Terms and Conditions

Welcome to Shelf Asset Management, Inc. ("Shelf," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, software, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must not access or use our Services. You may contact us at support@shelf.nu to discuss any concerns, but until a mutually agreed written modification is made to these Terms, they remain in full effect as written here. These Terms apply to all visitors, users and others who access or use our Service. Thank you for being responsible.

1. Acceptance of Terms

1.1. By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

1.2. We reserve the right to store the record of your acceptance of these Terms, including the date, time, and browser information, for use in case of any conflict or dispute. This stored record shall be considered conclusive evidence of your acceptance.

1.3. If you sign up using a corporate email address, you warrant that you have the authority to do so and to agree to these Terms on behalf of your organization. You agree to indemnify and hold Shelf Asset Management, Inc. harmless from any claims arising from unauthorized use of corporate email addresses or misrepresentation of company association.

1.4. Your use of our Services, whether through a free plan, trial, or paid plan, is subject to all provisions of these Terms, including but not limited to the provisions regarding logo usage and company representation detailed in Section 18.

2. Changes to Terms

2.1. We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any significant changes by posting the new Terms on this page and updating the "Last Updated" date.

2.2. For certain changes, we may require explicit acceptance of the new Terms prior to your continued use of our Services. In such cases, you will be prompted to review and accept the new Terms before you can continue using the Services.

2.3. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services immediately.

3. Access and Use of Services

3.1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

3.2. You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.3. You must not transmit any worms or viruses or any code of a destructive nature.

3.4. We reserve the right to add, modify, or remove limits to certain user types (including free users) at our sole discretion, without prior notice. These limits may include, but are not limited to, storage capacity, number of users, or feature availability. Any signed agreement between a user and Shelf Asset Management, Inc. that explicitly states otherwise will take precedence over this clause, but only for the specific terms outlined in that agreement.

4. Intellectual Property

4.1. The Services and their original content, features, and functionality are and will remain the exclusive property of Shelf Asset Management, Inc. and its licensors.

4.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shelf Asset Management, Inc.

5. User Content

5.1. You retain any and all of your rights to any content you submit, post or display on or through the Services and you are responsible for protecting those rights.

5.2. By posting content to the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content in any existing or future media or distribution methods. This license includes the right to provide, promote, and improve the Services and to make your content available to other companies, organizations or individuals for the distribution, promotion or publication of your content on other media and services.

6. Termination

6.1. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

6.2. In the event of termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6.3. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

6.4. In the event of termination for any reason, including but not limited to breach of these Terms, you will not be entitled to any refunds for any unused portion of the Services or for any other reason.

7. Limitation of Liability

7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHELF ASSET MANAGEMENT, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7.2. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

7.3. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHELF ASSET MANAGEMENT, INC. AND YOU.

8. Disclaimer

8.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

8.2. SHELF ASSET MANAGEMENT, INC., ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

8.3. Any statements, descriptions, or information provided on our website, in our documentation, or in our marketing materials are for informational purposes only and do not form part of these Terms. In the event of any discrepancy between such materials and these Terms, these Terms shall prevail.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Dispute Resolution

10.1. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules.

10.2. The arbitration shall take place in Dover, Delaware, and shall be conducted in the English language.

10.3. The arbitral tribunal shall consist of one arbitrator. The arbitration proceedings shall be confidential.

10.4. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10.5. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SHELF ASSET MANAGEMENT, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. Waiver of Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SHELF ASSET MANAGEMENT, INC. RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM THESE TERMS OR THE SERVICES. WHERE THIS WAIVER IS NOT PERMITTED BY LAW, YOU AGREE THAT ANY CLASS ACTION MUST BE BROUGHT IN A FORUM SEPARATE FROM ANY OTHER INDIVIDUAL CLAIM.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13. Entire Agreement

13.1. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

13.2. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

14. Refunds and Trials

14.1. We offer trial periods for certain Services. By using a trial, you acknowledge that you have had sufficient opportunity to evaluate the Services and determine their suitability for your needs.

14.2. After the trial period, if you choose to continue using the Services and make a payment, you acknowledge that you are satisfied with the Services and have made an informed decision to purchase.

14.3. We do not offer refunds for any payments made after a trial period. By making a payment, you agree that you have thoroughly tested and evaluated the Services during the trial period and found them satisfactory for your needs.

14.4. All sales are final. We do not provide refunds or credits for any partial-month subscription periods, unused Services, or for any other reason.

14.5. Shelf Asset Management, Inc. reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. To the extent that we do so, we are not obligated to offer the same consideration to all users in similar circumstances.

15. Indemnification

You agree to defend, indemnify and hold harmless Shelf Asset Management, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services. This defense and indemnification obligation will survive these Terms and your use of the Services.

16. Changes to Services

16.1. We reserve the right to withdraw, modify or amend our Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

16.2. We reserve the right to change our pricing for the Services at any time. Any price changes will be communicated to you and will apply to billing cycles starting after the notice period.

17. User Representations

By using the Services, you represent and warrant that:

17.1. You have the legal capacity and you agree to comply with these Terms;

17.2. You are not a minor in the jurisdiction in which you reside;

17.3. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

17.4. You will not use the Services for any illegal or unauthorized purpose;

17.5. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

18. Logo Usage and Company Representation

18.1. By using our Services (free, trial, or paid) with a business email domain, you grant Shelf Asset Management, Inc. the irrevocable right to display your company's name and logo on our website and in our marketing materials as a user reference.

18.2. This permission is automatically granted and does not require explicit consent. You may request removal of your company's name and logo by contacting support@shelf.nu, but we reserve the right to process such requests at our discretion and within a reasonable timeframe.

18.3. You warrant that by signing up and authenticating your email, you have the authority to use the Services on behalf of your company and to grant this name and logo usage permission.

18.4. Shelf Asset Management, Inc. shall not be held liable for any unauthorized use of corporate email addresses or for any claims arising from such use, including but not limited to claims of misrepresentation or unauthorized company association.

18.5. In the event of any dispute regarding the authority of a user to represent a company or grant name and logo usage rights, the company's sole recourse is to contact support@shelf.nu to request removal. Shelf Asset Management, Inc. shall not be liable for any damages or claims arising from such disputes.

19. Electronic Communications

19.1. By using our Services, you consent to receiving electronic communications from us. These communications may include notices about your account, changes to our Services, and other information concerning or related to the Services.

19.2. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. Contact Information

If you have any questions about these Terms, please contact us at support@shelf.nu.

By using our Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you must not use our Services.