Terms & Conditions

Welcome to Nurturepath Inc. (“Nurture,” “we,” “us,” or “our”), a subscription-based Software-as-a-Service (SaaS) platform designed to help churches foster deeper care and connection with their congregants. By accessing or using our platform at www.nurture.io (the “Platform”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of the Platform and our services, including data processing, subscriptions, and support. Please read them carefully and save a copy for your records. We reserve the right to update these Terms, with changes posted on this page and communicated via email or the Platform.

1. Service Delivery
Nurture provides a cloud-based SaaS platform to help churches understand and engage congregants through data-driven insights and communication tools. Services are delivered upon subscription purchase, subject to a setup process.
•  Access: Upon successful payment of setup fees and completion of initial data synchronization, we will activate your account and provide login credentials via email. You may begin using the Platform immediately after activation.
•  Onboarding: Our onboarding process, including account setup and customization to integrate with your existing tools (e.g., texting or email services), begins within 48 hours of purchase. This typically takes 7-10 days, depending on project complexity, during which our team collaborates with you for a seamless transition.
•  Service Availability: We strive to maintain 99.9% uptime, excluding scheduled maintenance announced at least 24 hours in advance. Temporary disruptions may occur due to unforeseen technical issues, and we will work promptly to restore access.

2. Subscription Terms
Nurture operates on a subscription model with monthly or annual billing, as selected at purchase.
•  Start Date: Your subscription begins on the date of purchase, following account activation.
•  Renewals: Subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless canceled in advance. You authorize us to charge the payment method on file for renewal fees, which are non-refundable except as stated in Section 3.
•  Upgrades/Downgrades: You may upgrade or downgrade your subscription plan at any time through your account settings. Changes take effect at the next billing cycle, with applicable charges or credits applied to your account.
•  Taxes: Subscription fees exclude applicable taxes, which will be added to your invoice unless you provide a valid tax-exempt certificate.

3. Refund Policy
We offer a satisfaction guarantee to ensure Nurture meets your needs.
•  14-Day Money-Back Guarantee: If you are not satisfied with the Platform, you may request a full refund of subscription fees (excluding setup fees) within 14 days of your initial purchase. Submit requests to support@nurture.io.
•  No Pro-Rated Refunds: Annual subscribers canceling after the 14-day period will not receive pro-rated refunds for unused time, except as required by law.
•  Setup Fees: Non-refundable unless the Platform fails to activate due to our error.

4. Cancellation Policy
You may cancel your subscription at any time without penalty.
•  Process: Cancel through your account settings or by emailing support@nurture.io. We will confirm cancellation within 48 hours.
•  Effective Date: Cancellation takes effect at the end of the current billing cycle, and you retain Platform access until then. No refunds are issued for unused time unless covered by Section 3.
•  No Fees: We do not charge cancellation fees.

5. Customer Support
Our support team is dedicated to assisting you with Platform usage, troubleshooting, and feature requests.
•  Channels: During onboarding, you’ll receive access to an online communication tool (e.g., Slack) for support, available 7 days a week. Alternatively, contact us at support@nurture.io or 615-882-4223.
•  Hours: Monday through Friday, 8:00 AM to 5:00 PM CST, with after-hours email support responded to within 24 hours.
•  Response Time: We aim to resolve critical issues within 4 hours and general inquiries within 24 hours during business hours.

6. Privacy and Data Policy
Nurture is committed to protecting Customer Data, including Personally Identifiable Information (PII), in compliance with applicable laws, such as the Colorado Privacy Act (ColoPA), California Consumer Privacy Act (CCPA), and principles aligned with the General Data Protection Regulation (GDPR) where relevant. This section outlines our data processing practices, security measures, and responsibilities.

