Terms of Service

Terms and Conditions

These Terms and Conditions, together with any applicable orders and attachments referencing these Terms and Conditions (collectively, the “Agreement”), form a legally binding agreement between you (“User”, “you”, or “your”) and Nahnu Fitness LLC, doing business as Nahnu Plugins (NahnuPlugins.com) (“we”, “us”, or “our”).

This Agreement governs your use of Nahnu Plugins’ products and services, including our software, plugins, and add-ons (collectively, the “Services”) as well as your access to and use of our websites (the “Sites”).

BY ACCESSING OR USING OUR SERVICES OR SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST NOT USE OUR SERVICES OR VISIT OUR SITES.

Effective Date: March 20, 2025

1. SERVICES – LICENSE AND SUPPORT

1.1 License Grant

We grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services you purchase from us through one or more orders (“Orders”), along with related documentation, in accordance with this Agreement.

Additional terms specific to each type of Service may be provided in the Order details or Service descriptions on our website (NahnuPlugins.com) or through other official communication channels.

In case of any conflict between this Agreement and an Order’s specific terms, the terms of the Order will take precedence.

We reserve the right to refuse or terminate Services at our sole discretion, without prior notice, if we determine that you have violated this Agreement or engaged in prohibited activities.

1.2 License Ownership and Restrictions

Ownership: All Services, including plugins and documentation, are owned by Nahnu Plugins (Nahnu Fitness LLC) and/or our licensors. You do not own or acquire any claim or ownership rights over the Services, except for the granted license to use them.
License Compliance: All plugins and add-ons provided as part of the Services are, unless otherwise stated, licensed under the GNU General Public License (GPL) v2.0 or later (http://www.gnu.org/licenses/gpl.html).

1.3 Strict Prohibition on Reselling, Renting, or Unauthorized Sharing

To maintain the integrity of our unlimited plans and Services, the following restrictions apply:

No Reselling or Renting: You are strictly prohibited from reselling, renting, sublicensing, or sharing your account, licenses, or subscription with any third party.
One User Per License: Licenses are intended for the individual or business that purchased them and cannot be transferred to others without our explicit written consent.
Immediate Termination Without Refund: If we determine that you have violated these terms by selling, renting, or sharing your license, your account will be immediately terminated, and you will not be entitled to any refund.

1.4 Support Services

Eligibility: We provide updates and support during the active subscription period, as detailed in your account or on our website (NahnuPlugins.com).
Support Exclusivity: Support is only available to the customer listed in the Order. We are not obligated to provide support to any third party, including anyone using an unauthorized or shared license.
Third-Party Products: Support does not cover third-party software, themes, or services that integrate with our plugins unless explicitly stated otherwise.

2. AMENDMENT TO TERMS

We reserve the right to update or modify the terms of this Agreement, including Service descriptions, Support details, and other policies, at any time.

2.1 Notification of Changes

Changes will be posted on our website (NahnuPlugins.com) or communicated through other official channels.
It is your responsibility to review our website periodically for any updates to this Agreement.

2.2 Acceptance of Changes

Continued use of our Services or Support after changes have been communicated will constitute your acceptance of the updated terms.
If you do not agree with the modified terms, you must stop using our Services immediately.

3. FEES, PAYMENT TERMS, AND REFUNDS

3.1 Fees and Payment Obligations

You are responsible for all fees (“Fees”) associated with the Services as outlined in the applicable Order or invoice, which may also be posted to your account.
Unless otherwise agreed in writing, Fees will not change during your current term; however, we may adjust pricing upon renewal.

3.2 Payment Methods, Billing, and Installments

Default Billing Method: Unless we approve an alternative payment method in writing, Fees will be charged annually in advance to the credit card on file.
Installment Payments: Certain plugins may be purchased through a monthly installment plan over a set number of months.
- Installment plans include additional fees and will cost more than a one-time payment option.
- The total price of an installment plan is higher than the regular price due to processing and financing costs.
- You must complete all payments as agreed; failure to do so may result in suspension or termination of your access to the Service.
- Installment plans are non-refundable, and cancellations before full payment will not be eligible for a refund.

3.3 Taxes and Governmental Fees

You are responsible for any taxes, surcharges, and government assessments related to your use of the Services, except for taxes on our net income.
If you provide a valid tax exemption certificate, we will not charge applicable taxes.
If you fail to provide a valid certificate, you agree to indemnify, defend, and hold us harmless against any tax-related liability, and we reserve the right to back-bill you for applicable taxes.

