FuseBase Terms and Conditions

Name and scope. FuseBase is a product and brand of Nimbus Web Inc. (doing business as FuseBase). In this document, “FuseBase,” “we,” “us,” and “our” refer to Nimbus Web Inc. when describing the provider. References to FuseBase products or services concern only offerings within this document’s stated scope. Nimbus Web Inc. remains the legal entity responsible for its obligations.

Welcome to FuseBase. “You,” “Your,” and “Customer” refer to you as a customer or user of our websites, products, or services as defined below.

These Terms govern access to and use of the websites, proprietary software, SaaS platform, apps, APIs, AI-enabled features, managed hosting and related services provided by FuseBase (collectively, the “Services”). FuseBase provides distinct SaaS and managed hosting services that may share one account and subscription. Hosting includes customer-initiated deployment of supported applications, ordinary scheduled maintenance and updates, and ordinary deletion within the agreed scope. Implementation, custom development and other professional services are included only as expressly agreed. The applicable plan, order or statement of work identifies entitlements, resources and charges. By accessing or using the Services, you agree to these Terms through the applicable acceptance process. If acting for an organization, you must have authority to bind it.

You should also read our Privacy Policy, List of Disclaimers and Refund Policy, which are incorporated by reference into this Agreement and available on the Website.

Your use of certain Services or features may also be subject to supplemental terms, including the EULA, applicable Hosting Terms, AI Supplemental Terms, and product-specific policies. A separately signed agreement and its negotiated order of precedence control conflicts concerning its subject matter. Otherwise, applicable supplemental terms control solely for their specified service or subject: the EULA for proprietary software rights and its express software warranty, the Hosting Terms for hosting and maintenance expressly undertaken by FuseBase, the AI Supplemental Terms for AI functionality, and the Refund Policy for billing, cancellation and refunds. The DPA governs personal-data processing within its scope; an applicable BAA governs HIPAA-specific obligations, and mandatory international-transfer clauses retain their precedence. Third-party licenses govern rights in that software. Mandatory legal rights remain unaffected.

Please contact us at legal@thefusebase.com with any questions regarding this Agreement.

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website, the Products, online subscription and any other services of FuseBase. This Agreement includes FuseBase’s (i) Privacy Policy, (ii) List of Disclaimers, (iii) Refund Policy, and You hereby acknowledge and agree to comply with this Agreement if you purchase the Product, and/or any other additional features, products or services we offer on the Website.

By accessing or using the Website, you accept this Agreement through the applicable acceptance process and consent to electronic notices via email, your account, or both, to the extent permitted by law. To withdraw consent, cease using the Website and terminate your account, subject to applicable rights and obligations. Keep a copy for your records. The Company may modify this Agreement at its discretion. Changes take effect on the stated effective date through the notice and acceptance process required by the applicable agreement and law; posting alone does not override an existing signed agreement or remove accrued rights.

Eligibility

No part of the Website or FuseBase Products is directed to persons under the age of 14 year old. By using the Website and/or FuseBase Products, You are representing that you are at least 18 years old or that you are 14-17 years old and have your parents’ or legal guardian’s permission to access and use the Website and/or FuseBase Products. Any use of the Website or FuseBase Products is void where prohibited. By accessing and using the Website and/or FuseBase Products, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Using the Website and/or FuseBase Products may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Website and/or FuseBase Products

Creating an Account

In order to create an account on the Website, You have to sign up using your email address and other required Personal Information on the Website. If you do so, you authorize us to contact you via email and provide you with all necessary information to access the Website. We might need to collect some information from you to personalize the Website for you. Please consult our Privacy Policy posted on the Website for more information regarding what information we collect from you and how we use it.

Term and Termination

This Agreement will remain in full force and effect while you use the Website and/or the Product, and/or have an FuseBase account. You may disable your account and stop using the Website, and the Product at any time for any reason.

The Company may terminate or suspend your account or affected Services and cancel your subscription in its discretion, with or without cause and with or without notice, subject to your governing agreement and applicable law. Protective action may be immediate where needed for security, abuse, unlawful use or nonpayment. Notice, data return and any applicable refund or other remedy remain governed by that agreement, the DPA, the Refund Policy and mandatory law. Ordinary voluntary cancellation does not create a refund of unused fees. We need not disclose a reason where disclosure is prohibited by law. Provisions that by their nature survive remain in effect.

