Terms and Conditions
Last Updated: September 2026
1. Acceptance of Terms
Welcome to nesquehon.info (the “Site”), a software-as-a-service platform operated by Nesquehon (“we,” “us,” or “our”). These Terms and Conditions (these “Terms”) set forth the legally binding agreement between you (“you,” “your,” or “User”) and Nesquehon governing your access to and use of the Site, our online platform, applications, downloadable software, APIs, documentation, support services, and any related features, content, or services we provide (collectively, the “Service”). By accessing, browsing, registering for, or using the Service, or by clicking any button indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookie Policy, each of which is incorporated by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service.
You must be at least eighteen (18) years of age and capable of forming a binding contract under applicable law to use the Service. If you are using the Service on behalf of an entity, organization, or business, you represent and warrant that you are authorized to bind that entity to these Terms, and all references to “you” shall refer to that entity. We do not knowingly collect personal information from children under thirteen (13) years of age, and the Service is not directed to children, in compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312). Any use of the Service by a person under the age of thirteen is unauthorized and in violation of these Terms.
These Terms apply to all visitors, registered users, customers, and others who access or use the Service, regardless of the device, platform, or network through which access occurs. We may, from time to time and in our sole discretion, update, supplement, or modify these Terms as provided in Section 11 below. Your continued use of the Service after such changes constitutes acceptance of the revised Terms. Additional terms, policies, or guidelines applicable to specific features, subscriptions, integrations, or promotions may also apply and are incorporated herein by reference.
2. Use of Service
Subject to your compliance with these Terms, Nesquehon grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your applicable subscription or authorization and solely for your internal business purposes or personal, non-commercial use as permitted by your account type. The Service may include web-based dashboards, data processing tools, reporting features, third-party integrations, downloadable client software, mobile applications, and related documentation. We reserve all rights not expressly granted to you.
Certain features of the Service may require registration and payment of subscription fees. By subscribing to a paid plan, you agree to pay all fees specified in the applicable order form, checkout page, or invoice, together with any applicable sales, use, value-added, or similar taxes. Fees are non-refundable except as expressly set forth in a separate agreement or required by applicable law. If you enroll in a subscription that automatically renews, your authorization to charge your payment method will remain in effect until you cancel in accordance with the cancellation procedures described in your account settings or as otherwise provided. In compliance with the Restore Online Shoppers’ Confidence Act, 15 U.S.C. §§ 8401–8405 (ROSCA), we will clearly and conspicuously disclose all material terms of any negative-option feature, including recurring charges, cancellation procedures, and any trial-period expiration, before you incur a charge.
You are responsible for providing and maintaining accurate account information, selecting a strong password, and restricting access to your account credentials. You agree to notify us immediately of any unauthorized use or security breach. We may suspend or terminate access to the Service if we suspect unauthorized access, fraud, non-payment, or violation of these Terms. We may also modify, enhance, or discontinue any feature or functionality of the Service at any time, and while we will endeavor to provide notice of material changes, we are not liable to you or any third party for any modification, suspension, or discontinuance.
3. User Obligations
You agree to use the Service only for lawful purposes and in a manner consistent with these Terms, all applicable federal, state, and local laws and regulations, and industry standards. Without limiting the foregoing, you shall not use the Service to upload, transmit, process, store, or share any content or data that: (a) violates any applicable law or regulation, including U.S. export control, sanctions, or anti-money laundering laws; (b) infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other proprietary right of any person or entity; (c) is defamatory, obscene, abusive, harassing, threatening, hateful, or otherwise objectionable; (d) contains malware, viruses, worms, Trojan horses, ransomware, or other harmful code; or (e) constitutes protected health information governed by the Health Insurance Portability and Accountability Act (HIPAA) or nonpublic personal information governed by the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801–6809 (GLBA), unless you have entered into a separate written business associate or data-processing agreement with us.
