Terms of Service

nēdl and stūdio Terms of Service (ToS)

Effective Date: September 26, 2024

1. AGREEMENT TO TERMS
By accessing or using the services provided by nedl.com Inc. ("nēdl" or "stūdio," collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms are an agreement between you and nēdl, Inc. (“we,” “us,” or “our”) and govern your use of our websites, applications, APIs, and other services that link to these Terms. You are entering into a legally binding agreement.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

2. WHO MAY USE THE SERVICES
You may use the Services only if you agree to form a binding contract with nēdl and are not a person barred from receiving services under the laws of the applicable jurisdiction. You must be at least 13 years old to use the Services.

By agreeing to these Terms, you represent and warrant that you have the right, authority, and capacity to use the Services and to comply with all applicable laws and regulations.

3. PRIVACY
Our Privacy Policy explains how we collect, use, and protect your information when you use our Services. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy, including the transfer of this information to the United States and/or other countries for processing and storage.

4. CONTENT ON THE SERVICES
YOU RETAIN OWNERSHIP OF ANY CONTENT YOU CREATE AND POST USING THE SERVICES. WHAT’S YOURS IS YOURS—YOU OWN YOUR CONTENT.

However, by submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods now known or later developed. This license authorizes nēdl to make your content available to other companies, organizations, or individuals for syndication, broadcast, distribution, promotion, or publication, subject to our terms.

WE RESERVE THE RIGHT TO MONETIZE YOUR CONTENT as it resides on our servers. We may share proceeds generated from transcriptions, recordings, or other formats with you on a 50/50 basis, as detailed in the platform guidelines.

36-Hour Exclusivity Period: Any content you broadcast using the Services will be exclusive to the platform for a 36-hour period (subject to change). During this time, nēdl retains exclusive rights to monetize and distribute the content. After the exclusivity period, you retain full ownership, but nēdl reserves the right to continue monetization through agreed mechanisms while the content resides on our servers.

PERMANENT DELETION: If you delete content from the Services, it will be permanently removed from our systems. We are not liable for any loss of data or errors in deletion, whether caused by us or you.

5. ACCOUNT MANAGEMENT AND PLATFORM ACCESS
SOLE RIGHT TO BROADCAST SELECTION: nēdl, its board, and its occasional outside consultants retain the sole right to determine who is granted the privilege to broadcast via stūdio. This decision is based on numerous factors, including, but not limited to, content quality, community impact, and adherence to platform principles.

HATE SPEECH PROHIBITED: We maintain a zero-tolerance policy towards hate speech of any kind—including willful ignorance, racism, sexism, xenophobia, and other forms of bigotry. Hate speech is not permitted and will result in the immediate suspension of broadcasting rights. We alone reserve the right to define hate speech and take appropriate action to protect the platform from such content.

ACCOUNT MODIFICATION AND RECLAMATION: nēdl reserves the right to modify, reclaim, or delete any user account at any time, for reasons including, but not limited to, inactivity, violation of these Terms, or at our sole discretion.

NON-TRANSFERABILITY: Your account and access rights are non-transferable. You may not assign, sell, or transfer your account to anyone else without our explicit written consent.

6. HAY & IN-APP PURCHASES
HAY CURRENCY: nēdl offers an in-app currency called "Hay," which you can purchase and use to support content creators, participate in events, and tip broadcasters on the platform. Each unit of Hay has a monetary value equivalent to $1.

PRICING AND CHANGES: Prices for purchasing Hay are subject to change at any time without notice. We are not responsible for any discrepancies or perceived losses in your Hay balance due to price fluctuations or other factors. We will make reasonable efforts to maintain accurate records but do not guarantee that your balance will always reflect the exact amount of Hay you believe you hold.

LOSS OF STORED VALUE: Hay may disappear from your account due to system errors, unauthorized access, or other issues. While we make best efforts to return any lost value, we cannot be held responsible for the loss of Hay or its value.

HAY EXPIRATION: Purchased Hay must be used or cashed out within six months of inactivity. After six months of no use or no action, any unused Hay will expire and be permanently forfeited.

CASHOUT REQUIREMENTS: Users can cash out their Hay balance when certain thresholds are met. For nēdl, the cashout threshold is $25. For stūdio, the threshold is $250. You may purchase additional Hay to reach the required cashout threshold. Once you cash out, the corresponding value will be transferred to you via the payment method of your choice.

7. BROADCAST CONTENT AND INDEMNIFICATION
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless nēdl, its affiliates, and licensors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Services, including any content you broadcast, upload, or otherwise make available.

NO LIABILITY FOR BROADCAST CONTENT: nēdl does not take responsibility for content created by users. The Services are provided "AS IS," and you assume full responsibility for your broadcasts, including their legality and compliance with applicable laws. We reserve the right to remove content that violates these Terms or applicable laws but make no guarantees regarding content accuracy or legality.

8. LIABILITY AND DISCLAIMERS
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NĒDL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT WILL NĒDL’S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100) OR THE AMOUNT YOU PAID NĒDL IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

NO WARRANTIES: NĒDL PROVIDES THE SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9. TERMINATION
RIGHT TO TERMINATE: nēdl may terminate or suspend your access to the Services at any time for any reason, including if we believe you have violated these Terms or are creating risk or possible legal exposure for us.

USER TERMINATION: You may deactivate your account at any time. Upon termination, you retain the right to retrieve your content within 30 days before permanent deletion.

10. CHANGES TO TERMS
RIGHT TO MODIFY TERMS: We may revise these Terms from time to time. The most current version of the Terms will always be available at nedl.com. If we make material changes, we will provide you with 30 days' notice. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

11. MISCELLANEOUS
GOVERNING LAW AND JURISDICTION: These Terms are governed by and construed under the laws of California, UNITED STATES OF AMERICA, without regard to its conflict of laws provisions. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts in California, USA.

ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and nēdl regarding your use of the Services and supersede any prior agreements.

If you have any questions about these Terms, please contact us at info@findnedl.com or contactus@nedl.com.