Terms of Service
Effective date: October 14, 2026
Version: 2026-10-14. Previous versions of these Terms, and a summary of what changed in each, are available on request at hello@nestannuity.com.
These Terms of Service (the “Terms”) are a binding agreement between Mule Digital LLC, a Michigan limited liability company at 2120 University Park Dr, Okemos, MI 48864 (“Mule Digital,” “we,” “us,” or “our”), which operates the Nest product and website, and you and, if you use the Service on behalf of an agency or other entity, that entity (together, “you,” “your,” or “Customer”). They govern your access to and use of the Nest websites, applications, APIs, and related services (the “Service”). Nest is a product name, not a separate legal entity. Mule Digital LLC, its affiliates, and its and their members, managers, officers, employees, contractors, agents, licensors, suppliers (including its hosting, authentication, payment, email, and AI providers), successors, and assigns are the “Mule Parties.”
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A NO-REFUND POLICY (SECTION 9.3), A DISCLAIMER OF WARRANTIES (SECTION 14), AN EXCLUSIVE REMEDY (SECTION 15), LIMITATIONS OF LIABILITY (SECTION 16), A ONE-YEAR TIME LIMIT FOR CLAIMS (SECTION 18), AND A MANDATORY BINDING INDIVIDUAL ARBITRATION PROVISION WITH A CLASS-ACTION AND JURY WAIVER (SECTION 19). THESE AFFECT YOUR LEGAL RIGHTS.
By clicking to accept, creating an account, or otherwise accessing or using the Service, you agree to these Terms, our Privacy Policy, our Refund and Cancellation 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, authority, and business use
The Service is intended for licensed, independent insurance agents and their authorized representatives. 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.
You represent that you are a licensed insurance professional or agency (or acting on behalf of one) and are buying the Service solely for business purposes, not for personal, family, or household use, and that you are not a consumer under any consumer protection law. The Consumer Rules of any arbitration provider do not apply. You also represent that you hold, and will keep, every license required for your use of the Service.
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, suspend, or discontinue features at any time. We may, but are not required to, communicate changes by in-app notice or email.
No service level, uptime, support, or data-retention commitment applies unless stated in a signed writing. Our changing, suspending, or discontinuing any feature is not a breach and gives rise to no refund, credit, or damages (see Section 9.3).
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;
- send, store, or process data you are not authorized to use, including nonpublic personal health information unless you hold any authorization required by law;
- create, publish, or procure fake, AI-generated, purchased, or undisclosed-insider reviews or testimonials, or fail to disclose any material connection with an endorser.
Email. For every message you send through the Service, you are the sender and initiator under CAN-SPAM and state email laws. You choose recipients and approve content; Mule Digital provides routine conveyance only. You will honor opt-outs within 10 business days.
Calls and texts. If calling or texting features are ever made available, or if you place calls or texts through your own accounts, you are the caller and sender of every call or text. You will obtain and keep records of prior express written consent where required, honor revocations and do-not-call requests, follow calling-hour and registry rules, and not use artificial or AI voices without the consent the law requires.
Advertising approval. You are responsible for having your website, AI-drafted content, and rate displays approved as your insurers and state law require before publication. Nest templates and AI drafts are not pre-approved by any insurer or regulator.
We may suspend or limit access to investigate suspected violations, to protect the Service, you, or third parties, or where complaint, bounce, or abuse rates on messages sent through the Service exceed levels we consider acceptable.
4. Accounts and security
Authentication is provided through our identity provider. Each seat is for one named individual, and you will not share credentials. You are responsible for safeguarding your credentials and for all activity under your account, and for anyone you authorize to act on your behalf. You are solely responsible for losses arising from unauthorized use of your account that results from your failure to protect credentials, and for access you grant to a connected third-party service (defined in Section 8) such as Salesforce. Notify hello@nestannuity.com promptly if you suspect unauthorized access. You are responsible for the acts and omissions of anyone you authorize as if they were your own.
5. Your responsibilities and regulatory compliance
5.1 What you are responsible for
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 the Mule Parties are 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;
- independently verifying every Output and AI Output (defined in Sections 5.8 and 7) before relying on it or acting on it.
