Terms of Service

1. Eligibility and account registration

• Age. The Service is intended for users who are at least thirteen (13) years old, and eighteen (18) years old where required to form a binding contract under applicable law (including Indian Contract Act, 1872). By creating an account, you represent that you meet these requirements. The Service is not directed to children under 13 (COPPA).
• Account accuracy. You must provide accurate registration information and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account.
• Business use. ConvertNest is designed for creators and merchants (B2C and small B2B). If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. The Service

ConvertNest provides tools to embed popups on your websites, capture leads, create or upload digital products (including ebooks), send delivery emails, use AI-assisted creation features (where enabled), and view usage and performance information in your workspace.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own business during your active account, subject to these Terms and plan limits.

Native payment connectors inside ConvertNest (for example built-in Stripe or PayPal checkout) may not be generally available. You may link buy buttons to your own external checkout URLs. You are solely responsible for those third-party checkouts, taxes, refunds, and customer payments.

3. Free plan, paid plans, and payments

• Free plan. New accounts may receive a Free plan with stated usage limits (for example sites, products, popups, unique visitors, email sends, and AI credits). Limits may change; current limits are described on our pricing and billing pages.
• Paid plans. When paid plans or add-ons become available, fees, billing intervals, and features will be shown at purchase. We may modify, reduce, or end promotional or free offerings with reasonable notice where practicable.
• Currency. If and when we charge for the Service, prices are denominated in United States Dollars (USD) unless we state otherwise. You are responsible for foreign-exchange fees, international card fees, and any bank or processor charges.
• Taxes. You are responsible for applicable taxes, including US state sales tax (where economic nexus or similar rules apply to your purchases), Indian GST (where applicable), VAT, or other local taxes. We may collect tax where legally required.
• No ConvertNest cut of your sales (when you sell via your own checkout). When buyers pay you through your external checkout URL, ConvertNest does not take a platform cut of that sale. Provider fees still apply between you and that provider.
• Account closure and data. If you cancel your account, fail to pay for a paid plan when due, or remain inactive after termination notice, we may suspend access and, after a reasonable period (for example about thirty (30) days), permanently delete workspace data to manage storage and security, except where we must retain records by law.

4. Your content and platform role

• Ownership. You retain ownership of content you upload or create in ConvertNest (“User Content”), including products, ebook drafts, popup copy, images, and email templates.
• License to us. You grant ConvertNest a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, reproduce, and modify User Content solely to provide, maintain, secure, and improve the Service for you (including backups, CDN delivery, AI features you request, and support).
• Intermediary platform. ConvertNest is a technology platform. We are not the publisher of your offers, and we are not responsible for User Content, your marketing claims, your products, or disputes between you and your visitors or customers, except as required by applicable intermediary / safe-harbor rules.
• Restrictions. You must not upload content that infringes IP or privacy rights; contains malware; is illegal, defamatory, hateful, exploitative, or fraudulent; or is used for spam, phishing, or prohibited goods/services.
• Removal. We may remove or disable User Content or suspend accounts that we reasonably believe violate these Terms or the law, without prior notice where urgent.

5. Leads, emails, and your visitors

• You are responsible for your own privacy notice on sites where ConvertNest is embedded and for lawful collection of visitor data.
• Lead emails collected through your popups belong to your merchant relationship with those visitors; ConvertNest processes them to operate the Service for you.
• You must comply with applicable email and marketing laws (including CAN-SPAM where relevant) and provide unsubscribe / opt-out where required for marketing messages you send.
• You must not use ConvertNest to send unlawful spam or scraped email lists.

6. Intellectual property (ConvertNest)

Except for User Content, the Service—including software, UI, branding, templates we provide, and documentation—is owned by ConvertNest and its licensors. You may not copy, reverse-engineer, decompile, scrape, resell, or create derivative works of the Service except as allowed by law or written permission.

7. DMCA and copyright complaints

We respect intellectual property rights. If you believe copyrighted material has been uploaded to ConvertNest without authorization, send a DMCA-compliant notice to our designated agent:

DMCA / Copyright Agent
Email: legal@convertnest.com

Your notice should include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location in the Service; (c) your contact information; (d) a statement of good-faith belief that use is not authorized; (e) a statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act; and (f) your physical or electronic signature. We may remove or disable access to material and, in appropriate cases, terminate repeat infringers. Counter-notification procedures may apply under the DMCA.