You further agree not to: (i) reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service, except to the extent expressly permitted by applicable law; (ii) interfere with or disrupt the integrity, security, or performance of the Service or the data contained therein; (iii) access the Service through automated means, including bots, scrapers, spiders, or other unauthorized scripts, except via APIs we make available in accordance with their applicable terms; (iv) rent, lease, sell, sublicense, or otherwise transfer your rights in the Service; (v) remove, alter, or obscure any proprietary notices, labels, or marks; or (vi) benchmark, monitor, or test the Service’s availability or performance for competitive purposes without our prior written consent.
You are solely responsible for all data, content, material, and information that you or your authorized users submit, upload, or transmit through the Service (“User Content”). You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize us to process your User Content as contemplated by these Terms and our Privacy Policy. You acknowledge that the U.S. follows a notice-and-choice privacy model, and that by providing User Content that contains personal information, you represent that any required notices have been provided and, where opt-in consent is required by laws such as the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, or other applicable state comprehensive privacy laws, such consent has been obtained.
4. Intellectual Property Rights
All content, features, designs, graphics, software, code, algorithms, user interfaces, text, images, videos, logos, trademarks, service marks, trade dress, and other materials made available through the Service, excluding your User Content, are owned by Nesquehon, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in these Terms grants you any right, title, or interest in or to the Service or our intellectual property except for the limited license expressly set forth in Section 2.
You retain all right, title, and interest in and to your User Content. By submitting User Content to the Service, you grant Nesquehon a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and transmit your User Content solely to operate, maintain, improve, and provide the Service and as otherwise permitted by our Privacy Policy. This license continues for the duration of your use of the Service and, for backup, archival, audit, or legal compliance purposes, for a reasonable period thereafter. You represent that your User Content does not violate the rights of any third party.
The nesquehon.info name, logo, Nesquehon name, and other identifiers are trademarks of Nesquehon. You may not use our trademarks without our prior written permission. Feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you. All goodwill generated by your use of our trademarks inures exclusively to our benefit. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief, damages, and attorneys’ fees.
5. Limitation of Liability
To the maximum extent permitted by applicable law, Nesquehon and its officers, directors, employees, agents, affiliates, licensors, and service providers (collectively, the “Company Parties”) shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost data, loss of goodwill, business interruption, reputational harm, or procurement of substitute goods or services, arising out of or relating to your access to or use of, or inability to access or use, the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if the Company Parties have been advised of the possibility of such damages.
The total aggregate liability of the Company Parties to you for any and all claims, damages, losses, and causes of action arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount paid by you to Nesquehon for the Service during the twelve (12) months immediately preceding the event giving rise to liability, or (b) one hundred United States dollars (US$100). This limitation of liability applies whether the claim is based in contract, tort, warranty, indemnification, or otherwise, and shall survive termination or expiration of these Terms.
Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above exclusions and limitations may not apply to you in whole or in part. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. The limitations set forth in this Section shall not apply to claims for gross negligence, willful misconduct, fraud, bodily injury, death, or any liability that cannot be excluded or limited under applicable law.
6. Disclaimers
The Service is provided on an “as is,” “as available,” and “with all faults” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, or any warranties arising out of course of dealing, usage, or trade. Nesquehon does not warrant that the Service will be uninterrupted, error-free, secure, virus-free, accurate, complete, reliable, or available at any particular time or location, or that any defects will be corrected. Your use of the Service is at your sole risk.
Any content, reports, analytics, recommendations, or outputs generated by the Service are for informational purposes only and do not constitute professional, legal, financial, medical, or other advice. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information obtained through the Service and for compliance with all laws applicable to your use of such information. We make no representation or warranty that the Service will meet your requirements, achieve any particular results, or be compatible with your systems, data, or third-party integrations.
The disclaimers in this Section shall apply to the fullest extent permitted under the Uniform Commercial Code (UCC) Article 2 as adopted in the applicable state, the Federal Trade Commission Act § 5, 15 U.S.C. § 45, and other applicable consumer protection laws, but shall not disclaim any warranty that cannot lawfully be disclaimed. No advice or information, whether oral or written, obtained from Nesquehon or through the Service shall create any warranty not expressly stated in these Terms. If you are a consumer, you may have additional rights under your state’s consumer protection statutes that are not affected by these disclaimers.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law, rule, or regulation; (d) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, or other right of any third party; or (e) your negligence, willful misconduct, or fraud.