Following termination, data retention, return, deletion, de-identification and disposal follow the applicable DPA, Privacy Policy and governing agreement. Cancelling renewal, ending an individual hosted application, suspending access and closing an account are distinct events. DPA return and deletion duties are not displaced by general references to technical limitations, business needs or backup practices. Optional migration or custom technical services do not condition ordinary cancellation/deletion or assistance required by the agreement or law.

PERSONAL and COMMERCIAL Use by Users

The Website and the Product sold through the Website are suitable for personal and for commercial use and require you to either purchase the Product and/or subscribe to a paid plan, including product suites, single products, desktop utilities, etc. You may also accept additional features, products or services we offer on the Website, such as free trials, discounts and promotions. It is your responsibility to use the Website and the Product in a private and secure manner.

The Company is not liable to you for any damage or loss due to unauthorized account access resulting from your actions or at no fault of the Company.

You may not use the Website, the Product, Your account, and/or blog for any illegal activity or to violate laws in your jurisdiction. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, the Product, your account, blog, and/or other services through the Website.

WITHOUT LIMITING THE FOREGOING, YOU MAY NOT USE THE WEBSITE, THE PRODUCT, OR ANY SERVICES, INCLUDING ANY AI-ENABLED FEATURES, TO: (I) INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR CONFIDENTIALITY RIGHTS; (II) GENERATE, DISTRIBUTE, OR FACILITATE MALWARE, EXPLOITS, CREDENTIAL THEFT, FRAUD, HARASSMENT, OR OTHER HARMFUL, DECEPTIVE, OR ABUSIVE ACTIVITY; (III) INTERFERE WITH, DISRUPT, OR CIRCUMVENT ANY SECURITY, ACCESS, OR USAGE RESTRICTIONS OF THE WEBSITE, THE PRODUCT, OR ANY THIRD-PARTY SERVICE; OR (IV) USE ANY APPLICATION, PORTAL, WEBSITE, WORKFLOW, AGENT, AUTOMATION, INTEGRATION, OR OTHER IMPLEMENTATION BUILT USING FUSEBASE IN A MANNER THAT VIOLATES APPLICABLE LAW OR CREATES UNREASONABLE RISK TO FUSEBASE, THIRD PARTIES, OR THE PUBLIC.

Except as permitted by the applicable agreement, third-party license or mandatory law, you must not tamper with or reverse-engineer FuseBase proprietary software or bypass access restrictions. This does not prohibit use of supported APIs, SDKs, app-building tools or other authorized development functionality, or restrict independent rights in third-party software or Customer Content. The Company may investigate violations and pursue available remedies.

Account Security

You are responsible for maintaining the confidentiality of your access credentials (username and password), and you are solely responsible for all activities that occur under your account, username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your account, username or password, or any other breach of security at email: contact@thefusebase.com and ensure that you log out from your account at the end of each session.

DISCLAIMER

The exclusions, customer responsibilities, service-change rights and liability limitations in this document apply to the fullest extent permitted by law. They do not override the governing signed agreement, express warranties or services FuseBase undertakes under the applicable agreement, including managed deployment and maintenance, or duties under an applicable DPA, BAA or mandatory transfer clauses. No provision excludes a right or liability that cannot lawfully be excluded. These qualifications do not create additional warranties, support, service levels or refunds.

The Company is not responsible FOR THE ACCURACY OF THE INFORMATION PRESENT ON THE WEBSITE. ANY USE OF THE MATERIALS OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA.

ALL PRODUCTS AND SUBSCRIPTIONS SOLD THROUGH THE WEBSITE HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY WHETHER EXPRESS IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.

ANY MATERIAL, PRODUCT, SERVICE, OR SUBSCRIPTION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL, PRODUCT, , OR SUBSCRIPTION. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL, PRODUCT, SERVICE, OR SUBSCRIPTION.

You should also read our List of Disclaimers, which is incorporated by reference into this Agreement and available on the Website.