8. Acceptable use

You agree not to:

• Probe, bypass, or disrupt security, authentication, or rate limits.
• Use bots or scraping to extract the Service or other users’ data without permission.
• Impersonate others or misrepresent affiliation.
• Share account access in ways that circumvent plan limits (“account sharing” for unrelated businesses).
• Use the Service for illegal products, fraud, or content that exploits minors.
• Interfere with other customers’ use of the Service.

9. Third-party services

The Service may integrate or link to third parties (hosting, email delivery, AI providers, Google sign-in, fonts, your own checkout URLs, and similar). Their terms and privacy policies govern your use of those services. ConvertNest is not responsible for third-party outages, fees, or policies.

10. “As is” warranty disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONVERTNEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONVERTNEST MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DATA UPLOADED BY YOU WILL BE SAFE FROM LOSS, CORRUPTION, OR DELETION. WITHOUT LIMITING THE FOREGOING, CONVERTNEST DOES NOT WARRANT THAT SERVER OUTAGES, BUGS, PROLONGED DOWNTIME, OR SOFTWARE ERRORS WILL NOT OCCUR, AND DOES NOT GUARANTEE BUSINESS RESULTS, LEADS, SALES, OR INCOME FROM USING CONVERTNEST.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONVERTNEST, ITS FOUNDERS, EMPLOYEES, OR AFFILIATES 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONVERTNEST FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE LESSER OF (I) FIFTY UNITED STATES DOLLARS ($50.00 USD) OR (II) THE TOTAL AMOUNT YOU PAID CONVERTNEST, IF ANY, IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NOTHING (INCLUDING ON A FREE PLAN), CONVERTNEST’S AGGREGATE LIABILITY TO YOU IS ZERO ($0.00 USD) TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

12. Indemnification

You agree to defend, indemnify, and hold harmless ConvertNest and its founders, officers, directors, employees, affiliates, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, court costs, and settlement amounts) arising out of or related to: (a) your User Content (including malware, viruses, malicious code, or content that infringes copyright or other rights); (b) your use or misuse of the Service; (c) your visitors, customers, offers, marketing, or checkout practices; (d) your violation of these Terms or any applicable law; or (e) any third-party claim that ConvertNest faces because of your actions or content on the platform. This obligation includes paying ConvertNest’s legal bills and any damages awarded against ConvertNest to the extent caused by the foregoing.

13. Mandatory arbitration and class-action waiver (US users)

If you reside in the United States, you and ConvertNest agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, not in court, except that either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

You and ConvertNest agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You waive any right to a jury trial to the extent permitted by law.

Arbitration will be administered under rules reasonably selected by ConvertNest that are consistent with Indian arbitration law and practical for cross-border disputes, with proceedings in English. The seat of arbitration shall be in Haryana, India, unless the parties agree otherwise in writing. Nothing in this section prevents ConvertNest from seeking relief in the courts described in Section 14.

14. Governing law and jurisdiction

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to the arbitration provisions above, the courts in Haryana, India have exclusive jurisdiction over disputes arising from these Terms, and you consent to personal jurisdiction and venue there.

15. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access for violation of these Terms, non-payment, legal risk, or prolonged inactivity, with notice where practicable. Provisions that by nature should survive (including IP, disclaimers, liability limits, indemnity, arbitration, and governing law) survive termination.

16. Changes to these Terms

We may update these Terms from time to time. We will revise the “Last updated” date and, for material changes, provide additional notice where practicable (for example in-app or by email). Continued use after changes take effect constitutes acceptance.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and ConvertNest regarding the Service.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• No waiver. Failure to enforce a provision is not a waiver.
• Electronic communications. You agree to receive notices electronically (email or in-product), which satisfy any legal writing requirement.

18. Contact

ConvertNest
Support: support@convertnest.com
Legal / DMCA: legal@convertnest.com
Website: https://convertnest.com