5.2 Not a producer
NOT A PRODUCER. Mule Digital LLC is not licensed as an insurance producer, agency, broker, MGA, IMO/FMO, broker-dealer, investment adviser, or law firm, and does not sell, solicit, or negotiate insurance or securities. We receive no commission, override, bonus, or other compensation from any insurer, IMO, or product sponsor that is tied to any application, policy, premium, or sale. Your subscription fee is a flat software fee and is not contingent on any sale. Nothing in the Service is insurance, financial, investment, tax, or legal advice to you or to any consumer.
5.3 Compliance tools
COMPLIANCE TOOLS. Templates, checklists, worksheets, best-interest records, replacement worksheets, disclosure logs, and other records are convenience and documentation aids only. They are not legal or compliance advice, are not reviewed or approved by any regulator, insurer, or broker-dealer, and may not satisfy any jurisdiction’s requirements. Nest does not make, review, or approve recommendations and does not determine suitability or best interest. The Service is not a system of record; keep your own complete records, because data may be lost.
5.4 Your regulatory duties
YOUR REGULATORY DUTIES. Mule Digital LLC cannot and does not assume any duty the law places on you as a licensed producer, including suitability and best-interest, replacement and 1035 duties, illustration and annuity disclosure rules, advertising rules, licensing, privacy and data security, telemarketing and email laws, record retention, and FINRA and SEC rules. No feature performs those duties for you.
5.5 Projections and illustrations
PROJECTIONS. Projection, illustration, ladder, income, and comparison tools are hypothetical modelling aids for licensed users. They are not insurer-authorized illustrations under any state illustration or annuity disclosure regulation. In any sale you must use the insurer’s authorized illustration and disclosure document, and you must not present Nest output as one.
5.6 Securities
SECURITIES. Nest is not a broker-dealer, investment adviser, or SEC Rule 17a-4 recordkeeping system. If you are a registered representative, you will use the Service for securities business (including variable annuities and RILAs) only as your broker-dealer approves, and you are responsible for principal approval and archiving.
5.7 Errors and omissions insurance
E&O. You maintain errors-and-omissions insurance appropriate to your business and will provide evidence on request.
5.8 Informational tools; non-reliance
INFORMATIONAL TOOLS ONLY; NON-RELIANCE.
Rates, product data, surrender-charge and MVA schedules, RMD figures, free-look periods, projections, comparisons, commission and income figures, and all other calculations and estimates (“Outputs”) are generated from data supplied by you or third parties and from simplified assumptions. Outputs may be inaccurate, incomplete, outdated, or displayed incorrectly because of software errors, data-entry errors, import or parsing errors, or third-party changes. Carrier and product data, including data you import, is not verified by Nest. Outputs are not carrier illustrations, quotes, offers, or guarantees, and are not tax, legal, investment, insurance, or compliance advice. You must independently verify every Output against the issuing insurer’s current official materials, the contract, and applicable law before relying on it or sharing it with any client. You are solely responsible for all recommendations, sales, replacements, filings, and communications. You agree that you have not relied, and will not rely, on any Output or on any statement not in these Terms, and you assume all risk of using Outputs.
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 Mule Digital LLC a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and troubleshoot the Service and as permitted by the Privacy Policy.
Clients’ personal information. For nonpublic personal information of your clients and prospects, Mule Digital acts solely as your service provider. It will not use or disclose that information except to provide the Service to you, to comply with law, or as you instruct. It will not sell or share it, will not use it for its own marketing, and will not itself use it to train AI models (see Section 7 for AI providers, whose retention and training practices we do not control). Aggregated or de-identified data will be de-identified so it cannot reasonably be re-identified and will not be used to market to your clients. That relationship is further described in 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.
No health information. You will not upload nonpublic personal health information unless you have obtained any authorization required by law. Nest does not sign business associate agreements and is not designed for protected health information.
Security incidents. Mule Digital will notify you without undue delay, and in any event within seventy-two (72) hours after confirming a Security Incident affecting Customer Data, or as soon thereafter as is reasonably practicable where confirmation or containment is delayed by circumstances outside our reasonable control. The notice will include, as known, its nature, the categories and approximate number of records and individuals affected, timing, the measures taken, and a contact. Mule Digital will reasonably cooperate so you can meet state insurance data-security and breach-notification duties. You remain responsible for notices to regulators and clients unless agreed otherwise in writing. “Security Incident” means a breach of security in our own systems that results in unauthorized access to, or acquisition, loss, alteration, or disclosure of, Customer Data. A Security Incident is “confirmed” when a member of our team has verified that it occurred. Unsuccessful attempts and activity that does not compromise Customer Data, such as pings, port scans, blocked log-in attempts, and denial-of-service attacks that do not result in unauthorized access, are not Security Incidents. Our notice of, or response to, a Security Incident is not an admission of fault or liability.