AI-enabled features and generated content, code, applications, workflows, agents and other implementations remain subject to the AI Supplemental Terms and their exclusions. You are responsible for reviewing, testing, validating and approving customer-controlled outputs and implementations before use or deployment, except to the extent FuseBase expressly undertakes specified work under the applicable agreement. Customer review does not transfer FuseBase’s expressly agreed duties to you.

Proprietary Rights

The Company owns and retains all proprietary rights in the Website, the Product, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors.

Restrictions on copying, modification, distribution and commercial exploitation apply to FuseBase proprietary materials and third-party materials to the extent required by their applicable licenses. They do not remove the Customer Content rights set out below or prohibit expressly authorized development and delivery of customer-created apps, workflows or other materials. Required proprietary notices must be retained.

You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

SUBMISSION OF INFORMATION

With respect to the information you transmit to or from the Website (collectively, your “Content”), you are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the law or rights of others.

As between you and FuseBase, you retain all right, title, and interest in and to your Content, including prompts, files, documents, code, data, submissions, outputs, configurations, applications, workflows, portals, agents, and other materials you upload, submit, create, connect, generate, or otherwise make available through the Services (“Customer Content”), subject to any rights of third parties incorporated into or used in connection with such Customer Content.

You grant FuseBase a non-exclusive, worldwide, royalty-free license to host, reproduce, transmit, process, display, modify, and otherwise use Customer Content solely as necessary to provide, secure, maintain, support, troubleshoot, monitor, improve, and enforce the Services, comply with law, and exercise our rights and obligations under the Agreement.

AI-ENABLED FEATURES AND THIRD-PARTY PROVIDERS

The Services may include AI-enabled features and functionality. Such features may rely on third-party AI providers, third-party infrastructure, customer-selected providers, customer-managed accounts, customer-provided API keys, or a combination of these. Use of AI-enabled features is subject to the AI Supplemental Terms and Conditions and, where applicable, to the terms and policies of relevant third-party providers.

FuseBase is responsible for the FuseBase Services and infrastructure it controls. Third-party providers, customer-selected providers, and customer-provided configurations remain subject to their own terms, policies, technical limitations, and compliance posture.

CUSTOMER-BUILT IMPLEMENTATIONS

If you use the Services, including AI-enabled features, to create, configure, publish, host, deploy, connect, or enable any application, portal, website, workflow, automation, agent, integration, or other implementation, you are solely responsible for that implementation, including its content, operation, configuration, connected services, permissions, security settings, notices, disclosures, consents, and compliance with applicable law, unless FuseBase expressly agrees otherwise in writing.

DOWNLOADS

Downloaded FuseBase proprietary software is licensed under the applicable EULA and entitlement. Third-party software remains subject to its own licenses and notices. No broader rights are granted than FuseBase is authorized to grant.

COPYRIGHTS, TRADEMARKS AND PATENTS

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Website and the Products are the property of Nimbus Web Inc. (dba FuseBase) and other rights holders. All Trademarks are provided for Your information and do not grant You a license to use them. Neither title nor intellectual property rights are transferred to You.

The following limits apply to FuseBase proprietary website materials, subject to express permissions, independent third-party licenses and mandatory law; they do not restrict Customer Content or authorized business use of the Services. Redistribution or reproduction is prohibited other than the following:

– you may print or download to a local hard disk extracts for your personal and non-commercial use only

– you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

NOTICE TO COPYRIGHT OWNERS AND HOLDERS

If you an owner or authorized holder of copyrighted materials and want to submit a copyright violation notice and/or want us to remove your website or online address links to your copyrighted materials, so that our program extension will not be able to download from it, please contact us at legal@thefusebase.com . You will have to provide us with your name, indicate your website and/or website links to your copyrighted materials, year of publication and any proof of your copyright. No anonymous request will be reviewed.

COPYRIGHT VIOLATION NOTICE

Please take note, that though our Products provide tools to download video or music content from the Internet, You, the user and customer of FuseBase, are solely responsible for unauthorized downloading and use of copyrighted content. If You are not sure whether or not downloadable content is protected by copyright laws, You shall contact the owner or publisher of such content first and ask for permission to download it.

