Nessities Terms of Use

Welcome to Nessities. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you") and Nessities ("we", "us", or "our"), governing your access to and use of the website located at nessities.com, the web application located at app.nessities.com, and any associated Progressive Web App (PWA) distributions.

By accessing or using Nessities, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue using the Service.

1. Description of the Service

Nessities is a personal digital wallet and promotional discovery platform designed to organize and display physical loyalty cards, club memberships, and store discount coupons on mobile and desktop screens via optical barcodes (e.g., EAN-13, EAN-8, CODE-128, QR codes).

2. User Accounts & Passwordless Authentication

• Account Registration: To synchronize your loyalty cards across sessions, you must provide a valid email address. Account authentication is passwordless and operates through temporary 6-digit one-time passcodes (OTP).
• Security of Credentials: You are responsible for maintaining the confidentiality of and access to your email account. Any actions performed using your authenticated session will be attributed to your account.
• Eligibility: You must be at least 16 years of age (or the age of majority in your jurisdiction) to create an account.

3. Third-Party Merchants & Trademark Nominative Fair Use

• Independent Utility: Nessities is an independent software tool. We are not owned by, operated by, or directly affiliated with the retail brands or merchants whose loyalty cards you store in your personal wallet.
• Nominative Fair Use: Merchant names, brand logos, color themes, and promotional materials referenced within the application are the intellectual property of their respective trademark owners. They are displayed strictly for nominative identification purposes to assist users in categorizing their cards.
• Retailer Scanner Compatibility: While Nessities renders high-contrast optical barcodes and provides maximum brightness boosts, we do not warrant that every individual retailer optical scanner, cashier POS station, or store policy will scan or accept barcodes displayed on glass mobile screens.
• Promotional Disclaimers: Promotional deals, catalog discounts, and coupon expiration dates are published by third-party retailers. Nessities does not guarantee the availability, pricing, or honoring of third-party store promotions.

4. Acceptable Use Policy

When using Nessities, you agree that you will not:

• Generate fraudulent, falsified, or unauthorized barcode numbers intended to deceive retail cashiers or defraud merchants.
• Engage in automated scraping, mass data harvesting, or denial-of-service attacks against Nessities APIs or infrastructure.
• Abuse the passwordless email dispatch system by repeatedly triggering OTP requests to unauthorized or invalid email addresses.
• Reverse-engineer, decompile, or attempt to extract the server-side proprietary algorithms of Nessities.

5. Intellectual Property Rights

The Nessities application, codebase, user interface design, branding, vector icons, and documentation are the exclusive property of Nessities and are protected under international copyright, trademark, and trade secret laws.

6. Termination & Right to Erasure

You may terminate your account at any time, for any reason, without notice. You can execute permanent account termination directly via the Article 17 Account Deletion button inside the User Settings menu of the app. Upon confirmation, your user profile, active authentication tokens, and synced loyalty card records will be immediately and irreversibly purged from our databases.

7. Disclaimer of Warranties

THE SERVICE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY FREE OF HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NESSITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, DEVICE INCOMPATIBILITY, OR RETAILER DISCOUNT REFUSALS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the European Union, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved in the competent courts having jurisdiction over the data controller, subject to mandatory local consumer protection statutes.

10. Modifications to Terms

We reserve the right to modify these Terms to reflect technical updates, statutory requirements, or new features. When changes are made, the revised Terms will be posted with an updated Effective Date. Continued use of the Service following modifications constitutes your acceptance of the revised Terms.

11. Contact Information

For inquiries regarding these Terms of Use, please contact:

Nessities Administration
Email: nessities@nessities.com
Web: nessities.com • App: app.nessities.com