7. AI features
Some features use artificial intelligence, including third-party large language models, to generate drafts, summaries, and suggestions (“AI Output”). AI Output may be inaccurate, incomplete, biased, non-compliant, or entirely fabricated. It is a starting draft only. You decide whether to send any AI Output, and the Service will not send AI-generated content to a consumer without your action, unless you have turned on an automation setting that sends on your behalf. You are solely responsible for reviewing, editing, and approving AI Output and for its accuracy, suitability, and compliance (including insurance advertising, suitability and best-interest, replacement, privacy, and AI-disclosure rules that apply to you), and for obtaining any insurer advertising approval before use as marketing. AI features are not used to decide whether a consumer receives insurance, a price, or a benefit. The Mule Parties have no liability for AI Output or your use of it. Do not enter information you are not authorized to share. We do not use your Customer Data to train our own models. AI requests are processed by third-party providers under their commercial API terms, which they may change, and we do not control their retention or training practices.
8. Third-party services
The Service relies on and may connect to third-party services, including Clerk (authentication), Stripe (payments and billing), Salesforce (CRM synchronization, if you connect it), email and AI providers, and hosting providers (“Third-Party Services”). Your use of a Third-Party Service is governed by that provider’s terms, and you authorize us to exchange Customer Data with it as needed to provide the Service. We do not control and are not responsible for any Third-Party Service, its availability, accuracy, security, fees, or changes, or for data created, changed, overwritten, or deleted in or through your connected accounts (including Salesforce). If a Third-Party Service degrades, changes, or goes offline, the Mule Parties are not liable for downstream effects on your workflow. Integrations and features listed as coming soon or not yet available are not part of the Service.
9. Fees, billing, automatic renewal, and no refunds
9.1 Fees and billing
Paid plans are billed in advance through our payment processor on the cycle you select (monthly or annual) at the plan rates then in effect, plus any seats or credit packs you add. You are responsible for applicable taxes. Prices shown at checkout control for that purchase. Where state automatic-renewal laws apply, the renewal terms, cancellation method, and any required notices in this Section are intended to meet them.
9.2 Automatic renewal and cancellation
AUTOMATIC RENEWAL AND CANCELLATION. Subscriptions renew automatically for the same period at the then-current price until you cancel. You may cancel at any time from Settings > Billing, or by emailing hello@nestannuity.com. Cancellation stops future renewals and takes effect at the end of your current paid period; you keep access until then. No refund or proration is given. We will give at least 30 days’ email notice before any price increase takes effect, and at least 30 days’ notice (and not more than 60) before an annual renewal. For a renewal that falls within 30 days after you first accept these Terms, we will give as much notice as is practicable. You authorize Mule Digital LLC, through Stripe, to charge your payment method for each renewal until you cancel. Where state automatic-renewal laws apply, they govern to the extent they cannot be waived.
ACCOUNT CLOSURE. If you close your account from Settings, your subscription is cancelled immediately, your access ends immediately, and no refund, credit, or proration is given for the unused part of any paid period. To keep access until the end of the paid period, cancel the subscription instead of closing the account. After closure you may request an export of your Customer Data at hello@nestannuity.com within 30 days.
9.3 NO REFUNDS
ALL FEES, SUBSCRIPTION CHARGES (MONTHLY AND ANNUAL), RENEWAL CHARGES, SEAT CHARGES, AND CREDIT-PACK PURCHASES ARE PAID IN ADVANCE, ARE FULLY EARNED WHEN PAID, AND ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CANCELLATION STOPS FUTURE RENEWALS ONLY AND DOES NOT ENTITLE YOU TO A REFUND (SECTION 9.2). THIS INCLUDES: (a) PARTIAL BILLING PERIODS; (b) UNUSED TIME, SEATS, FEATURES, OR CREDITS; (c) DOWNGRADES; (d) CANCELLATION OR CLOSURE OF YOUR ACCOUNT AT ANY TIME; (e) DISSATISFACTION; (f) ANY DATA, RATE, CALCULATION, ESTIMATE, AI OUTPUT, OR OTHER INFORMATION THAT IS DISPLAYED INCORRECTLY, IS INCOMPLETE, OR IS OUT OF DATE; (g) THE SERVICE OR ANY FEATURE NOT WORKING AS YOU INTENDED OR EXPECTED, BEING UNAVAILABLE, OR CONTAINING ERRORS; AND (h) SUSPENSION OR TERMINATION FOR YOUR BREACH.
