Terms of Service
Effective date: June 4, 2026
These Terms of Service (the “Terms”) are a binding agreement between Mule Digital LLC, the company that operates the Nestproduct (“Nest,” “we,” “us,” or “our”), and you and, if you use Neston behalf of an agency, organization, or other entity, that entity (together, “you,” “your,” or “Customer”). They govern your access to and use of the Nestwebsites, applications, APIs, and related services (the “Service”).
Please read these Terms carefully. They include a mandatory binding arbitration provision and a class-action waiver (Section 17) that affect how disputes are resolved, and disclaimers and limitations of liability (Sections 14–15) that limit our liability to you.
By clicking to accept, creating an account, or otherwise accessing or using the Service, you agree to these Terms, our Privacy Policy, and, where you process the personal information of your own clients through the Service, our Data Processing Addendum, each incorporated by reference. If you do not agree, do not use the Service.
1. Eligibility and authority
The Service is intended for licensed insurance agents and authorized representatives of independent marketing organizations and agencies. You represent that you are at least 18 years old, that the information you provide is accurate, and that you have the authority to enter into these Terms on behalf of yourself and any entity you represent. If you accept on behalf of an entity, “you” includes that entity and you represent you are authorized to bind it.
2. The Service and license
Subject to these Terms and any applicable plan limits, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term. We may update, change, or discontinue features at any time; material customer-facing changes are communicated through in-app notices or email.
3. Acceptable use and restrictions
You agree not to, and not to permit anyone to:
- use the Service in violation of any law, regulation, carrier rule, or third-party right;
- scrape, mirror, harvest, reverse engineer, decompile, or attempt to derive source code, except where such restriction is prohibited by law;
- resell, sublicense, or republish the Service or its content without our written permission;
- bypass or attempt to bypass authentication, rate limits, security controls, or usage gates;
- probe, scan, or test the vulnerability of the Service except under a coordinated disclosure with us;
- upload malware, or interfere with or place undue load on the Service or its infrastructure;
- use the AI features to generate misleading, deceptive, non-compliant, or unsolicited insurance advertising, or content that violates the rights of others.
We may suspend or limit access to investigate suspected violations or to protect the Service, you, or third parties.
4. Accounts and security
Authentication is provided through our identity provider. You are responsible for safeguarding your credentials and for all activity under your account, and for your authorized users (including seats in your organization). Notify hello@nestannuity.com promptly if you suspect unauthorized access. You are responsible for the acts and omissions of your authorized users as if they were your own.
5. Your responsibilities and regulatory compliance
Insurance is a regulated profession, and the Service is a tool you operate — not a participant in your regulated activities. You are solely responsible, and Nest is not responsible, for:
- holding and maintaining every license, appointment, and certification required for the business you write, in every applicable state;
- all advice, recommendations, suitability determinations, replacement and 1035-exchange decisions, illustrations you present, and transactions you conduct with your clients;
- the accuracy, legality, and compliance of every communication you send using the Service, including compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, Do-Not-Call rules, state department of insurance advertising regulations, and any carrier-specific advertising or marketing approvals;
- obtaining all consents and providing all notices required to collect, upload, and process the personal information of your clients and contacts through the Service, and for having a lawful basis to do so;
- reviewing and verifying any data the Service surfaces — including rates, carrier and product data, NIPR license records, AHIP statuses, commission projections, and AI-generated content — before relying on or acting on it.
Nest is not an insurance producer, agency, broker, carrier, fiduciary, or provider of insurance, financial, investment, tax, or legal advice, and nothing in the Service constitutes such advice to you or to any consumer.
6. Customer Data
“Customer Data” means the data you and your users submit to the Service, including your book of business, contacts and leads, client records, documents, and communications. As between the parties, you own Customer Data. You grant Nest a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Service and as permitted by the Privacy Policy.
Where Customer Data includes personal information of your clients, you are the controller (or business) and Nest acts as your processor (or service provider); that relationship is governed by our Data Processing Addendum. You are responsible for the accuracy and legality of Customer Data and for maintaining your own copies; the Service is not a system of record or a backup service.
7. AI features
The Service includes AI-assisted features that generate drafts, summaries, suggestions, and other output. AI output is probabilistic and may be inaccurate, incomplete, or unsuitable. You must review all AI output before using or sending it, and you are solely responsible for the output you choose to use and for its compliance. AI output is provided without warranty of accuracy or fitness, and is not professional advice. We do not use Customer Data to train third-party foundation models.
