Legal

Nesta Terms of Service

Terms governing access to and use of Nesta websites, applications, hosted website tools, dashboards, reports, software, and related services.

Effective November 29, 2024Last updated May 4, 2026

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and NESTA SITES INC., a corporation organized under the laws of Manitoba, Canada ("Company," "we," "us," or "our"), governing your access to and use of Nesta, including our websites, hosted website tools, applications, dashboards, reports, APIs, software, and related services (collectively, the "Services").

By creating an account, clicking to accept these Terms, starting a paid subscription, or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

Depending on your use of the Services, additional documents may apply, including our Cookie and Analytics Notice, Acceptable Use and Restricted Data Policy, Copyright Policy, Data Processing Agreement, Subprocessor List, Google API Disclosure, and AI and Public Audit Disclosure. Where applicable, those documents are incorporated into these Terms by reference.

If you are accepting these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity. In that case, "you" means that entity and its authorized users.

If you do not agree to these Terms, do not use the Services.

2. The Services

Nesta is a software platform for businesses. Depending on your plan and enabled features, the Services may include:

  • local search, SEO, keyword, map, and visibility tracking;
  • Google Business Profile, Search Console, Google Ads, Local Services Ads, WordPress, and other third-party integrations;
  • hosted websites, landing pages, forms, analytics, and conversion tracking;
  • AI-assisted content, recommendations, summaries, and workflow tools;
  • public visibility audits, reporting, dashboards, alerts, collaboration, and account administration features.

The Services are software tools. Unless we expressly agree otherwise in a separate signed agreement, we are not providing managed marketing services, agency services, legal advice, or professional consulting services.

3. Eligibility and Business Use

You may use the Services only if:

  • you are at least 18 years old;
  • you can form a binding contract with us; and
  • your use complies with these Terms and applicable law.

The Services are intended for business and professional use. You may not use the Services for consumer, household, or personal projects that violate applicable law or third-party rights.

4. Accounts and Authorized Users

You must provide accurate, current, and complete account information and keep it updated.

You are responsible for:

  • all activity under your account and subaccounts;
  • maintaining the confidentiality of your credentials;
  • assigning access only to personnel, contractors, or collaborators you authorize; and
  • promptly notifying us of suspected unauthorized access or security incidents involving your account.

You must not share login credentials in a manner that circumvents seat, user, or plan restrictions.

We may require reasonable identity, billing, or account verification before enabling or restoring access.

5. Subscription Plans, Billing, and Renewal

5.1 Paid Plans

Some Services require a paid subscription. Pricing, plan limits, included features, and billing intervals are described on the applicable order page, pricing page, checkout flow, or order form.

Plans may be offered on a monthly or annual basis. Annual plans may be billed upfront unless we state otherwise in writing.

5.2 Automatic Renewal

If you purchase a recurring subscription, you authorize us and our payment processor to charge your selected payment method on a recurring basis until you cancel.

Your subscription automatically renews at the end of each billing period unless you cancel before renewal. You agree that we may send required renewal or billing notices electronically.

5.3 Taxes

Fees do not include taxes unless expressly stated otherwise. You are responsible for applicable sales, use, VAT, GST/HST, or similar taxes, excluding taxes based on our income.

5.4 Failed Payments

If a charge is declined or unpaid, we may retry payment, suspend features, downgrade access, or suspend or terminate your account until payment is resolved.

5.5 Pricing Changes

We may change pricing, packaging, usage limits, and plan features prospectively. If we change the price of a recurring subscription, we will provide advance notice as required by law and the change will apply no earlier than your next renewal following that notice.

6. Free Trials, Betas, and Promotional Offers

We may offer free trials, beta access, credits, discounts, or promotional pricing.

Unless the offer terms say otherwise:

  • trial access does not require payment unless you affirmatively select a paid plan or provide a payment method for a paid conversion;
  • if a particular offer is designed to convert automatically, the checkout or order flow will state the conversion timing, price, billing interval, and cancellation method before you accept the offer; and
  • beta, preview, and early-access features are provided "as is," may change at any time, and may be subject to additional limits.

We may modify or end any promotional offer at any time to the extent permitted by law.

7. Cancellation and Downgrades

7.1 How to Cancel

You may cancel a recurring subscription through the billing portal we make available in the Services or by contacting support@nesta.so, unless a different cancellation method is specified at purchase.

7.2 When Cancellation Takes Effect

Unless we expressly state otherwise at purchase:

  • monthly subscriptions remain active until the end of the current monthly billing period;
  • annual subscriptions remain active until the end of the prepaid annual term; and
  • cancellation stops future renewals but does not retroactively cancel charges already incurred.

7.3 Refunds

Except where required by law or expressly stated in writing:

  • subscription fees are non-refundable;
  • we do not provide prorated refunds or credits for partial billing periods; and
  • downgrades or removals of add-ons generally take effect at the next renewal date.

7.4 Data After Cancellation

After cancellation or termination, we may disable access to paid features and may delete or anonymize Customer Data after the retention period described in our Privacy Policy or product documentation.

You are responsible for exporting any data you need before deletion.