We do not give refunds, credits, or prorations for any of the above. A refund or credit we give in one instance is a courtesy, does not change this Section, and does not oblige us to give one again. Plan changes. Switching from monthly to annual starts a new annual term immediately; the unused part of the current paid month is applied once as a courtesy credit against the new charge and is not a refund. A change from annual to monthly takes effect when the annual term ends. The limitation of liability in Section 16 caps damages; it is not a right to a refund. Credits are non-refundable, non-transferable, and have no cash value, and any expiry period for credits is stated at the point of purchase. Duplicate or erroneous charges will be refunded promptly.
If Mule Digital LLC discontinues the Service entirely, or terminates your subscription for its own convenience and not for your breach, it will refund the unused prepaid portion of the current paid period. This is your sole remedy in that case. This does not apply to any suspension, limitation, or termination under Section 3 or Section 13, including for breach, non-payment, a payment dispute or chargeback on a charge that was authorized and consistent with these Terms, abuse or complaint rates, a security or legal risk, or a request or requirement of a regulator, carrier, or payment processor, for which no refund, credit, or proration is owed.
The same policy is stated at Refund and Cancellation Policy. In a conflict, this Section 9.3 controls.
9.4 Business purchase
You represent that you are a licensed insurance professional or agency (or acting on behalf of one) and are buying the Service solely for business purposes, not for personal, family, or household use, and that you are not a consumer under any consumer protection law. The Consumer Rules of any arbitration provider do not apply.
9.5 Billing disputes
Before disputing any charge with your card issuer, you agree to contact hello@nestannuity.com and give us 10 business days to resolve the issue. Nothing in these Terms limits any right you have to dispute a transaction with your card issuer. If you dispute a charge that was authorized and consistent with these Terms, we may suspend your account until the dispute is resolved, and fees for that period remain due; we may recover them and any dispute fees we incur, to the extent permitted by law.
10. Beta, early-access, and unreleased 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.
Features, integrations, or functionality that are not currently available in the Service, or that are labeled beta, preview, early access, or coming soon, are not part of the Service you purchased. You are not buying in reliance on any future feature, release date, or roadmap statement, and their delay, change, or withdrawal gives rise to no refund, credit, or damages.
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 cancel at any time as described in Section 9.2. We may suspend or terminate your access immediately if you breach these Terms, fail to pay, dispute a charge that was authorized and consistent with these Terms (see Section 9.5), create risk or legal exposure, or if we discontinue the Service. On termination, your license ends and unpaid fees become due; no refund is owed for any reason except as stated in Section 9.3. For 30 days after termination you may export your Customer Data using the export tools in the Service or by emailing hello@nestannuity.com; after that period we may delete it subject to the retention terms in the Privacy Policy, and we have no obligation to retain or return it. Sections 1, 3, 5 through 9, and 11 through 24, including No Refunds (9.3), Disclaimer of Warranties (14), Exclusive Remedy (15), Limitation of Liability (16), Indemnification (17), Time Limit (18), and Dispute Resolution (19), survive termination.
14. Disclaimer of warranties
THE SERVICE, INCLUDING ALL CONTENT, DATA, RATES, CALCULATIONS, ESTIMATES, AI-GENERATED OUTPUT, COMPLIANCE TOOLS, TEMPLATES, AGENT WEBSITES, AND EMAIL FEATURES, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MULE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE MULE PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL CODE OR BUGS, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT ANY INFORMATION DISPLAYED WILL BE ACCURATE, CURRENT, OR COMPLETE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WORK AS INTENDED.
No oral or written statement by any Mule Party, including marketing, demos, sales calls, or support, creates any warranty.