8. Third-party and bring-your-own integrations
Nestis built around bring-your-own integrations — you provide your own accounts with services such as Twilio, DocuSign, Google, LinkedIn, NIPR, AHIP, payment and payout providers, and carrier feeds. Those services are governed by their own terms and pricing, and we are not responsible for them. If a third-party service degrades, changes, or goes offline, Nest cannot substitute for it and is not liable for downstream effects on your workflow. Your vendor accounts and contracts remain yours when you leave.
9. Fees, billing, and auto-renewal
Paid plans are billed in advance through our payment processor on the cycle you select (monthly or annual) and at the per-seat rates then in effect. Subscriptions automatically renew for successive periods at the then-current rate unless you cancel before the renewal date; you authorize us to charge your payment method for each renewal until you cancel. You may cancel at any time from billing settings, with cancellation effective at the end of the current paid period. Except where required by law, fees are non-refundable and partial periods are not prorated. You are responsible for applicable taxes. We may change prices on renewal with prior notice. Where state automatic-renewal laws apply, the renewal terms, cancellation method, and any required notices govern.
10. Beta and early-access features
Features identified as beta, preview, early access, or “coming soon” are provided as is, may change or be withdrawn at any time, may be unstable, and are excluded from any service commitment. Roadmap or forward-looking statements are direction, not a contractual commitment; see our Disclosures.
11. Intellectual property
Nest and Mule Digital LLC own the Service, including its software, marks, design, and content, and all related intellectual property. These Terms grant you no rights to our marks, wordmark, or branding except as needed to use the Service. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
12. Confidentiality
Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms and protect it with reasonable care, except for information that is public through no fault of the receiving party or that must be disclosed by law.
13. Term, suspension, and termination
These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure, or if we discontinue the Service. On termination, your license ends; you may export Customer Data for a limited period as described in the Service, after which we may delete it subject to the retention terms in the Privacy Policy. Sections that by their nature should survive (including 5–6, 9, 11–18, 20) survive termination.
14. Disclaimers of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, DATA, AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, 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 SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA OR OUTPUT (INCLUDING RATES, CARRIER, PRODUCT, NIPR, OR AI-GENERATED CONTENT) IS ACCURATE, COMPLETE, CURRENT, OR SUITABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NEST NOR MULE DIGITAL LLC WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THESE LIMITS APPLY ACROSS ALL THEORIES OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY; NOTHING HERE LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
16. Indemnification
You will defend, indemnify, and hold harmless Mule Digital LLC, Nest, and their officers, employees, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data and your use of the Service; (b) communications you send or content you generate or distribute using the Service; (c) your clients’ or contacts’ claims relating to your services or your handling of their information; (d) your violation of these Terms or any law, regulation, carrier rule, or third-party right (including TCPA, CAN-SPAM, Do-Not-Call, privacy, and insurance-regulatory requirements); and (e) your breach of your compliance and licensing responsibilities in Section 5. We may assume the defense of any matter subject to indemnification, in which case you will cooperate with us.
17. Dispute resolution — binding arbitration and class waiver
Please read this section carefully — it affects your legal rights.
Informal resolution first. Before starting an arbitration, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute to hello@nestannuity.com (and we will notify you at your account email), and the parties will negotiate in good faith for at least 30 days.
Binding arbitration. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer or commercial rules, rather than in court, except as stated below. The arbitrator decides all issues, except that a court decides the enforceability of this arbitration provision and the class waiver below.
Class-action and jury waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding. You and we waive any right to a jury trial.
Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief for actual or threatened infringement or misuse of intellectual property or confidential information.
30-day opt-out. You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing hello@nestannuity.com with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
Severability of class waiver. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than in arbitration; the rest of this Section remains in effect. To the extent any claim cannot be arbitrated as a matter of law, the parties consent to the courts described in Section 18 for that claim.
18. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 17. For any matter not subject to arbitration, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and you consent to that jurisdiction and venue. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
19. Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or failures of third-party services or infrastructure.
20. General
These Terms, with the documents they incorporate, are the entire agreement between you and us about the Service and supersede prior agreements on that subject; an executed master services agreement, if any, controls over these Terms to the extent of a conflict for that customer. If any provision is held unenforceable, it will be limited or severed and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. The parties are independent contractors. You will comply with applicable export-control and sanctions laws and represent you are not subject to them. We may provide notices through the Service or your account email; you may reach us at the address below. Section headings are for convenience only.
21. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms with a revised effective date and, for material changes, provide notice through the Service or by email. Changes are effective when posted (or on the stated later date), and your continued use of the Service after that constitutes acceptance.
22. Contact
Mule Digital LLC — Nest
[PRINCIPAL ADDRESS]
hello@nestannuity.com