Nimbus Value, LLC | Effective Date: July 13, 2026 | Version 3.0
These Terms of Service ("Terms") are a legal agreement between you ("you" or "Customer") and Nimbus Value, LLC, a Virginia limited liability company ("Nimbus Value," "we," "us," or "our"). By accessing or using the Nimbus Value platform (the "Service"), or by clicking a box indicating acceptance, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" refers to both you and that organization. These Terms apply to all users, including individual users and users associated with an organization account. The Service is offered solely to users located in the United States; by using the Service, you represent that you are located in the United States.
PLEASE READ SECTION 15 CAREFULLY. IT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
Nimbus Value provides a sales enablement and customer relationship management platform that includes customer profiling, sales assessments, goal tracking, initiative management, business case creation, and AI-powered analytics. The Service is provided on a subscription basis and may include free trial periods. We may modify, add, or remove features of the Service from time to time; if a modification materially reduces the core functionality of a paid subscription, your sole remedy is to terminate your subscription and receive a pro-rated refund of prepaid, unused fees.
To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Nimbus Value immediately at legal@nimbusvalue.com of any unauthorized use of your account.
Organization administrators are responsible for managing user access within their organization, ensuring that all users comply with these Terms, and serving as the point of contact for data requests relating to the organization's account.
Access to paid features of the Service requires payment of subscription fees at the rates presented at purchase or in an applicable order form. Except as expressly stated in these Terms, all fees are non-refundable and non-cancelable once paid.
The Service is billed on a per-seat basis at the rate presented at purchase or in your order form, billed in advance for each subscription term for the number of licensed seats. Because billing is per-seat, your total recurring charge is the per-seat rate multiplied by your licensed seat count, and your total will change if you add or remove seats; seat changes are prorated for the remainder of the then-current term as described at purchase. Direct subscriptions are processed by our third-party payment processor; subscriptions purchased through the AWS Marketplace are billed by Amazon Web Services under your AWS account and the applicable AWS Marketplace terms.
Your subscription continues until you cancel. Unless you cancel before the end of the then-current term, your subscription will automatically renew for successive renewal terms equal in length to your then-current term, at the then-current rates, and you authorize us (or, for AWS Marketplace purchases, AWS) to charge the applicable payment method for each renewal term. Month-to-month subscriptions continue until cancelled. Cancellation takes effect at the end of the then-current term.
Before you become obligated to pay, we present the automatic-renewal terms clearly and conspicuously, and in visual proximity to your request to subscribe, including: (i) that the subscription continues until you cancel; (ii) the cancellation policy; (iii) the recurring charge, and that the amount may change (for example, as you add or remove seats); (iv) the length of each renewal term, or that the service is continuous; and (v) any minimum seat or term commitment. We obtain your affirmative consent to those terms before charging you, and we will not charge you for an initial term or any renewal without first obtaining that consent.
After you subscribe, we send you an acknowledgment that you can retain (for example, by email) that includes the automatic-renewal terms, the cancellation policy, and instructions for how to cancel.
We keep records of your subscription, your affirmative consent to the automatic-renewal terms, and your transactions, and we retain them for the periods described in our Privacy Policy (including periods required by tax, automatic-renewal, and other applicable laws). Our collection, use, and retention of your personal information are governed by our Privacy Policy.
You may cancel at any time, and cancellation is at least as easy as signing up. Because you can subscribe to and manage the Service online, you can cancel online at any time through Settings → Billing in the Service or through the customer billing portal, without contacting us by phone or email and without speaking to a live or virtual representative. You may also cancel through any channel you used to sign up, and we will not require steps materially more burdensome than sign-up. If you subscribed through the AWS Marketplace, you cancel through your AWS account or the AWS Marketplace console, and we will promptly cease provisioning in accordance with your entitlement. Cancellation stops future renewals; your access continues through the end of the term for which you have already paid.
For subscriptions that renew on an annual or longer basis, we will send you a reminder in advance of each renewal that identifies the product or service, the amount and frequency of the charge, the renewal date, the date by which you must cancel to avoid the next charge, and how to cancel. We send this reminder in the medium you used to enroll, or that you ordinarily use to interact with us.
We may change subscription fees upon at least 30 days' notice; changes apply at your next renewal. Our notice will describe the change and explain how to cancel if you do not agree; if you do not agree to a price change, your remedy is to cancel before renewal.
Free trials do not convert automatically into paid subscriptions, and no payment method is charged in connection with a trial. At the end of the trial period, access to paid features ends unless you affirmatively subscribe and complete checkout.
We may suspend access to the Service for accounts more than 15 days past due, after notice. Undisputed overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, other than taxes on Nimbus Value's net income.
For customers located in a U.S. state with an automatic-renewal or continuous-service statute, the following applies and controls over any conflicting provision in this Section 4:
California. You may cancel by the same medium you used to enroll, or the medium you ordinarily use to interact with us; we send an annual reminder for any automatically renewing subscription that identifies the service, the frequency and amount of charges, and how to cancel; and we notify you of any fee change between 7 and 30 days before it takes effect, with instructions on how to cancel. Any free-to-pay conversion is treated as an automatic renewal.
Virginia. Your subscription continues until you cancel; cancellation is available through every channel that was available for sign-up and is at least as easy as sign-up; and for subscriptions that renew for a term longer than twelve (12) months, we send the advance renewal reminder described above. These protections extend to qualifying small-business customers as provided by Virginia law.
Other states. Where another state's automatic-renewal law imposes additional or stricter requirements, we will comply with those requirements for customers located in that state.
You agree not to:
We may suspend access immediately, with notice, if we reasonably believe your use violates this Section or threatens the security or integrity of the Service.