3.4 Refund Policy

We offer a limited money-back guarantee, as described on our website.
To request a refund, you must contact us before the expiration of the guarantee period.
Non-Cancellable and Non-Refundable Services: Except where explicitly stated, all Services are non-cancellable and all Fees are non-refundable.
Installment Plan Refunds: Payments made under an installment plan are non-refundable, and the full balance remains due even if the Service is canceled before all installments are paid.

3.5 Currency and Transaction Fees

Refunds will be issued based on the original transaction amount in US Dollars (USD).
If exchange rate fluctuations occur between the purchase and refund dates, the refunded amount may differ in your local currency.
Any transaction fees or currency conversion fees incurred during the refund process are not covered by Nahnu Plugins and are the responsibility of the customer.

4. YOUR RESPONSIBILITIES AND USE RESTRICTIONS

You are fully responsible for your own use and your users’ use of the Services and Sites. This includes any actions taken under your account, as well as any consequences arising from such use. You agree to use our Services and Sites strictly for legitimate business and commercial purposes. Any use that is illegal, offensive, abusive, or disruptive to the operation of our Services is strictly prohibited. This includes any activities that promote hate, violence, discrimination, or intolerance, as well as any conduct that interferes with or negatively impacts the Services, Sites, or other users.

By using our Services, you agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, that arise from your misuse or violation of this Agreement.

You and your users must comply with all applicable laws and regulations, including data protection, privacy laws, and laws governing unsolicited commercial electronic messages. It is your responsibility to obtain and maintain any licenses, permits, or approvals required by government authorities for your use of the Services. You may not remove, modify, or obscure any copyright, trademark, or proprietary rights notices from materials provided by us. If you are under the age of 18, you may only use the Services with the involvement of a parent or legal guardian.

You are responsible for setting up and maintaining all hardware, software, and internet access required to use our Services. If you choose to purchase third-party products through us, such purchases are non-refundable upon termination of the Agreement. While we may pass on any applicable manufacturer warranties, we do not provide any warranties for third-party products and assume no liability for their performance. If a third-party product causes issues with our Services, it remains your responsibility to address the problem, and you are still obligated to pay all Fees. We may choose to assist with resolving technical difficulties related to third-party products at our discretion, but we are not responsible for their ongoing functionality. If updates or changes to our Services result in a third-party product becoming obsolete or requiring modifications, it is your responsibility, not ours, to make the necessary adjustments or replacements.

Our Services are not designed or intended for use in high-risk applications, including life support systems, nuclear facilities, or any environment where failure could result in personal injury, loss of life, or catastrophic property damage. By using our Services, you represent and warrant that you will not use them for such purposes. We are not liable for any claims or damages resulting from improper use in these restricted applications.

5. DATA

Except as expressly stated in this Agreement, you retain full ownership of any data or information that you provide while using our Services or visiting our Sites (“Your Data”). However, by using our Services, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, transferrable, perpetual, and irrevocable license to de-identify Your Data and use such De-identified Data for any legally permissible purpose, provided that it does not include any personally identifiable information, as defined by applicable law.

We may also collect Usage Data, which includes information regarding how you interact with our Services and Sites. This data may contain limited personally identifiable information and is automatically collected by our systems. Usage Data helps us improve our Services, and we may use it as outlined in our Privacy Policy. While we may share Usage Data internally across our brands, we will ensure that it is de-identified before sharing it with third parties. We will not publicly disclose any Usage Data that personally identifies you.

You acknowledge and agree that we retain sole ownership of all De-identified Data and Usage Data collected through the Services and Sites. You have no rights to retain, use, or claim ownership of such data.

If you provide us with personally identifiable information, either directly or through your end users’ use of our Services and Sites, you represent and warrant that:

Your collection, use, and processing of this information complies with all applicable laws, including data privacy laws.
You have made all necessary disclosures and obtained any required consents before transferring such information to us.

By using our Services, you confirm that any personally identifiable information you provide has been lawfully obtained and that you have the right to transfer it to us.

6. EXPORT COMPLIANCE

The Services and Sites are provided from the United States, and we make no representation that they are appropriate or available for use in locations outside the United States. If you choose to access or use the Services or Sites from outside the U.S., you do so at your own initiative and are solely responsible for ensuring compliance with local laws, including regulations governing the transmission of technical data exported from the U.S. or from the country where you reside.

