Terms & Conditions

1. Parties & definitions

This agreement is between Nueve Platforms, LLC, a Florida limited liability company with offices at 390 NE 191st St STE 17041, Miami, FL 33179, USA ("Nueve", "we", "us"), and you, the customer ("Customer", "you").

Key definitions:

• "Service" means the Nueve SaaS platform, including AI content generation, scheduling, publishing, analytics and related features.

• "Subscription" means your paid access to the Service.

• "Customer Content" means any photo, video, menu data, brand asset or other material you upload.

• "AI Output" means content the Service generates for your account (captions, images, videos, audio, hashtags).

• "Brand" means the parent business entity holding the account, which may own one or more "Restaurants" (locations).

• "Effective Date" means the date this agreement is electronically signed.

• "Term" means the period during which an active Subscription is in place.

2. The Service

Nueve is an AI marketing platform that generates content (text, images, videos, captions, audio) for your business and publishes it to your connected social networks (Instagram, Facebook, TikTok, YouTube, LinkedIn, Google Business). Features available depend on your plan tier, listed at nueveapp.com/pricing.

The account is structured around a Brand that owns one or more Restaurants. One Subscription covers the whole Brand and all linked locations — a multi-location owner does not need separate accounts per location.

Nueve may add, modify or remove features over time. Material reductions go through Section 16 (Amendments) with prior notice.

3. Subscription term & cancellation — no commitment

The Subscription is month-to-month with no commitment. No minimum term, no early-termination fee, no clawback of the period already paid.

You may cancel at any time from Settings → Subscription. Cancellation takes effect at the end of the current billing period and you keep full access until then.

If you do not cancel, the Subscription renews automatically at the same plan and price (subject to Section 4 for price changes).

4. Fees & payment

Prices are in U.S. dollars (USD, $) and listed at nueveapp.com/pricing. Subscriptions are billed in advance — monthly for monthly plans, annually for annual plans.

Payment is processed by Stripe; your card details are never stored on Nueve's servers. Upgrades are prorated effective immediately. Downgrades take effect at the next billing cycle.

You are responsible for any applicable taxes (VAT, sales tax) not collected by Nueve. Prices may be updated with at least 30 days' email notice; you may cancel before the new price takes effect.

If a payment fails, we will retry up to three times over seven days; after that the Service may be suspended until payment is restored.

5. Free trial & refunds

A free trial or promotional period may be offered. At its end, the Subscription converts to a paid plan unless you cancel.

You may request a refund of the most recent Subscription fee within 14 days of first payment. Beyond that 14-day window, no refund is granted except in exceptional circumstances at Nueve's discretion.

For EU consumers subscribing as natural persons for non-business use, statutory withdrawal rights under EU Directive 2011/83/EU apply where mandatory.

6. Acceptable use

You agree not to use the Service to:

• publish content that infringes third-party rights (copyright, trademark, privacy, publicity, defamation);

• impersonate another business;

• spam, abuse or violate the terms of third-party APIs (Meta, TikTok, etc.);

• generate content illegal under applicable law;

• generate unsubstantiated health, dietary, medical or safety claims;

• reverse-engineer, decompile, scrape or otherwise improperly access the Service;

• build a product or service that competes with Nueve using the Service;

• exceed the rate or volume limits of your plan tier abusively.

Serious or repeated violations may result in suspension or termination under Section 14.

7. Intellectual property — your content belongs to you

Nueve owns its PLATFORM and TECHNOLOGY: algorithms, AI models (proprietary), source code, interfaces, designs, trademarks, name and logo. Nothing here transfers any rights in those to you beyond the limited license to use the Service.

You retain 100% of the rights to Customer Content you upload AND to AI Output generated for your account — no time limit, no commercial-use limit. You may publish, modify, reuse it on other channels, or assign it to third parties freely.

You grant Nueve a limited, non-exclusive, royalty-free license to host, process, display, transmit and back up Customer Content and AI Output solely to provide the Service.

You warrant you own or have all necessary rights in the Customer Content you upload. Nueve does not warrant that AI Output is free of third-party claims (e.g., similarity to an existing work); you must review AI Output before publishing.

8. AI — training, moderation & accuracy

Model training: Nueve does NOT use Customer Content or AI Output to train external or commercial AI models without your explicit opt-in. Aggregated and fully anonymized metrics may be used to improve the Service.

