Terms of Use

1. Introduction

Welcome to Nailbag ("App"), a mobile application designed to help construction professionals manage projects and tasks. These Terms of Use ("Terms") govern your use of the Nailbag mobile application and services. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.

2. Eligibility

To use the App, you must:

• Be at least 18 years old
• Be a licensed and authorized user
• Have the legal capacity to enter into these Terms

3. Account Registration and Security

3.1 Account Creation

You must register for an account using a valid phone number. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You agree to:

• Keep your phone number and account secure
• Immediately notify us of any unauthorized use
• Accept responsibility for all activities under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in prohibited activities.

4. Acceptable Use

4.1 Permitted Use

You may use the App to:

• Manage construction projects and tasks
• Communicate with team members and clients
• Send SMS notifications and approval requests
• Use the Voice Agent for hands-free operation

4.2 Prohibited Activities

You must not:

• Use the App for illegal activities or to transmit illegal content
• Attempt to hack, damage, or disrupt the App or its servers
• Copy, modify, or reverse engineer the App
• Use the App to send spam or unsolicited communications
• Violate any local, state, or federal laws
• Infringe on intellectual property rights
• Harass, abuse, or harm other users
• Use the App for commercial purposes without authorization

5. Content and Data

5.1 User Content

You retain ownership of your content. By using the App, you grant us a limited license to store, process, and transmit your content for providing the service.

5.2 Data Responsibility

You are responsible for:

• The accuracy of information you provide
• Ensuring you have permission to share contact information
• Complying with data protection laws

6. SMS and Communication Services

6.1 SMS Services

The App uses SMS for notifications and approvals. Standard messaging rates may apply.

6.2 Communication Consent

By using the App, you consent to receive SMS messages related to:

• Task assignments and updates
• Client approval requests
• Account verification

7. Voice Agent Usage

7.1 Voice Processing

The Voice Agent processes audio for natural language understanding. Audio is processed in real-time and not stored.

7.2 Privacy Considerations

Voice data is used solely for command processing and is not retained or shared with third parties.

8. Intellectual Property

8.1 App Ownership

Nailbag and its content are protected by intellectual property laws. You may not copy, distribute, or create derivative works without permission.

8.2 User Content

You retain ownership of your content but grant us the rights necessary to provide the service.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

10. Disclaimers

10.1 Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted access.

10.2 Professional Advice

The App is a tool for project management. It does not provide professional advice. Always consult qualified professionals for construction-related decisions.

10.3 No Warranties

The App is provided "as is" without warranties of any kind.

11. Consumer Guarantees and Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) which cannot be excluded, restricted or modified by agreement. Subject to the ACL and to the maximum extent permitted by law, we exclude all liability for any loss or damage (including indirect or consequential loss, loss of data, profits or business) arising from your use of the App. Where liability under the ACL cannot be excluded but may be limited, our liability is limited to the resupply of the services or the cost of having the services supplied again.

For clarity, and subject to the above, we are not liable for:

• Indirect, incidental, or consequential damages
• Loss of data, profits, or business interruption
• Service interruptions or data loss
• Any damages arising from your use of the App

12. Indemnification

You agree to indemnify and hold us harmless from any claims arising from your use of the App or violation of these Terms.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

14. Dispute Resolution

If a dispute arises, the parties will first attempt to resolve it in good faith within 30 days. If it cannot be resolved, each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Proceedings must be conducted in English.

15. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via the App or email.

16. Contact Us

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

dev@nailbag.app

17. Severability

If any provision of these Terms is held invalid, the remaining provisions shall remain in effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the App.