Nuvos Terms of Service

Effective Date: February 15, 2024

  1. Introduction
  2. Acceptance of Terms
  3. Description of Service
  4. User Registration and Account Security
  5. Use of Service
  6. Fees and Payment
  7. Intellectual Property Rights
  8. Privacy Policy
  9. Copyright Policy
  10. Termination
  11. Disclaimers and Limitations of Liability
  12. Indemnification
  13. Governing Law and Jurisdiction
  14. International Users
  15. Dispute Resolution
  16. Changes to Terms
  17. Contact Information

Introduction

Welcome to Nuvos, an advanced Commercial Real Estate (CRE) platform developed by Sabi, Inc. (doing business as Nuvos). Designed for the modern real estate professional, our cloud-based service streamlines the valuation and management of real estate deals through a sophisticated, user-friendly interface. Accessible at https://nuvoscre.com, Nuvos integrates cutting-edge valuation and forecasting tools with dynamic deal management software, empowering investors to underwrite and manage deals with superior efficiency, accuracy, and intelligence.

As we continue to evolve, the integration of more advanced AI capabilities is a key part of our roadmap. These future enhancements aim to provide even more advanced insights and automation capabilities, further revolutionizing the CRE investment landscape.

Acceptance of Terms

By accessing or using Nuvos, you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), along with any subsequent modifications. This agreement forms a legally binding agreement between you and Sabi, Inc. (doing business as Nuvos) regarding your use of the platform.

To use Nuvos, you must:

If you do not meet these requirements or do not agree with the Terms outlined, you must not access or use Nuvos.

Your continued use of Nuvos following any changes to these Terms signifies your acceptance of those changes. It is your responsibility to review the Terms regularly to stay informed of any updates.

Description of Service

Nuvos provides a subscription-based SaaS platform designed for the commercial real estate (CRE) sector, featuring:

While our solutions currently utilize technology to augment the user experience, future integrations aim to leverage AI for even more refined insights and automation capabilities.

User Registration and Account Security

To access Nuvos, organizations must purchase subscriptions, granting specific authorized users the right to create accounts. You must:

Each account is personal and may not be shared or transferred to any other person or entity. Users are responsible for all activities that occur under their account. Nuvos reserves the right to suspend or terminate accounts involved in unauthorized activities or that contain inaccurate or outdated information.

To report security breaches or unauthorized account activities, please contact us using the contact details provided at the end of this document. Protecting your account is a partnership, and your vigilance helps keep Nuvos safe for everyone.

Use of Service

As a user of Nuvos, you are obligated to comply with all applicable laws, regulations, and the terms outlined in this Service Agreement. It is imperative to maintain the integrity and security of your account. The following actions are strictly prohibited and may result in immediate termination of your account and legal action. Prohibited activities include, but are not limited to:

Your adherence to these guidelines is crucial for maintaining a secure, respectful, and legally compliant environment on Nuvos. Violations of these policies will be addressed with the utmost seriousness and may lead to account termination and further legal action.

Fees and Payment

Nuvos operates on a subscription model. Detailed information regarding subscription tiers, fees, and payment terms is not directly available on our website but can be obtained by contacting a sales representative. This process ensures that we can provide tailored information that best fits the needs of your organization. We reserve the right to change fees upon reasonable notice. All fees are non-refundable except as required by law or as explicitly set forth herein.

Subscriptions are billed in advance and will automatically renew at the end of each billing cycle. To avoid automatic renewal and associated charges, subscribers must cancel their subscription by reaching out to our sales team at least 30 days before the end of the current billing period. For specific pricing inquiries, subscription cancellation, or to discuss the subscription model that best suits your needs, please contact our sales team through the contact information provided on our website or use the contact details provided at the end of this agreement.

Intellectual Property Rights

The technology, software, and all intellectual property rights of the Nuvos platform are owned by Sabi, Inc. (doing business as Nuvos). This includes our proprietary valuation tools, deal management software, and any AI technology innovations, along with all content, features, functionality, and the underlying code associated with the service.

License Grant

As a user of Nuvos, you are granted a limited, non-exclusive, non-transferable right to access and use the platform for your professional use, strictly in accordance with these Terms of Service. This license does not transfer any ownership rights in the service or its intellectual property to you.

Restrictions on Use

You agree not to:

Unauthorized use, reproduction, modification, or reverse-engineering of the Nuvos platform is strictly prohibited and may lead to legal action and termination of your access to the service.

By agreeing to these Terms, you acknowledge and consent to these conditions as integral to your use of Nuvos, underlining the commitment to safeguard Sabi, Inc.'s intellectual property and technology.

Privacy Policy

Your privacy is paramount to us. Any personal information you provide to us in connection with your use of Nuvos will be treated in accordance with our Privacy Policy, which outlines how we collect, use, share, and protect your information. By using Nuvos, you consent to our data practices and affirm that all data provided by you is accurate.

Nuvos respects the intellectual property rights of others and expects its users to do the same. In line with our commitment to protecting copyright and other intellectual property rights, it is our policy to respond to clear notices of alleged copyright infringement. In accordance with the DMCA and other applicable laws, Nuvos has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Please be aware that under the DMCA, you may be liable for damages if you knowingly misrepresent that material is infringing.