Accessing or using the Services and Sites in regions where they are prohibited by law is strictly forbidden. You may not export, re-export, or otherwise use the Services or Sites except as permitted under United States law and the laws of the jurisdiction in which you obtained them. Specifically, the Services and Sites may not be used, exported, or re-exported:

In or into any U.S. embargoed country.
By or to any individual or entity listed on the U.S. Treasury Department’s Specially Designated Nationals (SDN) List, the U.S. Department of Commerce Denied Persons List, Entity List, or any other restricted party lists.

By using our Services and Sites, you represent and warrant that you are not located in any embargoed country and are not listed on any restricted party list. Additionally, you agree not to use the Services or Sites for any activities prohibited under U.S. law.

7. WARRANTIES AND DISCLAIMERS

Each party represents, warrants, and agrees that:
(a) If it is an organization, it is duly formed, validly existing, and in good standing under the laws of the state in which it was established, as well as in any jurisdiction where failure to maintain good standing would materially affect its business or ability to fulfill obligations under this Agreement.
(b) It has all necessary authority and power to enter into this Agreement and any related Orders, and that the execution and fulfillment of this Agreement have been properly authorized.
(c) This Agreement constitutes a legal, valid, and binding obligation, enforceable in accordance with its terms.
(d) It will comply with all applicable laws in connection with this Agreement.

We are not responsible for the security, loss, intrusion, or unauthorized access of stored data, nor for any loss or damage caused by your actions, omissions, or failure to comply with this Agreement.

Disclaimer of Warranties

ALL PRODUCTS, SITES, AND SERVICES PROVIDED OR MADE AVAILABLE BY US ARE OFFERED ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Non-infringement,
Merchantability,
Fitness for a particular purpose,
Any other statutory or implied warranties.

We do not guarantee that our Services will be error-free, uninterrupted, or meet your specific needs.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, this section shall be interpreted to provide the most limited warranty permitted by applicable law.

8. INDEMNIFICATION

8.1 Our Indemnification Obligations

We agree to indemnify, defend, and hold you harmless from any claims, losses, damages, fines, penalties, or expenses, including reasonable attorneys’ fees (“Losses”), arising from any third-party claim that your use of the Services, when used in compliance with this Agreement, infringes or misappropriates a valid U.S. patent, copyright, or trade secret of such third party.

If such a claim arises or is threatened, we may, at our sole discretion:
(a) Modify the Services so that they no longer infringe on any rights,
(b) Obtain the necessary rights for you to continue using the Services, or
(c) If neither option is reasonable, terminate this Agreement and provide you with a pro-rata refund for any pre-paid but unused Services as of the termination date.

This section represents our sole and exclusive liability and your exclusive remedy concerning any third-party infringement or misappropriation claims.

8.2 Your Indemnification Obligations

You agree to indemnify, defend, and hold us, along with our officers, directors, agents, and employees, harmless from any and all Losses arising from or related to:

Your violation of this Agreement or any applicable laws.
Any tax obligations (such as withholding taxes) that may arise from this Agreement.
Your negligence, misconduct, or willful actions.
Any third-party claims related to your use or misuse of our Services or Sites.
Any claims related to the information, data, or materials you provide or make available to us.

By agreeing to this section, you accept responsibility for ensuring that your actions and the actions of anyone using your account do not result in legal claims against us.

9. LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, neither party, nor any of its affiliates, employees, contractors, or suppliers, shall be liable to the other party or any third party for any incidental, consequential, special, indirect, or punitive damages, including but not limited to lost profits, lost revenues, or lost business opportunities, arising out of or related to this Agreement or the Services, regardless of the cause or theory of liability, including negligence or strict liability, even if such party has been advised of the possibility of such damages.

We are not liable for any damages related to third-party products or services. Additionally, we shall not be responsible for any claims or damages caused by:

Your own fault, negligence, or breach of this Agreement.
Claims made against you by third parties.
Actions or omissions of any third party.
Issues with third-party equipment or services.
Any information or materials you provide to us.

The Services and Sites rely on various communication networks and carrier lines, including those maintained by local exchange carriers, internet backbone providers, routers, and other systems beyond our control. We make no warranties and assume no liability for the integrity, security, privacy, confidentiality, or transmission of information over these networks. You assume all risks associated with transmitting data through such carrier lines, and your use is subject to applicable laws.

You are solely responsible for your actions when using our Services and Sites, including any costs incurred for internet access or third-party services.

