NANOS AI AG, a German company with registered seat in Berlin, Germany ("We", "Us", "Our", or "Nanos") owns and operates the website at www.nanos.ai and related sites/applications (the "Platform"). By using the Platform, you agree to these Terms and Conditions.
Service
Nanos provides customers with advertising management and optimization services across Google, Facebook, and Instagram. The Service operates on an "as is" basis with reasonable technical support. Customers are responsible for unauthorized or unlawful acts by their personnel.
Privacy Policy
Users agree to the Privacy Policy located at nanos.ai/privacy-policy/.
Payment of Fees
Customers pay specified amounts in advance via credit card or other provided options, in USD or as displayed on the Platform. Fees exclude taxes, VAT, and customs charges. Customers cannot withhold payments, and Nanos may suspend Services if fees remain overdue after five days' written notice.
Customer Data License
Customers retain ownership of their data ("Customer Data"). Nanos receives the right to use Customer Data during the contract term to provide Services, create statistics, reports, and research for internal or marketing use. This right is worldwide, non-exclusive, and sub-licensable with no compensation owed.
License Granted to Customer for Using the Platform
The Platform, Service, analytics, and materials are Nanos property protected by copyright and intellectual property law. Nanos grants a non-transferable, non-exclusive license to use the Platform and Service subject to these Terms. Users cannot use Nanos trademarks, logos, or domain names without written consent.
Social Media
When customers connect advertiser accounts (Google, Facebook, Instagram) to their Nanos account, they grant Nanos a non-exclusive, sub-licensable, worldwide, royalty-free license during the contract term to use the account and data solely for providing Services. Login credentials are required; refusal may restrict Services. If Nanos opens an account on behalf of the customer, Nanos maintains credentials and provides copies.
Representations and Warranties
Customers warrant that advertising content: (i) does not violate or infringe third-party rights including copyright and trademark; (ii) contains no obscene, defamatory, illegal, or unethical material; and (iii) is free of malware. Customers represent they use the Service in compliance with these Terms, applicable laws, advertising standards, and third-party network requirements, and possess necessary rights to grant Nanos rights to Customer Data.
Nanos provides reasonable efforts for availability but is not liable for planned downtime or causes beyond its control. The Service is distributed "as is" without warranties of merchantability, non-infringement, title, or fitness for purpose.
Limitation of Liability
Nanos and its officers, employees, agents, and representatives have no liability for punitive, exemplary, special, consequential, incidental, or indirect damages, including lost profits, data, revenues, or business opportunities.
Indemnification
Customers defend, indemnify, and hold harmless Nanos from third-party claims that:
- Customer Data or content violates third-party rights, including intellectual property or privacy rights
- Content is obscene, defamatory, illegal, unethical, or promotes illegal behavior
- Customer failed to obtain necessary permits or licenses
- Customer violated representations, warranties, or obligations
- Claims arise from malware or malicious code
- Claims stem from interference with the Platform or networks
Nanos must notify customers immediately of claims. Customers may assume sole defense control at their expense, provided no settlement involving financial burden or admission of Nanos liability occurs without Nanos' written consent.
Termination
Nanos may immediately terminate access without prior notice for: (a) breaches of Terms or agreements; (b) law enforcement requests; (c) Platform discontinuation or material modification; (d) technical, security, or legal issues; (e) participation in fraudulent or illegal activities; or (f) customer insolvency.
Termination may result in Customer Data removal. Nanos makes termination decisions solely and is not liable to customers or third parties for access termination or data removal.
Miscellaneous
If any provision is unenforceable, it will be modified to reflect original intent without affecting other provisions. Customers cannot assign or sublicense without Nanos' written consent; Nanos may transfer rights without consent.
These Terms constitute the complete agreement and supersede all prior communications. Nanos' failure to enforce provisions does not constitute waiver.
These Terms are governed by German law, with exclusive jurisdiction in Berlin courts.