DMCA Notice and Takedown Procedure

If you believe that your copyrighted work has been copied and made accessible on Nuvos in a way that constitutes copyright infringement, please provide written notice to our Designated DMCA Agent with the following information:

Counter-Notice:

If you believe your content was wrongly removed due to a copyright claim, you may send us a written counter-notice containing:

Contact Information for DMCA Notices:

Designated DMCA Agent:
Grant Uberstine, CEO
1500 Rosecrans Ave, Suite 500
Manhattan Beach, CA 90266
grant@nuvoscre.com

Termination

Nuvos reserves the right to terminate or suspend your account and access to the services for any reason, including, without limitation, any breach of these Terms of Service. If you wish to terminate your account, you must notify us of your decision to discontinue your use of Nuvos. Upon termination, your right to use the service will immediately cease, and any data stored in your account may no longer be accessible. To notify us of your decision to terminate, please contact us using the contact details provided at the end of this agreement.

Disclaimers and Limitations of Liability

Nuvos, provided by Sabi, Inc., is offered on an "as is" and "as available" basis. While Nuvos is designed to support commercial real estate decision-making, it is not infallible and should not replace professional judgment or independent validation. We make no warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Commercial real estate markets are inherently volatile and influenced by factors beyond Nuvos' control. Consequently, our valuations, forecasts, and any software-generated insights may be affected by unforeseen events, regulatory changes, or market shifts. While our models utilize sophisticated algorithms, all real estate valuations involve a degree of uncertainty. Users should view the insights and analyses provided by Nuvos as components of a broader decision-making process, which should also include thorough market analysis and professional consultation.

By using Nuvos, you acknowledge and accept these terms, understanding that reliance on the software is at your own risk. You are responsible for assessing the accuracy, relevance, and completeness of the information provided through Nuvos.

While Sabi, Inc. employs robust security measures to protect your personal information, the nature of the internet means absolute security cannot be guaranteed. In the event of unauthorized access to our systems that leads to data breaches, please understand that Sabi, Inc. cannot be held liable for any resultant loss or damage. We commit to acting swiftly in accordance with applicable laws to mitigate and inform affected individuals. Your use of our services acknowledges this risk and agrees to the limitation of our liability in such circumstances.

In no event will Sabi, Inc. be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of Nuvos. This limitation of liability applies to but is not limited to any errors or omissions in the software's content, data, or functionality, or any loss or damage of any kind incurred as a result of using the platform, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Sabi, Inc. (doing business as Nuvos), its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

Governing Law and Jurisdiction

These Terms of Service and your use of Nuvos will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any dispute arising under or relating to these Terms or the use of Nuvos will be exclusively resolved in the federal and state courts located in Delaware.

International Users

Nuvos, operated by Sabi, Inc. (doing business as Nuvos), is based in the United States. Our platform and services are controlled, operated, and administered from our offices within the USA. Access to Nuvos from countries or territories where the content or use of the services is illegal is prohibited. Users accessing our platform from locations outside the USA do so on their own initiative and are responsible for compliance with local laws.

You agree not to use the Nuvos platform in any manner that could violate applicable local, national, or international laws, regulations, or restrictions.

Dispute Resolution

Nuvos is committed to resolving disputes in a fair and efficient manner. Before initiating any formal legal proceedings, we encourage parties to attempt to resolve their disputes informally. If a dispute arises related to your use of Nuvos, the services provided by Sabi, Inc., or these Terms, you agree to first contact us directly to seek a resolution by reaching out using the contact details provided at the end of this agreement.

If the dispute cannot be resolved through direct discussion within 30 days of notification, either party may propose to settle the dispute through binding and confidential mediation. If both parties agree, a neutral third-party mediator will be selected mutually to facilitate the resolution. The costs of mediation will be shared equally between the parties, unless otherwise agreed upon during mediation.

Should mediation fail to resolve the dispute, either party may then proceed to binding and confidential arbitration under the administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties The arbitration will be conducted in Delaware, and the decision of the arbitrator shall be final and binding on both parties. Each party will bear its own costs and attorney's fees related to the arbitration proceedings, and the arbitrator's fees will be shared equally.

By agreeing to these Terms, you are waiving your right to a trial by jury or to participate in a class action lawsuit. This dispute resolution agreement will survive the termination of your use of Nuvos and your relationship with Sabi, Inc.

Changes to Terms

Nuvos reserves the right to update or change these Terms of Service at any time to reflect changes in our practices or legal requirements. Minor updates will be reflected with a new "Effective Date" at the top of this document. If we make material changes, we will take steps to notify you, which may include posting a notice on our website or sending an email notification. What constitutes a material change will be determined in our sole discretion. Your continued use of Nuvos following the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to periodically review the Terms of Service to stay informed.

Contact Information

For inquiries or notices regarding these Terms, please contact:

Sabi, Inc. (doing business as Nuvos)
1500 Rosecrans Ave, Suite 500
Manhattan Beach, CA 90266
grant@nuvoscre.com