USER AGREEMENT

This User Agreement (the “Agreement”) applies to the CMF website located at www.cmf.tech (including subdomains, “Site”) and regulates the rights and obligations between you and Nothing Technology Limited and its subsidiaries and affiliates (“Nothing” or “we” or “us”) when you use the Site or our products and services or participate in the Nothing community. The Site is the property of Nothing and its licensors. By using the Site or checking the box which indicates that you have agreed to the contents of this Agreement or clicking the “Register” or “Sign up” button, you confirm that you have read and accepted the Agreement. If you do not agree to the Agreement, do not click the “Register” or “Sign up” button, and do not use the Site or use or access the products or services.

Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time. Nothing reserves the right, at its sole discretion, to amend the terms of the Agreement. Such amendments may be intended to comply with laws and regulations, clarify our terms and conditions, or provide improved products or services. We will endeavour to contact you using the contact details you have provided or via public announcement if we make a material amendment to this Agreement, which has the effect of reducing or adversely affecting your rights or interests. Your continued use of the Site, or Nothing’s products or services, following the posting of changes or notifying you will mean that you accept and agree to the changes.

Nothing Technology Limited is registered in England and Wales under company number 12984564 and has its registered office at 80 Cheapside, London EC2V 6EE. Our VAT number is GB368039181.

1. Overview

The contents of this Agreement include: other terms and conditions; use of the Site; Nothing account, security and passwords; intellectual property rights, loading content to the Site, rights you are giving us to use material you upload, privacy, service termination, links to other sites, disclaimers, indemnity and limitation of liability; governing law and disputes; miscellaneous; and feedback.

2. Other Terms and Conditions

• Additional terms and conditions may apply to purchases of goods or services and to certain portions or features of the Site, such as promotions and contests, and such terms are made part of this Agreement by this reference. In the event of any conflict between this Agreement and such additional terms and conditions, the latter terms shall prevail and control in relation to your use of the relevant portion or feature of the Site or the relevant goods or services.  When registering for a Nothing account, and using our products or services, you shall also comply with additional terms which are incorporated herein by reference including the CMF Privacy Policy,and Community Terms and Rules.
• We may update without notice and make changes to the Site from time to time to reflect changes to our products, services, the applicable prices for any such products or services, our users' needs, and our business priorities.
• Our products and services are principally aimed at those aged 18 years or above. Any minors should involve and be supervised by their parents or legal guardian and obtain their consent in accordance with applicable laws.

3. Use of the Site

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not use any robot, spider, page scraping or other automatic device, algorithm, methodology or similar manual process, to copy, monitor, acquire or access any portion of the Site or Content (as defined below), to attempt to obtain any information or materials by any means that are not purposely made available through the Site.

• You must not attempt to gain unauthorised access to any portion or feature of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site or to any of the services offered on or through the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
• You may not use the Site or any Content for any purpose that is prohibited by this Agreement or that is unlawful or indecent or offensive, or to solicit the performance of any activity which infringes the rights of Nothing or others or any illegal activity.
• You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

4. Nothing Account, Security and Passwords

• You may be required to open a Nothing account to use certain features or services offered on or through the Site or otherwise. In which case your account details will be used for identity verification and providing user services. When you register and use your Nothing account you confirm that the information that you provide is accurate, complete, and lawful. You also confirm that such information belongs to you and that you will update it as necessary from time to time.
• It is your responsibility to maintain the confidentiality of the information in relation to your account, including your password. If you fail to keep such information secure and confidential you will be entirely responsible for any activity that occurs under your account due to such failure. You may reset your password using the tools provided on the Site. You agree to notify Nothing immediately of any unauthorised use of your account or password, or any other breach of security.
• You may not use your Nothing account for any commercial activities including advertising or selling goods or services.
• When you use your Nothing account to receive products or services from Nothing or its third-party partners, you agree that Nothing or such partners may contact you in accordance with applicable law and may do so by using the contact details that you have provided.

5. Intellectual Property Rights

• Nothing is the owner or licensee of all intellectual property rights in the Site, and in the material published on it including without limitation all graphics, visual and user interfaces, design drawings, text, photographs, artwork, logos, sound, music, trademarks, and computer code (collectively, “Content”). Those works and the Content are protected by copyright, patent, trade dress, unfair trade and trademark laws and treaties around the world. All such rights are reserved.
• Save as expressly provided in this Agreement, you may not copy, reproduce, upload, republish, translate, compile, encode, transmit or distribute in any way to any other medium, website, server or computer for distribution or publication or for any commercial enterprise, any part of the Site or its Content, without Nothing’s prior written consent.

6. Loading Content to the Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.

• You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in ‘Rights you are giving us to use material you upload’.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
• We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.

7. Usage Rights in Materials You Upload

When you upload or post content to the Site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, perpetual, royalty-free, transferable licence to use, reproduce, translate, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the services;
• a worldwide, non-exclusive, perpetual, royalty-free, transferable licence for other users, partners, or advertisers to use the content in accordance with the functionality of the Site.