6.1 Roles and Responsibilities
•  Nurture as Data Processor: Nurture acts as a data processor, processing Customer Data (including PII, such as congregant names, contact details, or engagement data) solely per your instructions and as necessary to provide the Platform’s services. You, as the data controller, remain responsible for the lawfulness of data collection, consent management, and compliance with applicable privacy laws.
•  API-Based Communication: Nurture facilitates communication (e.g., texting, email) through Customer-selected third-party services (e.g., Twilio, Mailchimp) via secure Application Programming Interfaces (APIs). Nurture does not directly provide texting or email services and is not responsible for the security, compliance, or performance of third-party platforms, provided Nurture maintains reasonable safeguards for API connections.
•  Customer Obligations: You agree to collect and input data lawfully, configure Platform permissions correctly (e.g., via Nurture’s Pathways feature), and comply with privacy laws. Illegal or unethical data practices may result in immediate termination of services, at our discretion.

6.2 Security Measures
•  Technical Safeguards: Nurture implements industry-standard measures, including:
•  Multi-factor authentication (MFA) for all Platform access.
•  Encryption of PII at rest and in transit (e.g., AES-256, TLS 1.2 or higher).
•  Regular security updates and vulnerability scans.
•  Access controls limiting data to authorized personnel.
•  Personal Devices: Nurture personnel may use personal devices to process Customer Data, provided they meet security standards equivalent to company-managed devices, including MFA, PII encryption, endpoint protection, and compliance with applicable laws or contracts (e.g., ISO 27001/27002 standards).
•  Third-Party APIs: API connections to third-party services are secured with encrypted protocols and secure authentication (e.g., OAuth 2.0), ensuring data integrity during transmission.

6.3 Compliance with Privacy Laws
•  State and Federal Laws: Nurture complies with applicable U.S. privacy laws, including ColoPA, CCPA, and others, by implementing technical and organizational measures to protect Customer Data and assist with your compliance obligations.
•  GDPR Principles: While primarily focused on U.S. laws, Nurture’s practices align with GDPR-like standards (e.g., data minimization, transparency) where applicable, ensuring robust protection for Customer Data.
•  Consumer Rights Assistance: Nurture assists with your obligations to respond to consumer rights requests (e.g., data access, deletion, opt-out) under laws like ColoPA, to the extent we process Customer Data. Requests should be submitted via support@nurture.io, and we will respond within 30 days or as required by law.
•  Contractual Flexibility: We agree to negotiate in good faith any amendments to these Terms or related agreements to address changes in privacy laws or Customer-specific requirements, ensuring continued compliance.

6.4 Data Breach Notification
•  Notification: In the event of a data breach within Nurture’s Platform or API integrations, we will notify you without undue delay, and no later than 24 hours where required by contract or 30 days per laws like ColoPA, providing details of the breach’s scope, impact, and mitigation steps.
•  Mitigation: We will take reasonable steps to contain and mitigate breaches within our control, at our expense, excluding breaches caused by third-party services or your actions (e.g., misconfiguration, unauthorized access by your users).
•  Cooperation: We will cooperate with you to investigate breaches, comply with regulatory requirements, and notify affected individuals as needed, per applicable laws or contracts.

6.5 Data Retention and Deletion
•  Retention: We retain Customer Data only as long as necessary to provide services or comply with legal obligations, typically no longer than 30 days post-subscription termination unless otherwise agreed.
•  Deletion: Upon your request or subscription termination, we will delete or anonymize Customer Data, except where required by law, within 30 days. Submit deletion requests to support@nurture.io.

6.6 Use of Subprocessors:
Nurture may engage third-party subprocessors (e.g., cloud hosting providers) to support Platform operations, listed at www.nurture.io/subprocessors. We ensure subprocessors meet equivalent security and privacy standards via written agreements.
•  Customer Consent: By using the Platform, you consent to our use of subprocessors, provided we notify you of changes and allow 30 days to object.

6.7 Audits and Assessments
•  Security Assessments: Upon request, Nurture may provide documentation or certifications (e.g., SOC 2, ISO 27001) to demonstrate compliance with security standards, subject to confidentiality agreements.
•  Audits: We are willing to cooperate with reasonable audits of our data processing practices, conducted at your expense, with at least 30 days’ notice, per applicable laws or contracts.

6.8 Liability for Data Practices
•  Shared Responsibility: Nurture is not liable for data exposures, breaches, or violations resulting from your improper data input, misconfiguration of Platform permissions, failure to follow provided guidance (e.g., Pathways feature), or issues within third-party services you select, provided we maintain reasonable safeguards.
•  Termination: We may terminate services immediately if you engage in illegal or unethical data practices, with no refund for unused time.

