Terms of Service

1 Acceptance of Terms

By accessing or using the NestDuck application, website, or any services provided by NestDuck, LLC ("NestDuck," "we," "us," or "our") (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service.

If you do not agree to these Terms, do not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal information.

2 Eligibility

To use NestDuck, you must:

• • Be at least 18 years of age (or the age of majority in your jurisdiction)
• • Have the legal capacity to enter into a binding agreement
• • Be a resident of the United States (NestDuck is currently only available in the US)
• • Not be barred from using the Service under applicable law

By using NestDuck, you represent and warrant that you meet all eligibility requirements.

3 Service Description

NestDuck is a personal finance management application that provides:

• • Budget tracking and management tools for monitoring income, expenses, and financial goals
• • Household collaboration features for managing finances with partners and family members
• • AI-powered insights through our Ducky assistant (in-app, SMS, and email)
• • Document parsing for automatic extraction of financial data from uploaded documents
• • Financial planning tools for savings goals, debt payoff, and tax preparation assistance

4 User Accounts

Account Registration

To access most features of NestDuck, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security

You are responsible for:

• • Maintaining the confidentiality of your login credentials
• • All activities that occur under your account
• • Notifying us immediately of any unauthorized access or security breach

Household Accounts

If you invite others to join your household, you represent that you have their permission to share their email address with us and that they have consented to participate. You are responsible for managing household membership and permissions.

5 Acceptable Use Policy

You agree not to:

• ✗ Use the Service for any illegal purpose or in violation of any laws
• ✗ Upload false, misleading, or fraudulent financial information
• ✗ Attempt to gain unauthorized access to any part of the Service
• ✗ Interfere with or disrupt the Service or servers
• ✗ Reverse engineer, decompile, or disassemble any part of the Service
• ✗ Use automated means (bots, scrapers) to access the Service without permission
• ✗ Transmit viruses, malware, or other harmful code
• ✗ Harass, abuse, or harm other users or NestDuck staff
• ✗ Impersonate any person or entity
• ✗ Use the Service to launder money or finance illegal activities

6 User Content

"User Content" includes any data, documents, information, or materials you upload, submit, or transmit through the Service.

Ownership

You retain ownership of your User Content. By uploading User Content, you grant NestDuck a non-exclusive, royalty-free license to use, process, and store your User Content solely to provide and improve the Service.

Your Representations

You represent and warrant that:

• • You own or have the right to upload all User Content
• • Your User Content does not violate any third-party rights
• • Your User Content is accurate to the best of your knowledge

7 AI Features & Limitations

AI Limitations

• ⚠ AI Can Make Mistakes: AI-generated content may be inaccurate, incomplete, or outdated. Always verify important information independently.
• ⚠ Not Professional Advice: AI responses are for informational purposes only and do not constitute financial, legal, tax, or professional advice.
• ⚠ Document Parsing Accuracy: AI-powered document parsing may not extract all information correctly. Always review and verify extracted data.
• ⚠ No Real-Time Data: AI cannot access real-time financial markets, account balances, or external data sources.

SMS & Email AI (Ducky)

By using SMS or email to communicate with Ducky, you agree to:

• • Standard messaging rates from your carrier may apply
• • Messages are processed by AI and stored securely
• • We are not responsible for carrier delays or failures
• • You can opt out of SMS by texting STOP at any time

8 No Financial, Legal, or Tax Advice

You acknowledge and agree that:

• • Seek Professional Advice: You should consult with qualified financial advisors, tax professionals, or attorneys before making important financial decisions.
• • Your Responsibility: All financial decisions are made at your own risk and discretion. NestDuck is not responsible for the outcomes of your financial decisions.
• • No Guarantees: We do not guarantee any particular financial outcomes from using the Service.
• • Tax Assistance ≠ Tax Advice: Tax preparation assistance features help organize information but do not replace professional tax preparation services.

9 Beta Services

NestDuck is currently in beta. By using our beta Service, you acknowledge that:

• • The Service may contain bugs, errors, or incomplete features
• • Features may change, be modified, or removed without notice
• • The Service may experience downtime or interruptions
• • Beta features are provided "as is" with additional disclaimers
• • Pricing may change when we exit beta

10 Fees & Payment

Current Pricing

NestDuck is currently free during our beta period. Pricing will be announced before any paid plans are introduced.

Future Paid Services

When paid plans are introduced:

• • Pricing will be clearly displayed before purchase
• • Subscriptions will auto-renew unless cancelled
• • You can cancel at any time; cancellation takes effect at the end of the billing period
• • Refunds will be handled according to our refund policy (to be published)

11 Intellectual Property

Our Intellectual Property

The Service and its original content, features, functionality, design, and branding are owned by NestDuck, LLC and are protected by copyright, trademark, and other intellectual property laws. "NestDuck," the NestDuck logo, "Ducky," and related marks are trademarks of NestDuck, LLC.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our express written permission.

12 Third-Party Services

The Service may contain links to or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to those services' terms.

13 Disclaimers

We specifically disclaim any warranty that:

• • The Service will meet your specific requirements
• • The Service will be available at any particular time
• • Results from using the Service will be accurate or reliable
• • Errors in the Service will be corrected

14 Limitation of Liability

Maximum Liability: In no event shall NestDuck's total liability to you for all claims exceed the greater of (a) the amount you paid to NestDuck in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15 Indemnification

You agree to indemnify, defend, and hold harmless NestDuck, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising from or related to:

• • Your use or misuse of the Service
• • Your violation of these Terms
• • Your User Content
• • Your violation of any third-party rights

16 Dispute Resolution & Arbitration

Informal Resolution First

Before filing any formal dispute, you agree to contact us at legal@nestduck.com to attempt to resolve the dispute informally. We will try to resolve the dispute within 60 days.

Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in [State], or at another mutually agreed location.

Class Action Waiver

You and NestDuck agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement will be void.

Exceptions

Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized use.

17 Termination

Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, you may request deletion of your data as described in our Privacy Policy.

Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms.

Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.

18 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• • Update the "Last Updated" date at the top of these Terms
• • Provide notice via email or prominent notice in the Service
• • Give you at least 30 days to review material changes before they take effect

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms. If you do not agree, you must stop using the Service.

19 General Provisions