NUBATICA, LLC – TERMS OF USE

Effective Date: September 2025

Welcome to Nubatica, LLC (“Nubatica,” “we,” “us,” or “our”). By accessing our website or using our virtual receptionist and assistant services (“Services”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you may not use our Services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use Nubatica’s Services. By using our Services, you represent and warrant that you meet these criteria.

2. Account Registration

When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.

3. Service Access

We may modify, suspend, or discontinue Services at any time. Nubatica reserves the right to deny or restrict access if we believe your usage violates these Terms or threatens the security, integrity, or availability of our Services.

4. HIPAA Compliance

If you are a covered entity under HIPAA, it is your responsibility to ensure compliance and execute a Business Associate Agreement (BAA) with Nubatica before transmitting any Protected Health Information (PHI).

5. User Content

You may submit content (“User Content”) through our Services. By doing so, you confirm that:

  • You own the rights or have permission to post it.

  • It does not violate any laws or third-party rights.

Prohibited User Content includes, but is not limited to:

  • Misrepresenting identity or affiliation.

  • Soliciting others’ personal information.

  • Spam, chain letters, or bulk messages.

  • Contests, sweepstakes, or promotions.

  • Harmful, defamatory, obscene, or unlawful material.

  • Infringement of intellectual property rights.

Nubatica may remove or reject User Content at its discretion. By submitting User Content, you grant Nubatica a worldwide, royalty-free license to use, display, distribute, and create derivative works for purposes related to our Services and marketing.

6. Proprietary Rights

All text, logos, images, software, and trademarks provided through our Services (“Contents”) are owned or licensed by Nubatica. You may not reproduce, distribute, or create derivative works without prior written consent.

7. Trademarks

“Nubatica,” the Nubatica logo, slogans, and related marks are the exclusive property of Nubatica, LLC. Third-party trademarks remain the property of their respective owners.

8. Feedback & Unsolicited Submissions

Any feedback or suggestions you provide become the property of Nubatica, with no obligation to compensate or acknowledge. Unsolicited submissions are also considered the property of Nubatica.

9. Copyright Infringement (DMCA Notice)

To report copyright infringement, please email nubatica@gmail.com with:

  • Identification of the copyrighted work.

  • Location of infringing material.

  • A statement of good-faith belief that the use is unauthorized.

  • Your contact information (520-839-1357).

  • A statement, under penalty of perjury, that the information is accurate.

10. Security Obligations

You may not attempt to bypass Nubatica’s security measures, access unauthorized data, introduce malware, or interfere with Services. Violations may result in suspension, termination, and legal action.

11. Third-Party Links

Links to third-party websites are provided for convenience. Nubatica is not responsible for their content, accuracy, or privacy practices.

12. Electronic Communications

By using our Services, you consent to receive electronic communications, including agreements, notices, and disclosures. Electronic records and signatures carry the same legal effect as paper documents.

13. SMS Terms & Conditions

13.1 SMS Consent Communication

By providing your mobile number and opting in, you agree to receive SMS communications from Nubatica. Your phone number will never be sold or shared with third parties for marketing purposes.

13.2 Types of SMS Communications

If you consent, you may receive messages related to:

  • Appointment reminders

  • Follow-up messages

  • Billing or account inquiries

  • Service updates and alerts

  • Special promotions or offers (if applicable)

Example:
“Hello, this is a reminder of your upcoming appointment scheduled with Nubatica. Reply STOP to unsubscribe at any time.”

13.3 Message Frequency

Message frequency will vary depending on your account activity or preferences. You may receive up to 2 SMS messages per week related to appointments, billing, or service updates.

13.4 Messaging Rates

Standard message and data rates may apply, depending on your mobile carrier. Nubatica is not responsible for any additional charges imposed by your provider.

13.5 Opt-In Methods

You may opt in to SMS communications by:

  • Providing consent verbally during a call

  • Submitting an online form

  • Selecting the SMS consent checkbox on Nubatica forms

13.6 Opt-Out Methods

You can opt out at any time by replying STOP to any Nubatica SMS. Alternatively, contact us directly at nubatica@gmail.com or 520-839-1357 to be removed from our messaging list.

13.7 Help & Support

If you are experiencing issues, reply with the keyword HELP, or contact us directly at nubatica@gmail.com or by phone at 520-839-1357. Additional resources can be found in our [Privacy Policy] and [Terms of Use].

13.8 Standard Disclosures

  • Message and data rates may apply.

  • Message frequency may vary.

  • You may opt out at any time by texting STOP.

  • For help, text HELP or contact Nubatica support.

14. Disclaimer of Warranties

Our Services are provided “AS IS” and “AS AVAILABLE.” Nubatica disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

15. Limitation of Liability

Nubatica is not liable for indirect, incidental, or consequential damages. Our maximum liability is the lesser of $500 USD or the prorated value of Services provided during the period in which the issue occurred.

16. Indemnification

You agree to indemnify and hold harmless Nubatica, its affiliates, and employees from any claims, damages, or expenses resulting from your use of the Services, violation of these Terms, or User Content.

17. Arbitration & Class Action Waiver

Disputes will be resolved by binding arbitration under the American Arbitration Association (AAA). You waive the right to jury trial or class actions.

Opt-Out: To opt out, send a signed notice within 30 days of agreeing to these Terms to:

  • Email: nubatica@gmail.com

  • Phone: 520-839-1357

  • Address: 1718 E Speedway Blvd #4210, Tucson, AZ, 85719

18. Termination

These Terms remain in effect while using the Services. Termination occurs when you discontinue use or if Nubatica revokes access for violations. Provisions such as Proprietary Rights, User Content, and Arbitration survive termination.

19. Miscellaneous

  • Geographic Restrictions: Services are intended for U.S. users only.

  • Relationship: No partnership, joint venture, or employment relationship is created.

  • Assignment: You may not assign these Terms without consent; Nubatica may assign freely.

  • Entire Agreement: These Terms and related policies constitute the full agreement.

  • Severability: Invalid provisions do not affect the rest of the Terms.

  • Notices: Nubatica may deliver notices via email or website updates; you must send notices to nubatica@gmail.com.

20. Revisions

Nubatica may update these Terms at any time. Continued use of Services constitutes acceptance of the latest Terms.

Contact Information

  • Email: nubatica@gmail.com

  • Phone: 520-839-1357

  • Address: 1718 E Speedway Blvd #4210, Tucson, AZ, 85719