15. Exclusive remedy for errors and malfunctions
EXCLUSIVE REMEDY. If the Service displays information incorrectly, produces an incorrect Output, is unavailable, or does not operate as described or as you intended, your sole and exclusive remedy, and the Mule Parties’ entire liability, is for you to notify us in writing at hello@nestannuity.com within thirty (30) days after you first discover the error, unavailability, or malfunction, after which we will use commercially reasonable efforts to correct the error or provide a workaround. If we do not do so within a reasonable time, your exclusive remedy is to cancel your subscription effective at the end of the current billing period. A late notice does not shorten the period in Section 18; it only affects how soon we are required to act. NO REFUND, CREDIT, OR PRORATION WILL BE PROVIDED IN ANY CASE. YOU AGREE YOU WILL NOT SEEK A REFUND OR DAMAGES BECAUSE INFORMATION WAS DISPLAYED INCORRECTLY OR THE SERVICE DID NOT WORK AS INTENDED, EXCEPT AS EXPRESSLY ALLOWED BY THE LIMITATION OF LIABILITY AND DISPUTE RESOLUTION SECTIONS.
16. Exclusion of damages; limitation of liability
16.1 Exclusion of damages
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MULE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, COMMISSIONS, BUSINESS, CLIENTS, GOODWILL, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR DISCLOSURE OF DATA; COST OF SUBSTITUTE SERVICES; CHARGEBACKS OF COMMISSIONS; REGULATORY FINES, PENALTIES, OR INVESTIGATION COSTS; OR CLAIMS BY YOUR CLIENTS OR OTHER THIRD PARTIES, HOWEVER CAUSED AND UNDER ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16.2 Limitation of liability
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF ALL MULE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO MULE DIGITAL LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY, OR (B) US $100. MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT. THIS SECTION ALLOCATES RISK, IS REFLECTED IN THE PRICING, APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND IS INDEPENDENT OF AND SEVERABLE FROM EVERY OTHER PROVISION.
Each limitation and exclusion is a separate, independent allocation of risk.
16.3 Savings clause
The limitations and exclusions in Sections 9.3, 14, 15, 16, 17, and 18 apply to the maximum extent permitted by applicable law. If applicable law does not permit a limitation or exclusion, it will be enforced to the greatest extent permitted, and the remaining limitations and exclusions remain in full force. Nothing in these Terms limits liability that cannot be limited under applicable law.
17. Indemnification
You will defend, indemnify, and hold harmless the Mule Parties from all claims, demands, regulatory inquiries, examinations, losses, liabilities, damages, fines, penalties, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service or any Output or AI Output; (b) any communication, email, text, call, website, advertisement, or content sent, published, or uploaded by or for you; (c) any data you import or enter, including carrier rates and client information, and your rights to use it; (d) your insurance or securities business and your dealings with any client, prospect, carrier, IMO, broker-dealer, or regulator, including any recommendation, illustration, sale, or replacement; (e) your breach of these Terms or violation of any law, carrier rule, or third-party right; in each case INCLUDING CLAIMS ALLEGED TO ARISE FROM THE NEGLIGENCE OF ANY MULE PARTY, except to the extent finally determined to have been caused by that Mule Party’s willful misconduct. We may control the defense with counsel of our choice at your expense; you will not settle any claim without our written consent; we may set off amounts owed under this Section.
18. Time limit to bring claims
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED (IN ARBITRATION, IN SMALL CLAIMS COURT, OR IN ANY COURT) WITHIN ONE (1) YEAR AFTER THE CLAIMANT KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO IT, OR IT IS PERMANENTLY BARRED. THE PERIOD IS TOLLED DURING INFORMAL DISPUTE RESOLUTION.
This limit applies equally to claims by you and claims by Mule Digital.
19. Dispute resolution, binding individual arbitration, and class and jury waiver
BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY WAIVER. PLEASE READ CAREFULLY; IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution. Before filing, send a personally signed Notice of Dispute to hello@nestannuity.com (we will notify you at your account email); the parties will negotiate in good faith for 60 days (including an individual call if either side asks). Limitations periods and fees are tolled during this period, and completing it is a condition to filing.
Arbitration. Except for small claims and intellectual-property or injunctive claims, any dispute arising out of or relating to these Terms, the Service, any fees, or the relationship between you and any Mule Party, including the existence, scope, validity, enforceability, or arbitrability of this Section, will be resolved exclusively by final and binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association under its Commercial Arbitration Rules (the Consumer Rules do not apply), before one arbitrator, seated in Lansing, Michigan. Claims under $25,000 are decided by video hearing or on documents. For individual claims of $10,000 or less, Mule Digital pays AAA fees above the Ingham County Circuit Court filing fee unless the claim is frivolous.
