Terms of Service

Last Updated: September 1, 2024

Thank you for your interest in Necto Global, Inc. ( "Necto", "we", "us", "Company", or "our"), our website located at www.necto.co (the "Site"), our mobile applications (the "Mobile Apps"), and any associated websites and subdomains, applications, and services (collectively, the "Service"). This Terms of Service Agreement ("Terms") is a legally binding contract between you and Necto. By registering for an account, accessing or using the Service, or any portion thereof, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms. You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If the individual entering into this agreement or otherwise accessing or using the Service is doing so on behalf of, or within his or her capacity as a representative, agent, or employee of an entity, such individual and such entity agree that: (i) the terms "you" and "your" as used herein apply to such entity and such individual; and (ii) represent and warrant that the individual entering into these Terms has the power, right, authority, and capacity to enter into these Terms on behalf of such entity.

If you do not agree with all of the provisions of these Terms, you may not access or use the Service. These Terms are subject to occasional revision. Please regularly check the Site to view the most recent terms.

Eligibility

This is a contract between you and Necto. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Necto, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any users previously removed from the Service by Necto. The Service is only available to residents of the United States and is only intended for use in the United States. Any access to, or use of, the Service by non-U.S. residents is strictly prohibited and in violation of these Terms. Necto makes no representations that the Service is appropriate or available for use in other locations. By using the Service, you represent that you are a U.S. resident. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms.

1. Accounts

1.1. Account Creation

In order to use the Service, you must register for an account ("Account"). You promise that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

1.2. Account Responsibilities

You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account. You may not share your Account with anyone or create more than one Account.

1.3. Your Account

You agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by Necto.

1.4. Linking Your Data Sources

(a) To participate in data transactions and receive payment, you must link at least one eligible data source to your Account using OAuth2. Please note that not all data sources are eligible to be linked to your Account. All determinations as to whether a data source is eligible are at our sole discretion. (b) You may opt out of data sharing on the data sources you have registered by removing them in the Necto app. For more information on how we use your information, please refer to our Privacy Policy.

2. Data Sharing and Monetization

2.1. Necto Data Marketplace

The Necto Data Marketplace allows you to monetize your personal data by facilitating transactions between you and data buyers. By participating in the marketplace, you authorize Necto to act as an intermediary in these transactions.

2.2. Data Ownership and License

You retain ownership of your data. By using our Service, you grant Necto a non-exclusive, worldwide, royalty-free license to access, use, process, sell, copy, distribute, perform, export and display your data, only as reasonably necessary (a) to provide, maintain and update the Service; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by you.

2.3. Payment for Data Transactions

You will receive a percentage of the total transaction amount when your data is purchased by a data buyer. The exact percentage will be clearly communicated to you before each transaction. Necto retains the right to change this percentage at any time, with notice provided to you through the Service.

3. User Conduct

As a condition of your use of the Service, you agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party) to: (a) submit to our Service information that is false, inaccurate, tampered with, adjusted, or otherwise manipulated; (b) link your Necto Account to any data source that is not owned by you; (c) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (d) take any action that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another' s privacy, tortious, obscene, offensive, or profane; (e) impersonate any person or entity; (f) interfere with or attempt to interfere with the proper functioning of the Service or uses of the Service in any way not expressly permitted by these Terms; or (g) engage in any automated use of the Service, such as using scripts to send comments or messages.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Necto and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Service, you agree to our collection, use, and sharing of your information as described in our Privacy Policy.

6. Payment Processing

We use Stripe for payment processing. By using our services and accepting these Terms of Service, you also agree to be bound by Stripe's Terms of Service, which can be found at Stripe's Terms of Service. Please review these terms carefully.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NECTO AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NECTO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

9. Indemnification

You agree to indemnify and hold Necto, its officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses relating to or arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations.

10. Contact Information

Necto Global, Inc.

20 Exchange Place, New York, New York 10005

info@necto.co

Necto