FuseBase has no resources and ability to review downloads made by our users. We respect the rights of copyright owners and holders and do our best to safeguard them, including having the process of reviewing copyright violation notices and removing websites with copyrightable content or online links to copyrightable content from our program extensions so it will not be able to download from that website or online address.

FUSEBASE HEREBY EXPRESSLY DECLARES THAT IT IS NOT RESPONSIBLE FOR UNAUTHORIZED DOWNLOADS AND USE OF COPYRIGHTED CONTENT MADE BY OUR USERS. YOU ACKNOWLEDGE THAT YOU BEAR ENTIRE LIABILITY, IF ANY, FOR COPYRIGHT VIOLATIONS.

MARKETING AND PUBLICITY

Customer acknowledges and accepts that FuseBase has the right to use Customer’s name and logo to identify Customer as a customer or user of the Service, on FuseBase’s website, marketing materials or otherwise by public announcements. Customer may revoke such right, at any time, by contacting legal@thefusebase.com.

CUSTOMER AND SUPPORT SERVICES

The Company provides assistance and tech guidance through its customer service and support representatives that can be reached at contact@thefusebase.com. When communicating with our customer and support service representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and cancel your subscription.

Modifications to or discontinuance of the website

The Company reserves the right to modify, suspend or discontinue the Website or Services, temporarily or permanently, with or without notice, subject to its governing agreements and law. Applicable notice, data-return, signed service commitments and remedies remain in effect. The ordinary voluntary-cancellation non-refund rule does not alone determine remedies when FuseBase permanently withdraws a prepaid service. To protect service integrity, the Company may block access from certain IP addresses.

Links to other web sites or resources

The Website may contain, and the Website or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.

Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Website. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.

Limitations on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SUBSCRIPTION SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR your use of THE WEBSITE WHILE YOU HAVE AN ACCOUNT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Arbitration and Governing Law

These provisions remain subject to mandatory law, the governing signed agreement, and the DPA and mandatory transfer provisions within their scope. They do not restrict a data subject’s non-waivable regulator, court or transfer-clause rights.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the County of New Castle, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Billing cancellation and refunds

The Billing Cancellation and Refund Policy governs subscription renewals, selling channels, cancellation and refunds. Your purchase terms identify prices, billing periods, included services and any usage charges or minimum commitment. Automatic renewal requires the authorization and disclosures applicable to that purchase. Optional technical assistance, expedited updates, custom access, custom backups and migrations may carry charges agreed before chargeable work begins; included work and legally required assistance remain governed by existing obligations.

Subscription expiry and content

Ending a paid SaaS subscription does not by itself delete existing workspace content. Access, ability to add content and paid features follow the applicable remaining entitlement and any free-plan limits. This does not promise indefinite storage after account closure or override the DPA. Expiry of a hosting entitlement ends hosted application access subject to applicable return duties and agreed transition arrangements; it does not imply continued operation under a free SaaS plan. Deleting an included hosted app does not by itself reduce the bundle price. Account closure and application deletion follow their applicable data lifecycle and return/deletion obligations.

FOREIGN LEGISLATION

You are responsible for laws applicable to your use and customer-controlled implementations. The Company does not warrant that every customer implementation meets every jurisdiction’s requirements. This does not exclude laws or contractual data-protection duties applicable to the Company itself.

Indemnity by You

To the extent of the law, you agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Notices

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Website in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.

Entire Agreement; Miscellaneous

This Agreement, with the Privacy Policy, List of Disclaimers, Refund Policy, and any specific guidelines or rules that are separately posted for particular subscription services or offers on the Website, contain the entire agreement between you and the Company regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death or entity’s dissolution/cancellation. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

Amendments

The Company may change this Agreement at its discretion, subject to the governing agreement and mandatory law. The stated effective date and applicable notice/acceptance process govern adoption. Changes do not retrospectively remove accrued rights or amend signed agreements by website posting alone.

How to contact us?

We strongly advise to use our contact form https://thefusebase.com/support/
contact us by email:

General inquires: contact@thefusebase.com

Legal inquires: legal@thefusebase.com

Contact Phone:

(216) 438-1917 (Note: any promotional phone calls won’t be responded