YOU AND MULE DIGITAL LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
The arbitrator may award relief only to the individual party and only as needed for that party’s claim. A court, not an arbitrator, decides any dispute about the validity of the class and representative waiver; if it is unenforceable as to a claim, that claim proceeds in court (not in class arbitration) and is stayed pending individual arbitration.
Mass filings. If 25 or more similar demands are filed by or with coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply and demands proceed in staged batches of no more than 50, with the remaining claims tolled. Each claimant receives an individual decision, and no decision binds a non-party.
Small claims. Either party may bring an individual action in small claims court, so long as it stays there on an individual basis. The No Refunds, Exclusive Remedy, Limitation of Liability, and Time Limit sections apply there.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND MULE DIGITAL LLC EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.
30-day opt-out. You may opt out of this Section 19 by emailing hello@nestannuity.com with your name, account email, and a clear opt-out statement within 30 days after first accepting these Terms (for existing customers, within 30 days after the date you accept these updated Terms). Opting out does not affect the rest of these Terms.
One dispute clause. Our Privacy Policy, Data Processing Addendum, Refund and Cancellation Policy, and Disclosures do not contain separate dispute terms. Any dispute about them is resolved under this Section 19 and Section 20. If those documents conflict with this Section, this Section controls.
20. Governing law and venue
These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, Michigan law, without regard to conflict-of-laws principles. The CISG and UCITA do not apply. Subject to the arbitration and small claims provisions, the exclusive forum is the state courts in Ingham County, Michigan (including the business court docket where eligible) or the U.S. District Court for the Western District of Michigan, Southern Division (Lansing), and each party consents to personal jurisdiction there.
21. 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.
22. 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. You acknowledge you are not relying on any representation, warranty, or statement not expressly set out in these Terms. An executed written agreement signed by an authorized officer of Mule Digital LLC controls over these Terms only to the extent it expressly overrides a specific Section by number; these Terms control the No Refunds, Exclusive Remedy, Disclaimer, Limitation, Time Limit, and Dispute Resolution sections otherwise. In a conflict between documents, these Terms control over the Privacy Policy, DPA, order forms, and website terms as to those Sections.
If any provision is held unenforceable, it will be limited or severed and the rest remains in effect, except that the class-waiver fallback in Section 19 applies. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, and any attempted assignment by you without our consent is void; 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.
THIRD-PARTY BENEFICIARIES. Each Mule Party other than Mule Digital LLC is an intended third-party beneficiary of Sections 5 through 9 and 13 through 20 and may enforce them directly against you, including by compelling arbitration under Section 19. Except for the Mule Parties, these Terms confer no rights on any third party.
ELECTRONIC ASSENT AND RECORDS. You agree that clicking the agreement checkbox, an “Agree” button, or the Checkout acceptance box, or using the Service after you have been shown these Terms, is your electronic signature and your binding agreement under the federal E-SIGN Act and the Michigan Uniform Electronic Transactions Act. You consent to receive notices and records electronically, and agree that we may keep and rely on electronic records of your acceptance, including the time, IP address, browser details, Terms version, and the text shown.
23. Changes to these Terms
Mule Digital LLC may update these Terms. If you have a paid subscription, we will give you at least 30 days’ notice of material changes by email and in-app (or immediate notice where required by law or for security). Accounts without a paid subscription are asked to accept the updated Terms the next time they sign in. You may be required to accept the updated Terms to keep using the Service. If you do not agree, you may cancel before the effective date; a paid subscriber who cancels keeps access to the end of the paid period under the Terms previously accepted. Changes to the Dispute Resolution section do not apply to any dispute Mule Digital LLC had actual notice of before the change took effect. For accounts opened before October 14, 2026, the updated Terms apply to you from the date you accept them on the in-app agreement screen, which we will require before you can continue using the Service after the effective date stated in our notice to you. Until you accept, the Terms you previously accepted continue to govern your account. The 30-day arbitration opt-out in Section 19 runs from the date you accept.
24. Contact
Mule Digital LLC
Nest
2120 University Park Dr, Okemos, MI 48864
Billing, cancellation, and error notices: hello@nestannuity.com
Legal notices and arbitration opt-outs: hello@nestannuity.com
General: hello@nestannuity.com