Terms of Service

Last Updated: September 2026

These Terms of Service (“Terms”) are a binding legal agreement between you and Nesquehon (“Company,” “we,” “us,” or “our”) regarding your access to and use of the nesquehon.info website located at nesquehon.info (the “Site”) and the cloud-based software-as-a-service platform, applications, application programming interfaces (APIs), support, documentation, and related offerings made available through the Site or other authorized channels (collectively, the “Services”). By creating an account, clicking “I Agree” or a similar acceptance mechanism, subscribing to a paid plan, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated by reference. If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Services.

Your use of the Site and Services is governed by United States law, including the consumer-protection framework enforced by the Federal Trade Commission under the Federal Trade Commission Act § 5, 15 U.S.C. § 45. To the extent the Services involve the licensing, sale, or online delivery of software or digital goods, such transactions are governed by the Uniform Commercial Code (UCC) Article 2 as adopted by the applicable state, and, in Maryland, Virginia, and Louisiana, also by the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA). These Terms are published at terms_of_service.php. An alternate formatted version of these Terms is available at terms-conditions.php.

1. Service Description

Nesquehon provides a software-as-a-service platform accessible through the Site that enables registered users to access, manage, process, store, and collaborate on data, content, and workflows in accordance with the features and subscription plan selected. The specific functionality, capacity, support levels, integrations, and service-level commitments available to you depend on the plan you purchase or register for and are described in the applicable order form, checkout page, or service description presented at the time of signup. We reserve the right to add, modify, suspend, or discontinue any feature or component of the Services at any time, with or without notice, subject to the commitments set forth in these Terms.

Subject to your ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable (except as expressly permitted), revocable license to access and use the Services solely for your internal business or personal purposes and in accordance with our documentation and acceptable use standards. We do not sell or transfer ownership of any software, code, or underlying technology to you. The Services may depend on third-party infrastructure, networks, and integrations, and we do not guarantee that the Services will be uninterrupted, error-free, secure, or compatible with every device, browser, or operating system. Scheduled maintenance, emergency repairs, and factors outside our reasonable control may result in temporary downtime.

You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction, to create an account or enter into a binding subscription. The Services are not directed to children under thirteen (13) years of age, and we do not knowingly collect personal information from children under thirteen except as permitted by the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments). If you choose to use the Services to process protected health information or nonpublic personal financial information, you are solely responsible for obtaining any required consents and complying with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA), and any other applicable sector-specific requirements.

2. User Accounts

To access most features of the Services, you must register for an account and provide accurate, current, and complete information as prompted by the registration form. You agree to maintain and promptly update your account information so that it remains accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including any username, password, API keys, tokens, or multi-factor authentication devices, and you are fully responsible for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

You may not create an account using a false identity or fraudulent information, impersonate any person or entity, or create accounts by automated means. Your account is personal to you, and you may not sell, transfer, license, or assign your account or any rights granted under these Terms to any third party without our prior written consent. We reserve the right to suspend, restrict, or terminate your account and your access to the Services if we reasonably suspect that you have provided inaccurate information, violated these Terms, or engaged in activity that may expose us or others to liability, security risk, or reputational harm.

3. Acceptable Use Policy

You may use the Services only for lawful purposes and in accordance with these Terms, the Privacy Policy, the Cookie Policy, and all applicable local, state, federal, and international laws and regulations. You agree to use the Services in a manner that does not interfere with or disrupt the integrity, security, or performance of the Services, the networks or systems used to make the Services available, or the use and enjoyment of the Services by other users. You will comply with all usage limits, rate limits, storage quotas, and technical documentation that we publish from time to time.

You are responsible for obtaining and maintaining all hardware, software, internet access, and other resources necessary to use the Services, and for configuring your systems in a secure manner. You remain responsible for the accuracy, quality, legality, and appropriateness of all data, content, and materials that you submit, upload, import, or otherwise process through the Services. Although we may provide tools or guidance to help you secure your data, you are solely responsible for maintaining appropriate backups and for any loss or corruption of data arising from your failure to do so.

4. Prohibited Activities

In connection with your use of the Services, you agree that you will not, and will not permit any third party to:

  • use the Services for any illegal, fraudulent, defamatory, obscene, harassing, abusive, discriminatory, or otherwise harmful purpose;
  • infringe, misappropriate, or violate any intellectual-property rights, privacy rights, publicity rights, or other proprietary rights of any person or entity;
  • reverse engineer, decompile, disassemble, modify, translate, or create derivative works from any software, code, or technology underlying the Services, except to the extent expressly permitted by applicable law;
  • circumvent, disable, or interfere with any security-related or access-control features of the Services, including authentication mechanisms, encryption, or rate limits;
  • use any robot, spider, scraper, crawler, script, or other automated means to access, monitor, copy, or extract data from the Services without our prior written consent;
  • introduce, transmit, or distribute any viruses, worms, malware, ransomware, Trojan horses, or other harmful or disruptive code;
  • send unsolicited commercial communications, spam, or bulk messages, or harvest, collect, or store personal information about other users without authorization;
  • impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity, or engage in social engineering or phishing;
  • perform benchmarking, competitive analysis, or load testing of the Services without our prior written consent;
  • resell, sublicense, lease, rent, time-share, or otherwise commercially exploit the Services to third parties without authorization;
  • use the Services in any manner that violates the Electronic Communications Privacy Act, 18 U.S.C. § 2511, or applicable state wiretapping, computer-crime, or invasion-of-privacy laws; or
  • assist, encourage, or permit any other person or entity to engage in any of the foregoing activities.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including reporting suspected illegal activity to law enforcement and cooperating in any resulting investigation. Violations may result in immediate suspension or termination of your account, forfeiture of any prepaid fees, and civil or criminal liability.

5. Content Ownership

Except for User-Generated Content (as defined below), Nesquehon owns and retains all right, title, and interest in and to the Site, the Services, and all related software, technology, code, databases, APIs, tools, designs, text, graphics, logos, icons, images, audio and video materials, compilations, and documentation (collectively, “Company Content”). Company Content is protected by copyright, trademark, patent, trade-secret, and other intellectual-property laws. Nothing in these Terms grants you any ownership interest in or license to Company Content except for the limited, revocable right to use the Services as expressly permitted herein.

All trademarks, service marks, logos, trade names, and brand identifiers displayed on the Site or in connection with the Services are the property of Nesquehon or their respective owners. You may not use, reproduce, modify, or display any such marks without the prior written consent of the owner. If you provide suggestions, enhancement requests, recommendations, feedback, or other ideas about the Services (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, and incorporate that Feedback into our products and services without any obligation to compensate you.

6. User-Generated Content

“User-Generated Content” means any data, text, files, images, videos, audio, code, metadata, or other materials that you or your authorized users submit, upload, import, post, transmit, or store through the Services. You retain any ownership rights you may have in your User-Generated Content. By submitting User-Generated Content to the Services, you grant Nesquehon a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of (solely for formatting, transcoding, indexing, or other technical processing), display, transmit, and distribute your User-Generated Content as necessary to operate, maintain, secure, improve, and provide the Services to you and other authorized users.

You represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use your User-Generated Content as contemplated by these Terms; (ii) your User-Generated Content does not violate any applicable law or regulation, including the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other applicable State comprehensive privacy laws; and (iii) your User-Generated Content does not infringe, misappropriate, or violate the rights of any third party.

We do not claim ownership of your User-Generated Content and are not obligated to monitor, review, or edit any User-Generated Content. However, we reserve the right, at any time and without notice, to remove, disable access to, or refuse to display any User-Generated Content that we believe, in our sole discretion, violates these Terms, infringes third-party rights, or creates liability