You retain all ownership rights in data, documents, and content you upload to the Service ("Customer Data"). You grant Nimbus Value a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely (a) to provide the Service to you and your organization, and (b) in aggregated, de-identified form that cannot identify you, your organization, or your customers, to improve the Service. Google user data is excluded from clause (b) and is used only as described in our Privacy Policy.
You represent and warrant that you own or have all rights, consents, and legal bases necessary to provide Customer Data to the Service — including any personal information of your own customers, prospects, and contacts — and that Customer Data and your use of it through the Service do not violate any law or third-party right.
The Service records a meeting only if you invite the recording feature by providing a meeting link within the application; it does not otherwise record your meetings. When invited, the feature captures the meeting audio and video, including any content shared on screen, together with any transcript and AI-derived outputs, all of which are Customer Data. You are responsible for providing any notice to, and obtaining any consent from, all meeting participants that applicable law requires before you invite the recording feature to a meeting, including under state laws that require the consent of all parties to record a conversation. You represent and warrant that you have obtained all such consents.
The Service, including its original content, features, functionality, software, and models, is owned by Nimbus Value or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. No rights are granted to you other than as expressly set forth in these Terms.
As between you and Nimbus Value, and subject to your compliance with these Terms, you own the output generated for you by the Service's AI features (such as business cases, analyses, and recommendations), excluding any Nimbus Value pre-existing materials, templates, or frameworks embodied in the output, which remain ours and are licensed to you for use within the Service's intended purpose. You acknowledge that AI output may not be unique and that similar output may be generated for other customers.
If you provide suggestions, ideas, or feedback about the Service, you grant Nimbus Value a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.
Your use of the Service is also governed by our Privacy Policy (available at nimbusvalue.com/privacy.html), which is incorporated into these Terms by reference.
The Service includes AI-powered features that generate suggestions, analyses, scores, and recommendations. AI-generated content is provided for informational purposes only, may contain errors or inaccuracies, and should not be relied upon as professional, legal, financial, or other advice. Nimbus Value does not guarantee the accuracy, completeness, or reliability of AI-generated content. You are solely responsible for reviewing and validating any AI-generated output before acting on it, and for any decisions made or actions taken in reliance on it.
Nimbus Value strives to maintain high availability of the Service but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime. Nothing in these Terms constitutes a service level agreement or uptime commitment unless set forth in a separate written agreement signed by Nimbus Value.
THE SERVICE, INCLUDING ALL CONTENT AND AI-GENERATED OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMBUS VALUE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NIMBUS VALUE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NIMBUS VALUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) NIMBUS VALUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO NIMBUS VALUE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE PAID NO FEES.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
You will defend, indemnify, and hold harmless Nimbus Value and its members, managers, officers, employees, and agents from and against any third-party claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that Customer Data was collected, uploaded, or used without required rights or consents; (b) your use of the Service in violation of these Terms or applicable law; or (c) decisions made or actions taken by you or your organization in reliance on AI-generated output.
We will provide you with prompt notice of any such claim and reasonable cooperation at your expense; we may participate in the defense with counsel of our choosing.
You may stop using the Service at any time and may cancel your subscription as described in Section 4.
Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure within 15 days of notice (or immediately, without a cure period, for breaches of Sections 5 or 6 or non-payment).
We may terminate your account without cause upon 30 days' written notice, in which case we will refund a pro-rated portion of any prepaid, unused subscription fees.
We may suspend (rather than terminate) access as described in Sections 4 and 5.
Upon termination, your right to use the Service ceases. You may export your Customer Data within 30 days after termination. After that period, we delete or de-identify your personal information in accordance with the retention schedule in our Privacy Policy, except for records we are required or permitted by law to retain (such as subscription, billing, and consent records), and residual copies may persist in encrypted backups as described in the Privacy Policy.
Sections 4 (amounts owed), 6, 8, 10, 11, 12, 13, 14, 15, and 16 survive termination.
Nimbus Value may modify these Terms from time to time. We will notify users of material changes at least 30 days before they take effect, via email or through the Service, and will update the effective date above. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you do not agree, you must stop using the Service and may cancel as described in Section 4. Changes do not apply retroactively to disputes arising before the effective date. Prior versions are archived and available upon request.
These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions, and the parties' exclusive venue for any claims not subject to arbitration is the state or federal courts located in Fairfax County, Virginia.
Before filing a claim, each party agrees to attempt informal resolution by written notice to the other (for Nimbus Value: legal@nimbusvalue.com) and 30 days of good-faith discussion.
Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, with the seat of arbitration in Fairfax County, Virginia, with the option of a remote or virtual hearing. Judgment on the award may be entered in any court of competent jurisdiction.
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder shall be arbitrated.
You may opt out of this arbitration provision by emailing legal@nimbusvalue.com within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.
To the extent permitted by law, any claim arising out of these Terms or the Service must be filed within one (1) year after the claim accrues, or it is permanently barred.
These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on that subject. In the event of conflict, a signed order form controls over these Terms.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
You may not assign these Terms without our prior written consent. Nimbus Value may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets.
Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, or failures of third-party providers.
You represent that you are not located in, or a resident or national of, any country subject to comprehensive U.S. sanctions or on any U.S. government restricted-party list, and you agree to comply with all applicable export control and sanctions laws in using the Service.
Failure to enforce any provision is not a waiver of the right to enforce it later.
The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
We may provide notices by email to the address on your account or through the Service. Legal notices to Nimbus Value must be sent to legal@nimbusvalue.com and to Nimbus Value, LLC, 26572 Cadmus Ct., Centreville, VA 20120.
If you have any questions about these Terms, please contact us at legal@nimbusvalue.com.
Nimbus Value, LLC, 26572 Cadmus Ct., Centreville, VA 20120