8. Privacy

We value your privacy. We will only use your personal information as set out in the CMF Privacy Policy. Nothing reserves the right to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request or in connection with any investigation or complaint regarding your use of the Site or the services.

9. Service Termination

• Nothing reserves the right to do the following, at any time, without notice: (1) terminate the use of your Nothing account and discontinue providing services to you if you fail to activate or log in to your Nothing account, or if you breach the terms of this Agreement or if your account becomes inactive; and (2) interrupt the operation of the Site to perform maintenance, error correction or other changes.
• The Site is made available free of charge. We do not guarantee that the Site, or any Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. It is your responsibility to take the measures necessary in relation to any virtual property linked to your Nothing account within ten (10) working days of such notice. You will be responsible for any loss or liability arising from a failure to take such measures in a timely manner.

10. Links to Other Sites

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as approval by us of those linked websites and Nothing is not responsible for the content of such sites or information you may obtain from them. We have no control over the contents of those sites or resources.

11. Disclaimers

• Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date. Nothing shall not be responsible for any actions that you may take based on information on the Site and you assume total responsibility for your use of the Site and any linked sites. Nothing does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that your use of the Site will provide specific results, or that any defects will be corrected. Nothing disclaims any liability arising from the acts, omissions and conduct of any third parties relating to your use of the Site and/or any Nothing services.
• To the extent permitted by law, the above disclaimer applies to any losses, damages, injuries, or liability caused by any omission, failure of performance, interruption, error, defect, delay in operation or transmission, deletion, computer virus, communication line failure, destruction, or theft of or alteration of or unauthorised access to, or use, whether for breach of contract, negligence, tort or any other cause of action.
• Save where prohibited by law, in no event will Nothing be liable to you for any consequential, indirect, incidental, exemplary, or punitive damages including loss of profits, loss of revenue, loss of business, business interruption or loss of business opportunity.

12. Indemnity; Limitation of Liability

• You agree to indemnify and hold Nothing, its directors, officers, shareholders, predecessors and successors in interest, agents, employees, affiliates, and subsidiaries, harmless from any loss, liability, demands, expenses, or claims, made by any third party against Nothing due to or arising out of or in connection with your use of the Site or your breach of this Agreement.
• If Nothing is found to be liable to you for any loss or damage which arises out of or in connection with this Agreement, Nothing’s liability shall in no event exceed the price you have paid to Nothing. Certain jurisdictions do not allow limitations of liability, so the limitations of liability in the preceding sentence may not apply to you.

13. Governing Law and Disputes

• This Agreement and any disputes arising under or in connection with it shall be governed by and construed in accordance with English law, without regard to its conflict of laws provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail.
• In the event of any dispute arising under or in connection with this Agreement, the parties shall attempt, promptly and in good faith, to resolve such dispute. If no settlement can be reached, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims under the Agreement must be brought within one year after the cause of action arising, or any such claim or cause of action shall be barred to the extent permitted by law.
• The European Commission's Online Dispute Resolution tool provides useful information including on rights to return and warranty claims for EU consumers who have purchased goods or services online. The tool may be accessed here: http://ec.europa.eu/consumers/odr.

14. Miscellaneous

• If any of the provisions of this Agreement are held by a court of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or disregarded to the minimum extent necessary and replaced with a valid provision that best reflects the intent of this Agreement, so that this Agreement shall remain in full force and effect.
• To the extent permitted by law, this Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. Information sent by electronic means (for example, email) shall be deemed as delivered at the time received by you.
• Information sent by courier shall be deemed delivered on the third (3rd) day after it is sent by courier service.
  • no waiver of any rights by Nothing will be taken as a waiver of any other rights it may have. For instance, if Nothing waives its right to object to a particular breach of these terms and conditions by you, it does not preclude Nothing from objecting to any other breaches by you.
  • notwithstanding anything to the contrary contained herein, the relationship between you and Nothing is on a principal-to-principal basis and nothing in this Agreement will be construed as creating a partnership, joint venture, association of persons, or employment/agency relationship between you and Nothing. You shall not have any right to obligate or bind Nothing, or vice versa, in any manner whatsoever. Nothing contained in this Agreement shall give any rights of any kind to any third parties, whatsoever.
• You agree to comply with all relevant laws and regulations at all times. You represent and warrant that you are not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union. You may not export or re-export or use any Content or any adaptation or copy of Content, or any product or service offered on the Site, in violation of applicable laws or regulations, including, without limitation, UK, European Union, and United States export laws and regulations.

15. Feedback

Any feedback provided by you shall be deemed to be non-confidential and Nothing shall be free to use such information on an unrestricted basis. You may contact us using the following email address: feedback@nothing.tech.

This Agreement was published on 27 September 2023.