Maximum Liability

In any event, our total liability to you and your affiliates—including your officers, directors, employees, agents, contractors, successors, and assigns—arising from or related to this Agreement and the Services shall be limited to direct damages. Under no circumstances shall our liability exceed the total amount of Fees paid by you for the Services in the six (6) months immediately preceding the event giving rise to the claim.

Time Limit for Claims

No action, regardless of its form, may be brought more than three (3) months after the cause of action arose.

Jurisdictional Limitations

Some jurisdictions do not allow certain liability limitations. In such cases, this section shall be interpreted to provide the most limited liability permitted by applicable law.

10. TERM AND TERMINATION; AUTOMATIC CHARGES

10.1 Service Term and Renewal

Each Service term begins on the date of the Order and continues for a period of one year, unless otherwise specified in the Order (the “Initial Term”). After the Initial Term, the Order will automatically renew for the period specified in the Order or, if no term is specified, on an annual basis at the then-current rates (the “Renewal Term”). Together, the Initial Term and any Renewal Term(s) constitute the “Service Term”.

Your credit card or selected payment method will be automatically charged for each Renewal Term unless you or we provide written notice of intent not to renew before the start of the next Renewal Term.

10.2 Termination Rights

Either party may terminate an Order by providing written notice if the other party materially breaches this Agreement and fails to correct the issue within thirty (30) days after receiving written notice specifying the breach.

We may also terminate this Agreement or any Order at any time, for any reason, effective immediately upon notice to you.

10.3 Effect of Termination

Upon expiration or termination of your Order:

You must stop using all Services and materials immediately.
Any unused Service credits or referral credits will be forfeited and cannot be refunded or transferred.

Termination of this Agreement does not relieve you of any obligations to pay for Services already provided before the termination date.

11. SUSPENSION

We may suspend some or all of the Services or Sites without liability to you under the following circumstances:

You fail to cure a default within the specified cure period.
We determine that the Services or Sites are being used, have been used, or will likely be used in violation of this Agreement.
We reasonably believe that the Services or Sites have been accessed or used by an unauthorized third party.
A suspension is necessary to protect us, our products, or our network from harm.

We will make commercially reasonable efforts to provide advance notice of a suspension and an opportunity for you to resolve the issue unless we determine, in our reasonable judgment, that an immediate suspension is necessary to prevent significant operational, security, or network risks.

A suspension due to your breach of this Agreement does not relieve you of your obligation to pay for the suspended Services during the suspension period. The suspension will be lifted once you have resolved the breach.

If the breach is not resolved within fifteen (15) days of receiving our notice, we may treat the suspension as a termination for cause. During the suspension, we have the right to deny access to or delete data stored on the affected server or account. In our sole discretion, we may allow access to a suspended account.

12. PRIVACY AND SECURITY

Your use of the Services and Sites is subject to our Privacy Policy, which can be found at https://www.nahnuplugins.com/privacy-policy/. By using the Services and Sites, you acknowledge that you have read, understood, and agree to the terms of the Privacy Policy, including how we collect, use, and protect any personal information you provide.

12.1 Account Security

You are solely responsible for securing access to the Services and Sites, including maintaining the confidentiality of your account credentials, password, and other login information. You must take appropriate precautions to prevent unauthorized access to your account.

You shall not share your password or login information with any person or entity. If you suspect that your account, password, or login information has been compromised or used without your authorization, you must notify us immediately.

12.2 Responsibility for Account Activity

You are fully responsible for all activities conducted under your account, including any transactions, charges, or fees incurred—even if you later claim they were unauthorized. We may reasonably assume that any communication or action taken through your account was initiated or authorized by you unless you provide evidence to the contrary.

By using our Services, you acknowledge that account security is your responsibility and agree to take all reasonable measures to protect your access credentials.

13. DISPUTE RESOLUTION – ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER

13.1 Mandatory Arbitration

Any dispute or claim arising out of or relating to this Agreement, the Services, or the Sites—including interpretation, enforcement, and any alleged breach—shall be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures.

The only exception to mandatory arbitration is that either party may file an individual claim in a small claims court of competent jurisdiction. If a claim is initially filed in arbitration, the responding party may request that the case be moved to small claims court, provided that it falls within the court’s jurisdiction. If this request is made before an arbitrator is appointed, the arbitration shall be administratively closed. If the request is made after an arbitrator is appointed, the arbitrator will determine whether the case should remain in arbitration or be decided in small claims court.

