Terms of Service

Acceptance of Terms

Welcome to Nocean! These Terms of Service ("Terms") govern your access to and use of the Nocean platform, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Definitions

For purposes of these Terms:

• "Nocean," "we," "us," or "our" refers to Nocean, Inc. and its affiliates.

• "You" or "Customer" refers to the individual or entity using our Services.

• "Platform" refers to the Nocean AI-powered sales and customer success platform.

• "Content" means text, graphics, images, documents, and other materials you upload or create.

• "User Data" refers to all data and content submitted through your use of the Services.

Account Registration

To use our Services, you must create an account and provide accurate information:

Account Requirements

• You must be at least 16 years old to create an account

• You must provide accurate, complete, and current information

• You are responsible for maintaining the security of your account credentials

• You must notify us immediately of any unauthorized access to your account

• You are responsible for all activities that occur under your account

Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms.

Permitted Uses

You may use the Platform to:

• Create and manage sales portals for your business

• Collaborate with customers in deal rooms

• Generate AI-powered content for sales and customer success

• Track engagement and analyze customer interactions

• Integrate with third-party services (CRM, email, etc.)

Prohibited Uses

You agree NOT to:

• Violate any applicable laws or regulations

• Infringe on intellectual property rights of others

• Upload viruses, malware, or malicious code

• Attempt to gain unauthorized access to our systems

• Scrape, crawl, or spider our Services

• Reverse engineer or decompile our software

• Use the Platform to send spam or unsolicited communications

• Impersonate another person or entity

• Interfere with or disrupt the Services

• Use the Services for any illegal or unauthorized purpose

User Content and Data

You retain ownership of all content and data you submit to the Platform.

License Grant

By submitting content to Nocean, you grant us a limited, worldwide, non-exclusive license to use, store, process, and display your content solely to provide and improve the Services. This license terminates when you delete your content or close your account.

Content Responsibility

You are solely responsible for:

• The accuracy, quality, and legality of your content

• Obtaining necessary rights and permissions for content you upload

• Complying with applicable laws regarding your content

• Not uploading confidential information you are not authorized to share

Data Processing

We process your data in accordance with our Privacy Policy. Our use of AI to generate content, answer questions, and provide insights is covered under our data processing agreement.

Payment Terms

Certain features of our Services require payment. By subscribing to a paid plan, you agree to the following:

Subscription Plans

• Plans are billed monthly or annually in advance

• Prices are listed on our pricing page and may change with 30 days notice

• All fees are non-refundable except as required by law

• You authorize us to charge your payment method automatically

Free Trials

We may offer free trial periods. If you do not cancel before the trial ends, you will be automatically charged for a paid subscription.

Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. You will retain access to paid features until the end of your billing cycle.

Taxes

All fees are exclusive of applicable taxes (VAT, sales tax, etc.). You are responsible for paying all applicable taxes.

Intellectual Property Rights

Our Services and all associated content, features, and functionality are owned by Nocean and protected by copyright, trademark, and other intellectual property laws.

Nocean's IP

We retain all rights to:

• The Nocean platform software and source code

• Our trademarks, logos, and brand elements

• Documentation, guides, and training materials

• AI models and algorithms (excluding your data)

Feedback

If you provide feedback or suggestions about our Services, we may use them without any obligation to you. You grant us a perpetual, irrevocable license to use and incorporate your feedback.

AI and Machine Learning

Nocean uses artificial intelligence to power features like content generation, prospect-facing AI agents, and analytics.

AI Usage

• AI-generated content is provided "as-is" and should be reviewed before use

• We do not guarantee the accuracy or appropriateness of AI outputs

• You are responsible for any AI-generated content you use or share

• We do not use your proprietary data to train public AI models

AI Limitations

AI models may produce errors, biases, or inappropriate content. You should review and edit AI-generated content before publishing or sharing it with customers.

Warranties and Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOCEAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free

• Defects will be corrected

• The Services are free of viruses or harmful components

• Results obtained from using the Services will be accurate or reliable

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOCEAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

This includes damages for:

• Loss of profits, revenue, or business opportunities

• Loss of data or content

• Business interruption

• Loss of goodwill or reputation

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Nocean and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorney fees) arising from:

• Your use of the Services

• Your violation of these Terms

• Your violation of any rights of another party

• Your content or data

Third-Party Services and Integrations

Our Platform may integrate with third-party services (HubSpot, Salesforce, Slack, etc.). Your use of these integrations is subject to the third party's terms and privacy policies.

We are not responsible for the availability, functionality, or security of third-party services. Any issues with integrations should be directed to the respective third-party provider.

Confidentiality

Both parties agree to protect each other's confidential information. "Confidential Information" includes non-public technical, business, and financial information.

Exceptions to confidentiality:

• Information that becomes publicly available through no breach

• Information independently developed without use of confidential information

• Information required to be disclosed by law

Data Security and Privacy

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure.

You are responsible for maintaining the security of your account credentials. We recommend using strong passwords and enabling two-factor authentication.

For details on how we handle your data, please review our Privacy Policy.

Service Level and Uptime

We strive to maintain 99.9% uptime for our Services, but we do not guarantee uninterrupted availability.

Planned maintenance will be:

• Scheduled during low-traffic periods when possible

• Announced in advance (except for emergency maintenance)

• Completed as quickly as possible

Termination

Either party may terminate this agreement at any time.

By You

You may cancel your subscription and close your account at any time from your account settings.

By Us

We may suspend or terminate your access if:

• You violate these Terms

• Your account has been inactive for 12+ months

• We are required to do so by law

• Your use poses a security or legal risk

Effect of Termination

Upon termination:

• Your access to the Services will cease immediately

• Your data will be deleted within 30 days (except as required by law)

• You remain liable for any outstanding fees

• Provisions that should survive termination will remain in effect

Dispute Resolution

We hope to resolve any disputes amicably. If we cannot, the following process applies:

Informal Resolution

Before filing a claim, you agree to contact us at legal@nocean.com to attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration will take place in [City, State].

Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

Exceptions

Either party may seek injunctive relief in court to:

• Protect intellectual property rights

• Prevent unauthorized access to systems

• Enforce confidentiality obligations

Governing Law

These Terms are governed by the laws of the State of [State], United States, without regard to conflict of law principles.

Any legal action not subject to arbitration must be brought in the state or federal courts located in [City, State].

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on this page

• Updating the "Last Updated" date

• Sending an email notification (for significant changes)

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services and close your account.

General Provisions

These Terms constitute the entire agreement between you and Nocean regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or successor entity.

Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control (natural disasters, war, strikes, etc.).

Notices

All notices must be in writing and sent to the addresses provided in the Contact section below.

Contact Us

If you have questions or concerns about these Terms, please contact us:

Nocean, Inc.

Email: legal@nocean.com

Address: [Company Address]

Phone: 1-800-XXX-XXXX

For support inquiries, please contact support@nocean.com.