8. Customer Data

8.1 Your Ownership

As between you and us, you retain ownership of data, content, business information, configuration, website content, form submissions, uploaded assets, reports, and other materials that you or your authorized users submit to or generate through the Services ("Customer Data"), subject to the rights you grant below.

8.2 Limited License to Us

You grant us a non-exclusive, worldwide, limited license to host, copy, process, transmit, display, modify, and otherwise use Customer Data only as necessary to:

  • provide, operate, secure, support, and improve the Services;
  • maintain backups and disaster recovery systems;
  • prevent fraud, abuse, or misuse;
  • comply with law; and
  • enforce these Terms.

8.3 Responsibility for Customer Data

You are solely responsible for:

  • the accuracy, quality, legality, and rights clearance of Customer Data;
  • obtaining all notices, permissions, and consents required for your use of the Services;
  • your instructions to us concerning Customer Data; and
  • your compliance with privacy, consumer protection, advertising, anti-spam, and sector-specific laws.

You represent and warrant that you have all rights and permissions necessary for us to process Customer Data as contemplated by these Terms.

9. Hosted Websites, Forms, and Analytics

If you use our hosted website, page, form, lead capture, analytics, or conversion tracking features:

  • you are responsible for the content, claims, disclosures, and legal notices presented on your websites and forms;
  • you are responsible for providing any privacy policy, cookie notice, and consent mechanisms required for your use case, audience, and jurisdiction;
  • you are responsible for your handling of leads and other personal information collected through your websites or forms; and
  • we may process website visitor, lead, and analytics data on your behalf in order to provide the Services.

We may provide hosted-site legal page templates, default notices, or site-level disclosure tools for your convenience. If we do, you authorize us to publish and display those materials based on your configured settings and business information.

Any such templates, notices, or tools are provided as product features only, not legal advice, and they may not address business-specific, industry-specific, or jurisdiction-specific requirements. You remain responsible for reviewing them and determining whether they are accurate, complete, and sufficient for your business and websites.

Unless we expressly agree otherwise in writing, our own platform Terms and our own Privacy Policy do not by themselves serve as the privacy notice, cookie notice, or terms of use for each customer-hosted website.

You must not use hosted forms or website features to collect information in a manner that is deceptive, unlawful, or inconsistent with your published notices.

10. Public Audits and Lead Magnet Reports

If you request a public visibility audit, free scan, sample report, or similar public-facing report:

  • you authorize us to process the business, website, service area, public profile, email address, and related inputs you provide;
  • you authorize us to use public, licensed, and vendor-provided data sources to generate the report;
  • report results are snapshots and may be incomplete, delayed, inaccurate, or affected by third-party data availability;
  • the report is informational and does not guarantee rankings, traffic, leads, revenue, or business outcomes; and
  • we may send the report link and related service communications to the email address you provide.

Public audit report URLs, IDs, or result tokens should be treated as private links. Do not share them with people who should not see the report.

11. Third-Party Services and Integrations

The Services may interoperate with third-party products, APIs, platforms, websites, hosting providers, payment processors, analytics tools, and data providers, including Google, Stripe, WordPress, and other vendors.

Your use of third-party services is subject to their own terms and policies. We are not responsible for third-party services, content, outages, pricing changes, access restrictions, data availability, or acts or omissions of third parties.

You authorize us to access, retrieve, display, process, and store data from connected third-party accounts as necessary to provide the Services and as permitted by your settings and those third parties' permissions.

If you connect advertising or lead-generation accounts, including Google Ads or Local Services Ads, you remain solely responsible for:

  • all budgets, bids, targeting selections, campaign settings, spend, charges, credits, disputes, refunds, taxes, and billing arrangements associated with those third-party accounts;
  • the accuracy, legality, and substantiation of ad copy, landing pages, offers, claims, and disclosures;
  • maintaining appropriate account-level permissions, approvals, billing controls, and change controls with the third-party platform; and
  • reviewing changes made by your authorized users before publishing or enabling live campaigns.

Unless you separately and expressly enable an automation workflow that states otherwise, we do not undertake to automatically publish campaigns, increase budgets, change bids, or incur advertising spend on your behalf without an affirmative user action through the Services.

You are responsible for all actions taken through your connected ad accounts by your authorized users, your personnel, your contractors, and any person who gains access through credentials, permissions, or account connections you control. We are not responsible for ad spend, lead charges, campaign performance, or other third-party platform charges incurred as a result of your instructions, your account settings, your permissions model, or authorized use of the Services.

12. Google API and Similar Restricted Data

If you connect Google or other restricted-data integrations, you instruct us to access and process that data solely to provide the features you enable.

Your use of features powered by Google APIs remains subject to applicable Google terms and policies. Our use and transfer of information received from Google APIs will comply with the Google API Services User Data Policy, including applicable Limited Use requirements.

You must not direct us to use restricted integration data for any unlawful or prohibited purpose.

13. AI Features

The Services may include AI-assisted features that generate content, summaries, recommendations, classifications, or other outputs.