7. Insurance
Nurture maintains comprehensive insurance to protect against risks associated with Platform operations. Coverage levels may be disclosed upon request to legal@nurture.io.
•  Coverage: We hold general commercial liability and cybersecurity liability insurance, covering data breaches, privacy violations, and related claims.
•  Additional Insured: Customers may be added as additional insureds per written contract (e.g., Data Protection Addendum), upon request to legal@nurture.io. We will provide a certificate of insurance as proof.
•  Scope: Insurance covers breaches within Nurture’s Platform or API integrations, including notification costs, legal defense, and regulatory fines, subject to policy terms and limits.

8. Customer Referral and Promotions Policy
We value your success stories and offer optional incentives for promotional participation.
•  Marketing Participation: We may feature anonymized success stories or specific testimonials in marketing materials. We never use private Customer Data or communicate directly with your congregants without permission.
•  Discounts: Customers are opted into promotions (e.g., testimonials, case studies, brand/logo use on Nurture's website) by default and may receive discounted subscription rates, reflected in your contract. Opting out reverts any negotiated pricing to standard rates.
•  Opt-Out: To opt out of promotional participation, email legal@nurture.io with written notice. Opting out does not affect Platform access. Opt-out requests will be completed within 30 days of notice, and any applicable rate adjustments will go into effect immediately.

9. Copyright, Trademark, and Non-Compete Policy
Your use of the Platform is subject to intellectual property and non-compete protections.
•  Proprietary Rights: Nurture retains all rights to the Platform’s software, design, and proprietary features. You agree not to replicate, reverse-engineer, or develop competing products using Nurture’s proprietary elements.
•  Non-Compete: This obligation remains in effect for two years after your last engagement with or demonstration of the Platform. Violations may result in legal action.
•  Non-Disclosure: Access to the Platform implies your intent to use it solely for your organization, not to extract components for personal gain or develop similar methods without Nurture's approval.

10. Indemnification
•  By Nurture: We will indemnify you against third-party claims arising from our willful misconduct or gross negligence in processing Customer Data, up to the total subscription fees paid by you in the prior 12 months, provided such claims are not caused by your actions or third-party services.
•  By Customer: You will indemnify Nurture against claims arising from your unlawful data collection, misconfiguration, or misuse of the Platform, including legal fees and damages.
•  Conditions: Indemnification is subject to prompt notification, cooperation, and our mutual agreement on defense strategies.

11. Limitation of Liability
•  Exclusion: To the fullest extent permitted by law, Nurture’s liability for any claims, including data breaches, is limited to the subscription fees paid by you in the prior 12 months. We are not liable for indirect, consequential, or punitive damages.
•  Third-Party Services: We are not liable for issues arising from third-party texting, email, or other services you select, provided our API connections meet security standards.
•  Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, cyberattacks on third-party systems).

12. Dispute Resolution
•  Arbitration: Any disputes arising from these Terms will be resolved through binding arbitration in Austin, Texas, under the American Arbitration Association’s rules. You waive the right to a jury trial or class action lawsuit.
•  Governing Law: These Terms are governed by Texas law, excluding conflict of law principles.
•  Costs: Each party bears its own arbitration costs, unless otherwise determined by the arbitrator.

13. Contact Information
•  Email: support@nurture.io for support; legal@nurture.io for legal matters.
•  Phone: 615-882-4223
•  Hours: Monday through Friday, 8:00 AM to 5:00 PM CST
•  Address: Nurturepath Inc., 600 Broadway #1502, Nashville, TN 37203

14. Miscellaneous
•  Entire Agreement: These Terms, along with or as an inclusion with any executed Contracts, constitute the entire agreement between you and Nurture, superseding prior agreements.
•  Severability: If any provision is unenforceable, the remaining provisions remain in effect.
•  Assignment: You may not assign these Terms without our consent, except in a business sale or merger. Nurture may assign these Terms to a successor.
•  Notices: Notices must be in writing, sent via email (support@nurture.io) or certified mail to our address.

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