These Terms of Use ("Terms") govern access to and use of the Nimble Operating System ("NOS," "Service," "we," "us," or "our"), provided by Nimble CTO, LLC — including the NOS website, platform, software, documentation, integrations, APIs, and related services.
By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" means both you and that organization.
1. Service overview
NOS is a multi-tenant platform that helps leadership teams assess, prioritize, and improve how their organizations operate across product, value, platform, operating, and risk disciplines. The Service may include assessments and readiness scoring, evidence gathering, prioritization tools, operating-cadence features, AI-assisted analysis, integrations with third-party systems, and related support or consulting services delivered through the platform.
2. Account registration and access
You need an account to use the Service. You agree to provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your credentials, for all activity under your account, for configuring user access and permissions appropriately, and for promptly notifying us of suspected unauthorized access. We may suspend or restrict access if we reasonably believe an account is compromised, misused, or presents a security, legal, or operational risk.
3. Customer content
"Customer Content" means the data, documents, evidence, assessments, decisions, and other information you or your users submit to or generate in the Service. You retain ownership of Customer Content. You grant us a limited right to host, process, transmit, and display Customer Content solely as necessary to provide, secure, maintain, support, and improve the Service, comply with law, and fulfill our obligations under these Terms.
You are responsible for ensuring that:
- you have the right to submit Customer Content to the Service;
- Customer Content does not violate law or third-party rights;
- Customer Content does not include prohibited or unauthorized sensitive information; and
- your users comply with these Terms and applicable policies.
4. Acceptable use
You may not use the Service to:
- violate applicable law or regulation;
- infringe intellectual property, privacy, publicity, or other rights;
- upload malware, harmful code, or malicious content;
- attempt unauthorized access to systems, accounts, networks, or data;
- interfere with or disrupt the Service;
- reverse engineer, decompile, or attempt to derive source code except where allowed by law;
- circumvent usage limits, security controls, or access restrictions;
- build a directly competing product except as permitted in writing;
- submit highly sensitive regulated data unless explicitly approved in writing; or
- use AI-assisted features for unlawful, deceptive, or high-risk automated decision-making.
We may remove content or suspend access if we reasonably believe these Terms have been violated.
5. AI-assisted features
The Service may include AI-assisted features for analysis, summarization, scoring support, and document processing. AI-generated outputs may be incomplete, inaccurate, or inappropriate, and should be reviewed by qualified humans before reliance. You are responsible for decisions made using AI-assisted outputs; AI-assisted features are not a substitute for professional legal, financial, security, engineering, or compliance advice. Unless otherwise stated in a separate written agreement, we do not use Customer Content to train public AI models.
6. Privacy and data protection
Our collection and use of personal information is described in the Privacy Policy. Customers are responsible for providing any required notices, obtaining any required consents, and ensuring their use of the Service complies with applicable privacy and data protection laws.
7. Security
We maintain reasonable administrative, technical, and organizational safeguards designed to protect the Service and Customer Content. You are responsible for managing user access, protecting credentials and authentication factors, configuring integrations securely, and maintaining appropriate endpoint and network security. No system is completely secure, and we do not guarantee that unauthorized access, data loss, or security incidents will never occur.
8. Third-party services and integrations
The Service may connect to third-party services (code repositories, project management tools, document repositories, data rooms, cloud platforms, AI infrastructure providers). Your use of third-party services is governed by their own terms and privacy policies. We are not responsible for third-party services or their handling of data outside our control. You authorize us to exchange information with third-party services as configured by you or your organization.
9. Intellectual property
We and our licensors retain all rights, title, and interest in and to the Service, including software, templates, assessment frameworks, documentation, designs, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. You may not remove proprietary notices, misuse our marks, or claim ownership of the Service or underlying materials except for your Customer Content.
10. Feedback
If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation, provided we do not disclose your confidential information in doing so.
11. Fees and payment
If paid plans apply, fees, billing terms, renewal terms, taxes, and cancellation rights will be described in an order form, subscription page, statement of work, or other written agreement. Unless otherwise stated: fees are non-refundable except as required by law or contract; you are responsible for applicable taxes; failure to pay may result in suspension or termination; and subscription terms may renew automatically if agreed in the applicable order.
12. Confidentiality
Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and will use it only for purposes related to the Service or applicable agreement. Confidential information does not include information that is public, already known without restriction, independently developed, or lawfully received from a third party.
13. Termination
You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms, payment is overdue, continued access creates security, legal, or operational risk, we are required to by law, or the Service is discontinued. Upon termination your right to use the Service ends. Sections concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnity, and disputes survive termination.
14. Disclaimers
The Service is provided "as is" and "as available" unless otherwise agreed in writing. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation. NOS is not legal, financial, tax, accounting, security, compliance, or engineering certification advice; you are responsible for independent review before relying on outputs.
15. Limitation of liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, business opportunity, or business interruption. Unless otherwise agreed in writing, our total liability arising out of or relating to the Service will not exceed the amounts paid by you for the Service during the twelve months before the event giving rise to the claim, or one hundred dollars ($100) if no amounts were paid. Some jurisdictions do not allow certain limitations, so some may not apply to you.
16. Indemnification
You agree to defend, indemnify, and hold us harmless from claims, damages, liabilities, costs, and expenses arising from your use of the Service, your Customer Content, your violation of these Terms or of law or third-party rights, or your integrations and systems connected to the Service.
17. Governing law and disputes
These Terms are governed by the laws of the jurisdiction of Nimble CTO, LLC's formation (to be confirmed before publication), without regard to conflict-of-law rules. Disputes will be resolved in the courts located in that jurisdiction unless another dispute resolution process is specified in a written agreement.
18. SMS and text messaging
If you add and verify a mobile phone number, you may opt in to receive text messages from NOS for the purposes you enable — sign-in (two-factor authentication) codes and account and security notifications you turn on. Consent to receive texts is optional and is not a condition of using the Service. We do not send marketing or promotional text messages.
Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP to any message; reply HELP for help. Carriers are not liable for delayed or undelivered messages. Your use of text messaging is also governed by our Privacy Policy.
19. Changes to these Terms
We may update these Terms from time to time. If changes are material, we will provide notice as required by law or contract. Continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms.
20. Contact
Questions about these Terms may be sent to Nimble CTO, LLC (legal contact email to be confirmed before publication).