You acknowledge that:

  • AI outputs may be incomplete, inaccurate, outdated, or inappropriate for your use case;
  • AI outputs are provided for informational assistance only;
  • you are solely responsible for reviewing and validating outputs before relying on or publishing them; and
  • we do not guarantee any business result, ranking result, lead outcome, traffic increase, or legal compliance from AI-generated outputs.

You must not use AI features in ways that violate law, third-party rights, or these Terms.

14. Acceptable Use

You may not, and may not permit any user or third party to:

  • use the Services in violation of any law, regulation, or third-party right;
  • upload, submit, or distribute unlawful, deceptive, infringing, defamatory, harassing, or malicious material;
  • send or facilitate spam, phishing, or unlawful marketing using data obtained through the Services;
  • attempt to gain unauthorized access to the Services or any related systems;
  • interfere with the integrity, security, or performance of the Services;
  • reverse engineer, decompile, or attempt to extract source code except where prohibited by law from restricting that activity;
  • scrape or harvest the Services themselves, except through features or APIs we expressly provide;
  • use the Services to build a competing service based on unauthorized access to the Services or their non-public elements;
  • use the Services with high-risk activities where failure could cause death, personal injury, or severe property or environmental damage;
  • make or attempt to make unauthorized changes to third-party advertising, billing, or lead-generation accounts connected through the Services; or
  • use the Services in a way that violates third-party platform rules, including Google platform requirements.

We may monitor compliance with this Section and may suspend or terminate access if we reasonably believe misuse has occurred.

15. Intellectual Property

We and our licensors own all rights, title, and interest in the Services, including the software, interfaces, design, workflows, documentation, trademarks, logos, aggregated usage insights, and all related intellectual property, except for Customer Data and third-party materials.

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your subscription term for your internal business purposes.

No rights are granted except as expressly stated in these Terms.

16. Feedback

If you provide suggestions, ideas, enhancement requests, or other feedback, we may use that feedback without restriction or obligation to you.

17. Confidentiality

Each party may receive non-public information from the other that is marked or should reasonably be understood to be confidential.

The receiving party will:

  • use the other party's confidential information only to perform under these Terms; and
  • protect it using reasonable safeguards.

Confidential information does not include information that is or becomes public without breach, was already lawfully known, is independently developed without use of the other party's confidential information, or is lawfully received from a third party without duty of confidentiality.

If disclosure is required by law, the receiving party may disclose the minimum required amount, subject to lawful notice where permitted.

18. Suspension and Termination

We may suspend or terminate your access immediately if:

  • you materially breach these Terms;
  • payment is overdue;
  • your use poses a security, legal, or operational risk;
  • we are required to do so by law or a third-party provider; or
  • your use could expose us, other customers, or third parties to harm.

We will use reasonable efforts to provide notice where appropriate, but we are not required to provide advance notice in cases of fraud, abuse, security risk, or legal compulsion.

Sections that by their nature should survive termination survive termination, including payment obligations, ownership, disclaimers, liability limits, indemnity, confidentiality, and dispute provisions.

19. Service Changes and Availability

We may modify, add, remove, or discontinue features from time to time. We do not guarantee that every feature will remain available indefinitely.

We use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation.

Scheduled maintenance, emergency maintenance, third-party outages, and internet failures may affect availability.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
  • ANY DATA WILL BE ACCURATE, COMPLETE, OR ALWAYS AVAILABLE;
  • ANY SEO, RANKING, TRAFFIC, LEAD, OR BUSINESS RESULT WILL BE ACHIEVED; OR
  • ANY THIRD-PARTY PLATFORM OR INTEGRATION WILL CONTINUE TO BE AVAILABLE OR COMPATIBLE.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
  • OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Nothing in these Terms limits liability that cannot be limited under applicable law.

22. Indemnification

You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and contractors from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • your Customer Data;
  • your websites, forms, content, or claims;
  • your use of the Services in violation of these Terms or applicable law; or
  • your violation of third-party rights.

We will reasonably cooperate in the defense at your expense.

23. Privacy

Our Privacy Policy describes how we collect, use, disclose, and otherwise process personal information in connection with the Services. The Privacy Policy is incorporated into these Terms by reference.

If required for your use case, the parties may also enter into a separate Data Processing Agreement.

24. Governing Law and Disputes

These Terms and any dispute or claim arising out of or related to them or the Services are governed by the laws of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law rules.

Unless applicable law requires otherwise, the parties submit to the exclusive jurisdiction of the courts located in Winnipeg, Manitoba, Canada for any dispute arising out of or relating to these Terms or the Services.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, notifying you in the Services, sending an email, or using another reasonable method.

Except where law requires a different notice period, changes become effective on the date stated in the updated Terms. If you continue using the Services after the effective date, you agree to the updated Terms.

26. General

  • These Terms, together with the Privacy Policy, applicable order forms, and any incorporated policies or addenda, are the entire agreement between you and us regarding the Services.
  • If any provision is held unenforceable, the remaining provisions remain in effect.
  • Our failure to enforce a provision is not a waiver.
  • You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
  • Electronic notices satisfy legal notice requirements.

27. Contact

NESTA SITES INC.

Winnipeg, MB, Canada

support@nesta.so

nesta.so