite OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
To the extent any applicable law prohibits the disclaimer of any implied warranties, any such warranties are limited to the minimum period required by law, not to exceed thirty (30) days from the date of your first use of the Services. Because some jurisdictions do not permit the exclusion of certain warranties, some of the above exclusions may not apply to you. This section does not affect any statutory rights you may have as a consumer that cannot be excluded or limited by contract under applicable federal or state law, including rights under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312, where applicable.
7. Indemnification
You agree to defend, indemnify, and hold harmless Noseanite, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms or any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) any allegation that any information or material you provide is defamatory, obscene, or otherwise unlawful.
Noseanite will provide you with prompt written notice of any claim for which it seeks indemnification, and you shall assume the defense of such claim through counsel reasonably acceptable to Noseanite. Noseanite may participate in the defense of any claim with its own counsel at its own expense. You shall not settle any claim in a manner that imposes any obligation or admission of liability on Noseanite without our prior written consent, which shall not be unreasonably withheld. We reserve the right, at our option, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with us in the defense of such matter.
Your indemnification obligations shall survive the termination of these Terms or your access to the Services. These obligations are in addition to, and not in lieu of, any other rights or remedies Noseanite may have under these Terms, at law, or in equity. If you are required to indemnify Noseanite under this section, we may withhold any amounts owed to you under these Terms or any other agreement until the indemnification obligation is satisfied.
8. Governing Law
These Terms and any dispute or claim arising out of or relating to them or their subject matter (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any transaction contemplated hereby. The Uniform Commercial Code (UCC) Article 2 as adopted by the State of Delaware shall apply to the extent any transaction under these Terms involves the sale of goods, and the Uniform Computer Information Transactions Act (UCITA) shall not apply except to the extent adopted by the relevant state and not disclaimed herein.
You and Noseanite agree that the federal and state courts located in Delaware shall have exclusive jurisdiction over any dispute or claim arising out of or relating to these Terms or the Services, and you hereby consent to the personal jurisdiction of such courts and waive any objection based on forum non conveniens or improper venue. Notwithstanding the foregoing, Noseanite may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights. You waive any right to a jury trial in any proceeding arising out of or relating to these Terms or the Services.
If any provision of this Governing Law section is found to be unenforceable, the remaining provisions shall continue in full force and effect. The parties agree that these Terms involve transactions in interstate commerce governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and nothing in these Terms shall be construed to limit or override the applicability of the FAA. No course of dealing or usage of trade shall be relevant to supplement or explain any term used in these Terms.
9. Dispute Resolution
Except for claims seeking injunctive or equitable relief relating to intellectual property or confidential information (which may be brought in any court of competent jurisdiction as provided in the Governing Law section), any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Noseanite (collectively, "Disputes") shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time the arbitration is initiated. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be Delaware. The arbitrator's award shall be final and binding, and judgment may be entered on it in any court having jurisdiction.
Before initiating arbitration, you and Noseanite agree to first attempt to resolve any Dispute informally by sending a written notice of the dispute to the other party at the contact information provided below. The parties shall endeavor to resolve the dispute through good-faith negotiations within sixty (60) days of such notice. If the dispute is not resolved within that period, either party may initiate arbitration. Any claim or action must be brought within the applicable statute of limitations period, and the arbitrator shall apply such limitations period as a threshold issue. You may bring a claim in small claims court for matters that qualify, in lieu of arbitration, if permitted by applicable law.
You and Noseanite agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If any court or arbitrator determines that this class action waiver is unenforceable for any reason, then the arbitration agreement as a whole shall be deemed unenforceable, and the parties agree to litigate such claims in the state or federal courts located in Delaware. If you are a resident of a state that prohibits mandatory arbitration of consumer disputes, this arbitration provision shall not apply to the extent prohibited by applicable law. The filing of a lawsuit or initiation of arbitration by either party does not constitute a waiver of any right to seek injunctive relief.
10. Termination
You may terminate your account and stop using the Services at any time by following the instructions in your account settings or by contacting us at [email protected]. Noseanite may suspend, restrict, or terminate your access to the Services at any time, with or without cause and with or without prior notice, including if we reasonably believe that you have violated these Terms, applicable law, or the rights of any third party. Upon termination, all licenses and rights granted to you under these Terms shall immediately cease, and you must cease all use of the Services and destroy or return all materials provided by Noseanite.
If you have a paid subscription, termination of your account does not automatically result in a refund of any fees paid, except as expressly required by applicable law or as set forth in our refund policy. If Noseanite terminates your account for cause (i.e., due to your material breach of these Terms), no refund shall be issued. If you terminate a subscription that is subject to ROSCA's negative-option requirements, you may be entitled to a pro-rata refund of any prepaid fees for services not yet rendered, as required by 15 U.S.C. §§ 8401-8405 and applicable state law. All accrued rights and obligations of the parties as of the date of termination shall survive termination.
The following sections shall survive any termination of these Terms: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive. Termination of your account does not relieve you of any obligation to pay fees accrued prior to termination or any liability for acts or omissions occurring prior to termination. Noseanite shall not be liable to you or any third party for any termination of your access to the Services.
11. Changes to Terms
Noseanite reserves the right to modify, amend, or update these Terms at any time in its sole discretion. If we make material changes to these Terms, we will provide notice of such changes by posting the revised Terms on the Site and updating the "Last Updated" date at the top of this page. We may also, at our discretion, provide additional notice via email or in-app notification. Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the modified agreement.
For changes that materially affect your rights or obligations—such as changes to fees, billing practices subject to ROSCA, dispute resolution terms, or limitations of liability—we will provide at least thirty (30) days' advance notice where required by applicable law. If you do not agree to the revised Terms, you may terminate your account before the effective date of the changes, and you will not be bound by the revised Terms with respect to any period prior to termination. If you continue to use the Services after the effective date, you will be deemed to have accepted the changes.
You are responsible for regularly reviewing these Terms for updates. Noseanite is not responsible for any failure to notify you of changes if you have provided an outdated email address or if you have opted out of receiving communications from us. We recommend that you bookmark this page and review it periodically. The "Last Updated" date at the top of these Terms indicates the date of the most recent revision. If you have questions about any changes, you may contact us at [email protected].
12. Contact Information
If you have any questions, concerns, or requests regarding these Terms, the Services, or your account, please contact Noseanite using the following information:
- Company: Noseanite
- Email: [email protected]
- Phone: +17639271505
- Address: 350 Fifth Avenue, New York, NY 10118, United States
For legal notices, including DMCA takedown notices, notices of alleged copyright infringement, or demands for indemnification, please send written notice to the address above, with a copy to [email protected]. Notices sent by email shall be deemed received upon transmission, and notices sent by mail shall be deemed received three (3) business days after posting. Noseanite will respond to all legitimate inquiries in accordance with applicable law, including the FTC Act's prohibition on unfair or deceptive practices and all applicable state consumer protection statutes.
For privacy-related inquiries, including requests to exercise rights under the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), or other applicable State comprehensive privacy laws, please refer to our Privacy Policy at privacy-center.php or contact us at [email protected]. We are committed to responding to all verified consumer requests within the timeframes required by applicable law.
These Terms constitute the entire agreement between you and Noseanite with respect to the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Noseanite, and no failure or delay by Noseanite in enforcing any right shall constitute a waiver of that or any other right.