Regardless of whether a dispute is resolved through arbitration or small claims court, you may not file or participate in any class action, class arbitration, or other representative action against us under any circumstances.

13.2 Waiver of Court Trial and Class Actions

By using the Services or Sites, you expressly agree to resolve disputes through arbitration. In doing so:

YOU WAIVE THE RIGHT TO A COURT TRIAL, except for cases eligible for small claims court.
YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
You acknowledge that your dispute will be decided by a neutral arbitrator rather than a judge or jury.
The arbitrator has the authority to grant any relief a court could provide, and arbitration decisions are enforceable in court with only limited grounds for appeal.

13.3 Enforcement of Arbitration and Jurisdiction

Any proceeding to enforce arbitration—including motions to confirm, modify, or vacate an arbitration award—may be brought in any court of competent jurisdiction.

If for any reason this arbitration provision is found to be unenforceable, any litigation against us may only be brought in the federal or state courts located in Spokane, Washington, USA. By agreeing to these terms, you irrevocably consent to the exclusive jurisdiction of these courts for any legal action.

13.4 Recovery of Legal Fees

If any legal action or proceeding is initiated to enforce this Agreement or resolve a dispute, the prevailing party shall be entitled to recover reasonable attorneys’ fees and related costs in addition to any other remedies granted.

14. GENERAL TERMS

14.1 Compliance with U.S. Export Regulations

You represent and warrant that you are not on the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons, or any other list of restricted persons to whom we are legally prohibited from providing Services or access to the Sites.

You may not use our Services or Sites for the development, design, manufacture, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 under the U.S. Export Administration Regulations (EAR), Supplement No. 1 to Part 740. Additionally, you may not grant administrative access to any Service to individuals or entities located in or who are nationals of any embargoed or highly restricted country under U.S. export regulations.

14.2 Use of Names, Logos, and Trademarks

Neither party may use the other party’s name, logo, or service marks for commercial purposes without prior written consent. However, you may publicly state that you use our Services and Sites, and we may list you as a customer in marketing materials, on our website, or within our partner portal and publications.

14.3 Assignment and Successors

You may not assign your rights or obligations under this Agreement, whether voluntarily or by operation of law, without our prior written consent. This Agreement shall be binding upon both parties and their respective successors and assigns.

14.4 Relationship Between the Parties

This Agreement does not create a partnership, agency, joint venture, or employer/employee relationship between the parties. Each party remains solely responsible for its own employees, contractors, and subcontractors.

14.5 Force Majeure

Neither party shall be liable for any failure of performance due to causes beyond their reasonable control, including but not limited to:

Natural disasters, acts of war, or terrorism,
Government actions or regulations,
Network or power outages, or
Other unforeseeable events.

If we are unable to provide the Services due to such an event, you will not be required to pay for the affected Services during the period of non-performance.

14.6 No Waiver

Failure by either party to enforce any provision of this Agreement shall not be considered a waiver of that provision. Any waivers must be in writing to be enforceable.

14.7 Notices

All notices under this Agreement shall be sent via electronic mail (email) to the designated contact email of each party.

Official notices to us shall be sent to:
contact@nahnuplugins.com

Notices to you will be sent to the email address associated with your Order. It is your responsibility to ensure that your contact email is current and accessible. Notices shall be deemed received on the date the email is sent, provided no automatic error message or delivery failure notice is received.

14.8 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the provision will be limited or removed only to the extent necessary. The rest of the Agreement will remain fully enforceable.

14.9 Electronic Signatures and Agreement

The parties agree that this Agreement, along with any Orders, may be entered into electronically via electronic signatures (e.g., clicking an agreement box or using software such as DocuSign). Electronic signatures shall be legally binding.

14.10 Entire Agreement

This Agreement, including all applicable Orders, constitutes the entire agreement between you and us regarding the subject matter herein, superseding all prior oral or written agreements. No statement, representation, warranty, or agreement not explicitly included in this Agreement shall be used to interpret, modify, or restrict its terms.

14.11 Surviving Obligations

The following sections shall survive the expiration or termination of this Agreement:

Section 7 (Warranties and Disclaimers)
Section 8 (Indemnification)
Section 9 (Limitation of Liability)
Section 14 (General Terms)

14.12 Governing Law

This Agreement shall be governed by and interpreted under the laws of the State of Washington, without regard to its conflict of law principles.