Terms and Conditions

1. Acceptance of Terms

Welcome to NuVe System. These Terms and Conditions ("Terms") govern your use of the NuVe System mobile application (the "App") operated by NUVE SYSTEM LLC ("we," "our," or "us").

By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

2. Description of Service

NuVe System is a business management application designed to help operators of client-based businesses organize and manage their customer base and oversee daily business activity from a centralized platform.

The App provides the following functionality:

• Customer profile management and data organization
• Membership tracking and check-in system using phone numbers
• Loyalty points and customer activity tracking
• Internal business record keeping and workflow management

2A. Software Provider Status and Liability Limitations

Independent Business Operations: NuVe System is a software and data management platform provided to independently owned and operated businesses. NUVE SYSTEM LLC does not own, operate, manage, or control any physical business locations, facilities, or establishments that use the App.

No Control Over Business Decisions: NuVe System does not make, control, influence, or participate in any business operator's decisions regarding:

• Customer admission or entry to physical locations
• Membership requirements or eligibility criteria
• Service provision or denial
• Access policies or operational rules
• Customer relationship management practices

Phone Number Technical Requirement: The App requires a valid phone number as a technical requirement for user authentication and login functionality. This requirement is inherent to the system's design and security architecture, enabling secure identity verification through SMS-based one-time codes. Each business operator independently decides whether and how to implement customer registration requirements within their establishment.

Business Operator Responsibility: Any and all policies, practices, rules, or decisions related to customer entry, service, membership enforcement, or access control are the sole responsibility of the individual business operator using the App. Business operators are independent third parties who maintain complete autonomy over their business operations and customer policies.

Limitation of Liability: NUVE SYSTEM LLC and NuVe System are not liable for, and expressly disclaim any responsibility for:

• How business operators apply membership or access policies
• Business operators' decisions regarding customer admission or service
• Any disputes between customers and business operators
• Business operators' compliance with applicable laws and regulations
• Any actions, policies, or practices of business operators using the App

Third-Party Responsibility: Users acknowledge and agree that business operators using NuVe System are independent third parties, and that NUVE SYSTEM LLC's sole role is to provide software tools for data management and business administration.

3. User Eligibility

The App is intended for use by:

• Business operators and their authorized staff members who manage customer data
• Customers of participating businesses who provide their information for membership purposes

You must be at least 18 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement.

4. No User Accounts

NuVe System does not create traditional user accounts with usernames and passwords. Customers identify themselves using their phone number when visiting participating business locations. All customer data is managed by business operators through the App's administrative interface.

5. Data Collection and Privacy

By using the App or providing your information at a participating business location, you acknowledge and agree that we collect and process personal information as described in our Privacy Policy, including:

• Full legal name
• Phone number
• Date of birth
• Address
• Driver's license number
• Points and membership information
• Registration details and comments

Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

5A. SMS / Text Messaging Program Terms

NuVe System sends two categories of text messages, each subject to its own consent:

• Account & Verification Messages: One-time verification codes (OTP) and membership/account notifications required to verify your identity and provide access to membership features. You consent to these messages when you accept the Phone Verification notice during check-in or membership activation.
• Member Benefits & Promotional Messages (optional): Recurring promotional offers, special event announcements, loyalty program updates, membership rewards, and other updates about your NuVe System membership and participating NuVe System locations. These messages are sent only if you expressly opt in by checking the separate Member Benefits & Promotions consent box.

The NuVe System SMS loyalty and messaging program is operated by NUVE SYSTEM LLC. When you opt in, you consent to receive these messages from NUVE SYSTEM LLC.

Message frequency varies. Message and data rates may apply. Consent to receive promotional messages is not a condition of membership, check-in, or any purchase.

Opt out: Reply STOP to any promotional message to cancel promotional messages at any time, or update your communication preferences with the business location. After you send STOP, you will receive a single confirmation message and no further promotional messages will be sent. Help: Reply HELP to any message or contact info@nuvesystem.com for assistance.

Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and is outside our control.

Mobile phone numbers and SMS opt-in consent will not be shared with, sold to, or rented to any third parties or affiliates for their own marketing or promotional purposes. For full details on how mobile information is handled, see our Privacy Policy.

6. User Responsibilities

When using the App, you agree to:

• Provide accurate, current, and complete information
• Maintain the accuracy of your information and promptly update any changes
• Use the App only for lawful purposes and in compliance with these Terms
• Not attempt to gain unauthorized access to the App or its systems
• Not use the App in any way that could damage, disable, or impair the service
• Not attempt to interfere with the proper working of the App

7. Business Operator Responsibilities

Business operators using the App agree to:

• Use customer data only for legitimate business purposes
• Maintain the confidentiality and security of customer information
• Comply with all applicable data protection and privacy laws
• Obtain necessary consent from customers before collecting their information
• Send promotional text messages only to customers who have expressly opted in, and honor all STOP requests immediately
• Handle customer data requests (access, correction, deletion) appropriately
• Not share or sell customer data to unauthorized third parties

8. Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by NUVE SYSTEM LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material in our App without our prior written consent.

9. Prohibited Uses

You may not use the App:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate NUVE SYSTEM LLC, a NUVE SYSTEM LLC employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App
• To collect or track the personal information of others without authorization
• For any fraudulent or malicious purpose

10. Service Modifications and Availability

We reserve the right to:

• Modify or discontinue, temporarily or permanently, the App (or any part of it) with or without notice
• Change these Terms at any time by posting the revised Terms on this page
• Refuse service, terminate accounts, or remove or edit content at our sole discretion

We do not guarantee that the App will always be available or be uninterrupted. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors.

11. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

NUVE SYSTEM LLC DOES NOT WARRANT THAT:

• The App will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The App is free of viruses or other harmful components
• The results of using the App will meet your requirements

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NUVE SYSTEM LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless NUVE SYSTEM LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which NUVE SYSTEM LLC operates, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Texas/United States, and the parties hereby consent to personal jurisdiction and venue therein.

15. Dispute Resolution

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Waiver

No waiver by NUVE SYSTEM LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and NUVE SYSTEM LLC regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of the App after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App.

20. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Contact Information

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

22. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.