Third-party AI providers: Nueve uses third-party models (Anthropic, OpenAI, Google, ElevenLabs, FAL and others) to generate AI Output; their terms apply to the underlying inference and Nueve is not responsible for their independent behavior.

Accuracy: AI Output may contain inaccuracies, biases, fabricated facts or content inappropriate in context. You are responsible for reviewing AI Output before publishing. Nueve makes no warranty as to accuracy, reliability, suitability or fitness for a particular purpose.

Moderation: Nueve may refuse to generate or publish content that violates this agreement, applicable law or third-party platform policies (e.g., hate speech, sexual content involving minors, content that promotes self-harm).

9. Data, privacy & security

Customer Content and account data are hosted on Supabase and Google Cloud (EU + US). Security: TLS in transit, encryption at rest, role-based access control, regular backups, audit logging.

Nueve complies with the General Data Protection Regulation (GDPR) for EU residents and the California Consumer Privacy Act (CCPA) for California residents. The full privacy notice is at nueveapp.com/privacy.

You may export or permanently delete your data at any time from Settings → Account. A Data Processing Agreement (DPA) is available on request for business customers at [email protected].

In the event of a personal data breach, Nueve will notify affected customers and competent authorities within 72 hours where required by law.

10. Third-party services

The Service integrates with third-party providers including Stripe (payments), Meta (Instagram, Facebook), TikTok, LinkedIn, YouTube, Google (Places, Maps, Cloud), Anthropic, OpenAI, ElevenLabs and FAL.

These providers are independent of Nueve. Nueve has no control over their policies, uptime, content-moderation decisions or rate limits. Nueve is not responsible for content moderated, demoted, removed or rejected by any third-party platform, nor for outages caused by upstream providers.

When you connect a social account, you are also bound by that platform's terms with respect to content you publish through Nueve.

11. Warranties, disclaimers & beta features

Nueve will provide the Service with reasonable commercial care.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUEVE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, including merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing or usage of trade.

Nueve does not warrant that the Service will be uninterrupted, error-free or meet specific business requirements, nor that AI Output will be accurate or non-infringing.

Features labeled "beta", "preview" or "experimental" are provided as-is with no warranty and may be modified or discontinued at any time without notice.

Nothing in this agreement excludes liability that cannot be excluded under applicable law (e.g., gross negligence, willful misconduct, fraud, death, personal injury, or mandatory consumer protection).

12. Indemnification

You indemnify Nueve against any third-party claim, loss or expense (including reasonable legal fees) arising from: (a) your Customer Content, (b) your violation of Acceptable Use or applicable law, (c) AI Output once you have published it, or (d) any unauthorized use of the Service via your account.

Nueve indemnifies you against any third-party claim that the Service itself (excluding Customer Content, AI Output and third-party services) infringes a U.S. patent, copyright or trademark, provided Nueve has prompt written notice, sole control of the defense and your reasonable cooperation.

Nueve's indemnification obligation is subject to the cap in Section 13.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUEVE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, including lost profits, lost revenue, lost goodwill or lost data, even if Nueve was advised of the possibility.

NUEVE'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, FROM ANY CAUSE WHATSOEVER, OVER ANY 12-MONTH PERIOD, IS LIMITED TO THE AMOUNT YOU PAID NUEVE DURING THAT PERIOD.

These limits do not apply to amounts owed by you (e.g., unpaid Subscription fees), to indemnification under Section 12, or to liabilities that cannot be limited under applicable law.

14. Suspension & termination

Termination for convenience: you may terminate at any time per Section 3; Nueve may terminate with 30 days' email notice.

Termination for cause: either party may terminate immediately if the other materially breaches and fails to cure within 30 days of written notice (or immediately, in the case of non-payment beyond the grace period, illegal use or violation of Acceptable Use).

Suspension: Nueve may suspend the Service for non-payment, suspected security risk, violation of Acceptable Use, or while investigating a complaint, with notice when reasonable.

Effects: your access to the Service ends; you have 90 days to export your data; after that period the data is permanently deleted, except where retention is required by law. Sections that by their nature should survive (including 7, 9, 12, 13, 15, 16) do survive.

