INTRODUCTION
These Terms of Service ("Terms") are a legal agreement between you and NULLPOINT ENGINEERING ("NULLPOINT," "we," "us," or "our") regarding your access to and use of the website located at nullpoint.engineering and any subdomains, mobile-optimized versions, and related online properties we operate (collectively, the "Site"), including any content, features, documentation, or communications we make available through the Site (together with the Site, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" refers to that entity.
DEFINITIONS
"User Content" means information, text, files, or other materials you submit, upload, or transmit through the Services (for example, contact form messages, attachments, or emails you send us).
"Professional Services" means paid consulting, engineering, design, implementation, support, or other services we provide under a separate written agreement (such as a statement of work, master services agreement, or order form).
ELIGIBILITY
The Services are not directed to children under 16. By using the Services, you represent that you are at least 16 years old (or the age of digital consent in your jurisdiction, if higher) and legally permitted to enter into these Terms. If you are under 18, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf where required by law.
SERVICES_AND_PROFESSIONAL_ENGAGEMENTS
The Site describes NULLPOINT's engineering, software development, and related consulting capabilities. The Services are provided for informational and business development purposes unless we expressly agree otherwise in writing.
Separate agreements for paid work. Professional Services, deliverables, licenses, fees, confidentiality, intellectual property ownership, warranties, and liability for client engagements are governed solely by the applicable signed or accepted agreement between you and NULLPOINT. If there is a conflict between these Terms and such an agreement, the agreement governs solely with respect to that engagement.
No obligation to respond. Submitting an inquiry or form does not create a client relationship or guarantee that we will respond, accept a project, or provide a quote.
ACCOUNTS_AND_COMMUNICATIONS
If we offer accounts, portals, or authenticated areas in the future, you agree to provide accurate information, safeguard credentials, and notify us promptly of unauthorized use. We may suspend or terminate access that we reasonably believe violates these Terms or poses a security risk.
You consent to receive communications from us electronically (for example, email responses to inquiries or operational notices about the Services). You may opt out of marketing emails where applicable by using the unsubscribe mechanism we provide or by contacting us at info@nullpoint.engineering.
USER_CONTENT_AND_FEEDBACK
You retain ownership of your User Content. By submitting User Content, you grant NULLPOINT a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute that content solely to operate the Services, respond to you, evaluate potential engagements, and improve our offerings, subject to our Privacy Policy.
If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant NULLPOINT an irrevocable, perpetual, worldwide, royalty-free license to use and incorporate Feedback without restriction or compensation to you.
You represent that you have all rights necessary to submit User Content and that it does not violate third-party rights or applicable law.
ACCEPTABLE_USE
You agree not to:
- Use the Services in violation of any law, regulation, or third-party rights
- Access or attempt to access non-public areas, systems, or data without authorization
- Introduce malware, interfere with or disrupt the Services or their infrastructure
- Use automated means (including bots or scrapers) to access the Services in a manner that imposes an unreasonable load, circumvents technical limits, or violates our robots.txt or written permission
- Reverse engineer, decompile, or disassemble any part of the Services except where mandatory law permits
- Impersonate any person or entity or misrepresent your affiliation
- Harvest or collect personal information of others without consent
- Use the Services to send unsolicited bulk communications or spam
We may investigate violations and cooperate with law enforcement. We may remove or refuse User Content that we believe violates these Terms or creates liability.
THIRD_PARTY_LINKS_AND_SERVICES
The Services may contain links to third-party websites or services. NULLPOINT does not control and is not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
INTELLECTUAL_PROPERTY
The Services and their content (including text, graphics, logos, icons, images, audio, video, software, layout, and design) are owned by NULLPOINT or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, publicly display, or create derivative works from the Services without prior written consent.
NULLPOINT's name, logos, and product names are trademarks of NULLPOINT ENGINEERING or its affiliates. You may not use them without our prior written permission except for fair use or nominative reference that does not imply endorsement.
DISCLAIMERS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NULLPOINT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT IS ACCURATE OR COMPLETE. INFORMATION ON THE SITE IS FOR GENERAL INFORMATION ONLY AND IS NOT PROFESSIONAL ADVICE; ENGAGE US UNDER A SEPARATE AGREEMENT FOR TAILORED ADVICE OR DELIVERABLES.
Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.
LIMITATION_OF_LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NULLPOINT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF NULLPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NULLPOINT'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNTS YOU PAID NULLPOINT FOR PROFESSIONAL SERVICES DIRECTLY GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
Limits in this section do not apply where prohibited by law (for example, liability for death or personal injury caused by negligence where such limitation is unlawful).
INDEMNITY
You will defend, indemnify, and hold harmless NULLPOINT and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Services, your violation of these Terms, or your violation of third-party rights, except to the extent caused by NULLPOINT's willful misconduct.
SUSPENSION_AND_TERMINATION
We may suspend or terminate your access to all or part of the Services at any time, with or without notice, for conduct that we believe violates these Terms, creates risk, or is otherwise harmful. You may stop using the Services at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.
EXPORT_AND_SANCTIONS
You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to comprehensive embargoes or sanctions where use of the Services would be prohibited, and that you are not on any restricted party list. You agree to comply with all applicable export and sanctions laws.
GOVERNING_LAW_AND_VENUE
These Terms are governed by the laws of the jurisdiction in which NULLPOINT ENGINEERING is established, without regard to conflict-of-law principles that would require application of another jurisdiction's laws. Subject to mandatory consumer protections and rights to bring claims in your local courts where applicable, the courts located in that jurisdiction have exclusive venue for disputes arising from these Terms or the Services, and you consent to personal jurisdiction there.
DISPUTE_RESOLUTION
Before filing a claim, you agree to contact us at info@nullpoint.engineering to attempt to resolve the dispute informally. If we cannot resolve the dispute within sixty (60) days, either party may pursue remedies in accordance with the Governing Law and Venue section above, unless a different mandatory process applies in your jurisdiction.
GENERAL
Changes.We may modify these Terms at any time. We will post the updated Terms on the Site and update the "Last updated" date. Material changes may be communicated through the Site or email where appropriate. Your continued use after the effective date of changes constitutes acceptance. If you do not agree, stop using the Services.
Entire agreement. These Terms, together with our Privacy Policy and any separate agreement for Professional Services, constitute the entire agreement between you and NULLPOINT regarding the Services (except for Professional Services governed by a separate contract).
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
No waiver. Failure to enforce any right or provision is not a waiver of future enforcement.
Assignment. You may not assign or transfer these Terms without our consent. NULLPOINT may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
CONTACT
For questions about these Terms, contact NULLPOINT ENGINEERING at info@nullpoint.engineering.