Nesquehon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with our defense of such claim. You may not settle any claim that imposes liability on, admits fault by, or binds Nesquehon in any way without our prior written consent. This indemnification obligation shall survive termination of these Terms and your use of the Service.
Your obligation to indemnify the Company Parties is not contingent upon the existence of insurance coverage, and you agree that we may seek indemnification directly from you regardless of any insurance or other source of recovery. If any portion of this indemnification is held unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
8. Governing Law
These Terms and any dispute or claim arising out of or relating to them, the Service, or your relationship with Nesquehon shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in Delaware, and you irrevocably submit to the exclusive jurisdiction of such courts in any such action, suit, or proceeding. You agree that any claim or cause of action arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim or cause of action accrues, or such claim or cause of action is forever barred, except where a shorter or longer limitations period is mandated by applicable law.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA), to the extent adopted by Maryland, Virginia, or Louisiana, shall not apply to these Terms. To the extent that any provision of these Terms is governed by the Uniform Commercial Code (UCC) as adopted in any state, such provision shall be interpreted consistently with the UCC to the maximum extent permitted by law.
9. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures, except to the extent such rules conflict with this Section. The arbitration shall be conducted by a single, neutral arbitrator selected in accordance with AAA rules. The seat of arbitration shall be Delaware, and the arbitration shall be conducted in the English language.
Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have authority to award the same damages and relief that a court could, but may not award punitive damages or damages not authorized by these Terms or applicable law. YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING WILL BE CONDUCTED ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY PARTIES.
Notwithstanding the foregoing, either party may seek equitable or injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. If any part of this arbitration and class-action waiver is found to be unenforceable, that portion shall be severed and the remainder of this Section shall remain in full force and effect. If a court determines that the class-action waiver is unenforceable as to a particular claim, that claim may be severed and proceeded with in court, but the balance of the claims shall remain subject to arbitration.
10. Termination
These Terms shall remain in full force and effect for so long as you access or use the Service or maintain an account. Nesquehon may, in its sole discretion and without prior notice or liability, suspend, disable, terminate, or restrict your access to all or any part of the Service for any reason, including if we believe you have violated these Terms, engaged in fraudulent or illegal activity, or pose a security risk. Upon termination, your right to use the Service will immediately cease.
You may terminate your account at any time by following the cancellation procedures in your account settings or by contacting us at [email protected]. Termination of your account does not relieve you of any obligation to pay all accrued charges, fees, or other amounts due and owing, or of any liability arising from your use of the Service prior to termination. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 4, 5, 6, 7, 8, 9, and 10.
Following termination, we may, but are not obligated to, retain or delete your User Content in accordance with our data retention policies and applicable law, including the requirements of the CPRA, other state comprehensive privacy laws, and any applicable business or tax recordkeeping obligations. We recommend that you export any data you wish to retain before terminating your account. We shall not be liable to you or any third party for termination of access or deletion of data in accordance with this Section.
11. Changes to Terms
Nesquehon reserves the right, in its sole discretion, to revise, modify, supplement, or replace these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on this page, updating the “Last Updated” date, and, where appropriate, sending an email to the address associated with your account or displaying a notice through the Service. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes.
If you do not agree to the revised Terms, you must stop using the Service and terminate your account in accordance with Section 10. We encourage you to review these Terms periodically. No waiver of any term or condition shall be effective unless in writing signed by an authorized representative of Nesquehon. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, severed from these Terms; the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy, Cookie Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and Nesquehon regarding the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
12. Contact Information
If you have any questions, concerns, or comments about these Terms or the Service, please contact us using the information below. We will endeavor to respond to inquiries within a reasonable time.
- Company: Nesquehon
- Email: [email protected]
- Phone: +13865243502
- Address: Empire State Building, 350 Fifth Avenue, New York, NY 10118, United States
For legal notices, please send correspondence to the address listed above or to the email designated for legal matters. Notice sent by email shall be deemed received on the first business day after transmission if no delivery failure notice is received. These Terms are available at terms-conditions.php and our Terms of Service are available at terms_of_service.php if applicable.