15. Governing law & dispute resolution

This agreement is governed by the laws of the State of Florida, USA, excluding its conflict-of-laws principles.

Step 1 — good-faith discussion: before filing any claim, the parties will attempt to resolve any dispute in good faith for at least 30 days.

Step 2 — mediation (optional): the parties may agree to non-binding mediation.

Step 3 — binding resolution: any unresolved dispute will be settled either by the courts of Miami-Dade County, Florida, or by binding arbitration in Miami, FL at Nueve's election, under JAMS Streamlined Arbitration Rules.

Class action waiver: to the extent permitted by law, claims must be brought individually, not as part of a class or representative action.

EU consumers: notwithstanding the above, mandatory consumer-protection provisions of your country of residence apply, including the right to bring a claim before the courts of your residence.

Statute of limitations: claims must be brought within one (1) year of the cause of action, except where a longer mandatory period applies.

16. General provisions

Authority: the person signing represents they have full legal authority to bind the Brand and all Restaurants linked to it now or in the future.

Independent contractors: the parties are independent contractors; nothing here creates an agency, partnership, joint venture or employment relationship.

Notices: in writing, by email — to [email protected] for Nueve and to your registered account email for you; deemed received the next business day.

Assignment: you may not assign without Nueve's prior written consent (except to a successor in merger or acquisition of substantially all your assets); Nueve may assign to an affiliate or successor.

Severability: if any provision is held invalid, the rest remains in effect.

Force majeure: neither party is liable for failure due to events outside its reasonable control (natural disasters, war, pandemic, governmental action, prolonged outage of a third-party provider exceeding 7 days).

Anti-corruption & sanctions: you represent you are not on U.S. sanctions lists (OFAC, etc.) and will not use the Service in violation of U.S. export controls, the Foreign Corrupt Practices Act, the U.K. Bribery Act or similar laws.

Entire agreement: this agreement, together with the privacy policy at nueveapp.com/privacy and the service agreement signed in the application, constitutes the entire agreement between the parties.

Amendments: material amendments require at least 30 days' email notice; continued use after the effective date constitutes acceptance.

Language: these terms are provided in multiple languages; the English version governs in case of discrepancy, except where mandatory consumer rules require otherwise.

17. Generated website, hosting & blog

Certain plans let Nueve generate a public micro-site for your restaurant (and, on the Platinum plan, a custom-domain site and an automatically-generated SEO blog). This is part of the Service and is provided on the following terms.

Nueve hosts and serves the site. The generated site, blog and their images are hosted on and served from Nueve's own infrastructure. When you connect your own domain name, you point that domain's DNS at Nueve; the pages are still rendered and delivered by Nueve. The site is not exported, copied or transferred to your own servers, and no separate copy of the site is delivered to you. You keep ownership of the domain name itself and of your Customer Content and AI Output (Section 7), but the assembled, hosted website is delivered as a service, not as a file you take away.

Availability follows your Subscription. The custom-domain site and the SEO blog are Platinum features and are available only while the corresponding Subscription is active. If you cancel, downgrade or stop paying, Nueve may stop serving the custom-domain site and/or the blog, and may detach your domain from Nueve's hosting, so that your domain no longer displays the Nueve-built site.

Nueve may suspend or take the site offline at any time — including remotely and on a site served on your own domain — for non-payment, cancellation, plan downgrade, suspected abuse, a violation of Acceptable Use (Section 6), a legal or third-party complaint, or otherwise at Nueve's reasonable discretion. Suspension disables serving of the site and its hosted images; it does not delete your underlying Customer Content, which you may still export or delete per Sections 9 and 14.

No results guarantee. Nueve does not warrant any particular search-engine ranking, indexing, traffic, visibility or business result from the generated site or blog. Generated articles and pages are AI Output and are subject to Section 8 (accuracy) and Section 11 (disclaimers); you are responsible for reviewing them.

Transactions on your site. Where the Service lets your own customers order or pay through your site, those payments are processed by Stripe (Section 4 and Section 10) under your own merchant account and the applicable Stripe terms. Nueve merely provides the website and the tooling; Nueve is not a party to, and is not responsible for, transactions between you and your customers, nor for the prices, taxes, delivery fees, availability, fulfilment or refunds you set or owe. You are solely responsible for the accuracy of the menu, prices and other information shown on your site.