Terms of Service

01Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and Nexus Pen LLC, an Illinois limited liability company ("Nexus Pen," "we," "our," "us"). These Terms govern your access to and use of:

• The Nexus Pen hardware device and accessories
• The Donna AI assistant software and API
• The Nexus Pen mobile application (iOS, Android coming soon)
• The website at nexuspen.org and all subdomains

(collectively, the "Services")

By clicking "I agree," creating an account, purchasing a device, or otherwise accessing the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Users under 13 may only use Nexus Pen with verifiable parental consent obtained through our parental consent process, as described in the Children's Privacy section of our Privacy Policy. Users between 13 and 17 must have a parent or guardian's permission to create an account and agree to these Terms.

02Account Responsibilities

When you create a Nexus Pen account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and not share login credentials
• Notify us immediately at NexuspenLLC@gmail.com if you suspect unauthorized access to your account
• Accept responsibility for all activity that occurs under your account
• Not create accounts for others without their knowledge and consent
• Not create multiple accounts to circumvent rate limits, subscription restrictions, or any other usage limitations

We reserve the right to suspend or terminate accounts that violate these obligations, are created fraudulently, or are used in violation of these Terms.

Organization Accounts

School and Enterprise account administrators are responsible for managing user access within their organization, ensuring users comply with these Terms, and notifying us of any unauthorized use.

03Subscriptions & Billing

Subscription Plans

Donna AI is available on the following plans:

• Free, 15 answers per day, access to Answer and School modes
• Plus, 100 answers per day, all 5 AI modes ($6.99/month or $4.08/month billed annually)
• Family, 200 answers per day (fair use), all modes, custom modes, family sharing ($11.99/month or $7.42/month billed annually)
• School / Enterprise, organizational pricing, contact us for details

Billing

• Subscriptions are billed in advance on a recurring monthly or annual basis
• Payment is processed by Stripe. By subscribing, you authorize us to charge your payment method on each renewal date
• Prices are in USD and do not include applicable taxes, which will be added at checkout
• We will notify you at least 14 days before any price increase takes effect

Cancellation & Refunds

• You may cancel your subscription at any time from the app or by contacting support
• Cancellation takes effect at the end of the current billing period; you retain access until then
• We offer a 7-day money-back guarantee for new subscribers who are not satisfied. Contact NexuspenLLC@gmail.com within 7 days of your first charge.
• Annual subscriptions cancelled after 7 days are non-refundable for the remainder of the year
• Hardware purchases are subject to our separate Return Policy

Free Trial

When a free trial is offered, it converts automatically to a paid subscription at the end of the trial period unless you cancel before that date.

04Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms. You may not:

• Use the Services to generate, transmit, or store content that is illegal, defamatory, harassing, threatening, obscene, or otherwise objectionable
• Attempt to circumvent, disable, or interfere with any security features, rate limits, subscription tiers, or usage restrictions
• Use automated scripts, bots, or other tools to generate excessive queries or abuse the AI pipeline
• Reverse engineer, decompile, or disassemble the Nexus Pen firmware, mobile application, or backend API
• Access the API or Services in any way not expressly authorized by these Terms
• Resell, sublicense, or commercially redistribute access to Donna AI without written authorization from Nexus Pen
• Use the Services to train competing AI models or products
• Impersonate any person, company, or entity
• Violate any applicable local, state, national, or international law or regulation

Violation of acceptable use policies may result in immediate suspension or termination of your account without refund.

05Intellectual Property

Nexus Pen's IP

All intellectual property in the Services, including but not limited to the Nexus Pen hardware design, Donna AI software, firmware, mobile application, website, brand assets, trademarks, and trade names, is owned by Nexus Pen LLC or our licensors. Nothing in these Terms transfers any ownership to you.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.

Your Data

You retain full ownership of all content and data you create through your use of the Services, including your conversation history, notes, and any outputs you generate. You grant Nexus Pen a limited license to process and store your data solely for the purpose of providing and improving the Services.

We do not claim ownership over your queries, responses, or conversation history.

06User Content

You are solely responsible for any content you submit, transmit, or store through the Services. You represent and warrant that:

• You have all necessary rights to the content you submit
• Your content does not infringe any third-party intellectual property, privacy, or other rights
• Your content complies with all applicable laws

Nexus Pen has no obligation to monitor user content but reserves the right to remove content that violates these Terms or applicable law.

07Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to our data practices as described in the Privacy Policy.

08Warranty Disclaimer

Donna AI uses large language models and may produce inaccurate, incomplete, or outdated information. AI responses should not be relied upon as professional medical, legal, financial, or other expert advice. Always verify important information from authoritative sources.

We do not warrant that the Services will meet your specific requirements or that any errors will be corrected.

09Limitation of Liability

In no event will Nexus Pen's total cumulative liability to you for all claims arising out of or relating to these Terms or the Services exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10Indemnification

You agree to indemnify, defend, and hold harmless Nexus Pen LLC and its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Services

11Termination

Either party may terminate your access to the Services at any time:

• By you: cancel your subscription and delete your account through the app or by contacting support
• By us: we may suspend or terminate your account immediately for violation of these Terms, abusive behavior, non-payment, fraud, or for any other reason with or without notice

Upon termination, your right to use the Services ceases immediately. Sections 5, 8, 9, 10, and 12 of these Terms survive termination.

We will retain data for the periods specified in our Privacy Policy and then delete it, except where retention is required by law.

12Governing Law & Disputes

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through good-faith negotiation first. If negotiation fails, disputes shall be submitted to binding arbitration under the American Arbitration Association's Consumer Arbitration Rules, conducted in Illinois. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property or confidentiality.

If you are located in the European Union, you may have additional rights under GDPR and applicable consumer protection laws.

13Changes to Terms

We may modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Send an email notification to registered users at least 14 days before the change takes effect
• Display an in-app notice for the transition period

Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you disagree with the changes, you must stop using the Services and cancel your subscription before the effective date.

14Contact Us

For legal inquiries, Terms-related questions, or to report violations: