Terms and Conditions
Last Updated: September 2026
1. Acceptance of Terms
Welcome to nontronite.xyz. These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User," "you," or "your") and Nontronite ("Company," "we," "us," or "our"), concerning your access to and use of our website located at nontronite.xyz, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"). By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the entirety of these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.
We operate in compliance with the notice-and-choice model established under United States law. We adhere to the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), ensuring that our representations to you are neither unfair nor deceptive. Furthermore, if you register for any paid, auto-renewing, or negative-option subscription services through the Service, the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA) applies. By accepting these Terms, you expressly consent to any applicable negative-option features, provided that we will always clearly disclose the material terms of the transaction before obtaining your billing information, obtain your express informed consent, and provide simple mechanisms for cancellation.
These Terms incorporate by reference our Privacy Policy and our Cookie Policy. You acknowledge that you have reviewed and accepted the data practices described in those policies. The US follows a sectoral privacy framework; therefore, our obligations and your rights regarding personal information are governed by federal statutes such as the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and a fast-growing patchwork of state comprehensive privacy laws. By using the Service, you affirm that you are of the legal age of majority in your jurisdiction (at least 13 years of age, and if under 18, that you have parental consent) and possess the legal capacity to enter into this agreement.
2. Use of Service
Subject to your ongoing compliance with these Terms, Nontronite grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal use. The Service is provided on a Software-as-a-Service (SaaS) basis. This Agreement is not governed by the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) to the extent such adoption would alter the allocation of risk or warranties set forth herein; we expressly disclaim the application of UCITA to these Terms.
You acknowledge that the Service is not intended for use in regulated industries without a separate, explicit enterprise agreement. You must not submit to the Service any data protected under the Health Insurance Portability and Accountability Act (HIPAA) where applicable, or financial data regulated by the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions. Nontronite is not a covered entity or business associate under HIPAA, nor a financial institution under GLBA, and the Service does not provide the requisite safeguards for such regulated data.
We comply with applicable state comprehensive privacy laws, including but not limited to the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and State comprehensive privacy laws (TX, OR, MT, FL, TN, etc.). Under the US notice-and-choice model, opt-in consent is required only for selling/sharing personal information (CPRA/GPC) and tracking children under 13 (COPPA). We do not sell your personal information as defined by these statutes. If you are a California resident, you may exercise your right to opt-out of targeted advertising and the "sharing" of personal information for cross-context behavioral advertising by utilizing the Global Privacy Control (GPC) signal, which we honor in accordance with Cal. Civ. Code § 1798.120 and § 1798.135.
3. User Obligations
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to immediately notify Nontronite of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to maintain adequate security over your account. You must provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
In connection with your use of the Service, you must not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Nontronite or users of the Service, or expose them to liability. Specifically, you agree not to: (i) use the Service in any manner that violates any applicable federal, state, local, or international law or regulation; (ii) infringe upon the intellectual property rights of any third party; (iii) upload or transmit viruses, Trojan horses, or other malicious code; (iv) interfere with or disrupt the servers or networks connected to the Service; or (v) attempt to gain unauthorized access to any portion of the Service.
Furthermore, you must comply with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA) and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments). You may not use the Service to collect personal information from children under 13 without verifiable parental consent. If you are a parent or guardian and believe your child has provided us with personal information in violation of COPPA, please contact us immediately. Additionally, you must not use the Service in a manner that violates the Electronic Communications Privacy Act, 18 U.S.C. § 2511 (limited application), or state wiretapping/cpw statutes, such as the California Invasion of Privacy Act § 631, which governs session-replay litigation and unauthorized recording. You must obtain all necessary consents before recording or monitoring any communications through the Service.
4. Intellectual Property Rights
The Service and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, software, code, interfaces, and the selection and arrangement thereof, are owned by Nontronite, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Uniform Commercial Code (UCC) Article 2 as adopted by the states does not apply to the licensing of software or digital content herein, as the Service constitutes the provision of services rather than the sale of goods.
These Terms permit you to use the Service for your own internal, lawful purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as strictly necessary for your personal use of the Service. Any unauthorized use of the Service or any of its components is strictly prohibited and will terminate the license granted herein. All trademarks, service marks, and trade names of Nontronite are our exclusive property.
If you submit, upload, or transmit any content, data, or materials to the Service ("User Content"), you retain all ownership rights in your User Content. By submitting User Content, you grant Nontronite a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, and display such User Content solely for the purpose of operating, providing, and improving the Service. You represent and warrant that you possess all necessary rights to grant this license and that your User Content does not violate the rights of any third party or any applicable law.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Nontronite, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Service. This limitation applies regardless of the theory of liability, whether in contract, tort, strict liability, or any other legal theory.
Furthermore, to the maximum extent permitted by applicable law, the total aggregate liability of Nontronite for any claims arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (i) the amounts you have paid to Nontronite for the Service in the twelve (12) months preceding the event giving rise to the claim, or (ii) fifty United States dollars ($50.00). You acknowledge that the limitations of liability set forth in this section are an essential basis of the bargain between the parties, and that absent these limitations, the pricing and availability of the Service would be substantially different.
Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation of implied warranties, so the above limitations or exclusions may not apply to you. However, in such jurisdictions, the liability of Nontronite shall be limited to the maximum extent permitted by law. We do not limit liability for gross negligence, willful misconduct, or where limitation is prohibited by federal or state statute, such as specific consumer protection provisions under the FTC Act.
6. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nontronite DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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 DEFECTS WILL BE CORRECTED.
Any reliance on the Service is at your own risk. Nontronite does not warrant that the Service will meet your specific requirements or expectations. You are solely responsible for any damage to your computer system, mobile device, or loss of data that results from your use of the Service. No advice or information, whether oral or written, obtained by you from Nontronite or through the Service, shall create any warranty not expressly stated in these Terms. The Uniform Commercial Code (UCC) Article 2 as adopted by the states implied warranties of merchantability and fitness are hereby disclaimed to the fullest extent permitted by law.
We may provide links or access to third-party websites, services, or applications that are not owned or controlled by Nontronite. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Nontronite is not responsible or liable for any damage or loss caused by or in connection with your use of any such third-party resources.
7. Indemnification
You agree to defend, indemnify, and hold harmless Nontronite, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees and court costs) arising from or relating to: (i) your use of, or inability to use, the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or contractual right; or (iv) your User Content.
Nontronite reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You may not settle any matter without the prior written consent of Nontronite. This indemnification obligation will survive the termination of your account or these Terms.
We will notify you promptly of any claim for which we seek indemnification. However, our failure to provide such notice shall not relieve you of your obligations under this section, except to the extent that you are materially prejudiced by such failure. You agree to provide us with reasonable assistance and cooperation in the defense of any such claim.
8. Governing Law
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the United States and the state in which Nontronite is incorporated, without regard to its conflict of law provisions. You and Nontronite submit to the exclusive jurisdiction of the state and federal courts located within that state for the resolution of any disputes, subject to the Dispute Resolution section below.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. Furthermore, the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) shall not apply. We intend for these Terms to be enforceable in accordance with the laws of the jurisdiction in which Nontronite operates, and you agree to submit to the personal jurisdiction of the courts located therein.
If any aspect of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect. The waiver by Nontronite of any breach or default of these Terms shall not constitute a waiver of any subsequent breach or default.
9. Dispute Resolution
You and Nontronite agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration on an individual basis, rather than as a class action or representative action. You and Nontronite expressly waive any right to bring or participate in a class action or consolidated proceeding. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Before initiating arbitration, the party asserting the claim must first provide the other party with a written notice of the dispute that includes a description of the claim and the relief sought ("Notice of Dispute"). The parties must attempt to resolve the dispute informally within sixty (60) days after the Notice of Dispute is received. If the dispute is not resolved within that period, either party may initiate arbitration. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may bring an action in small claims court to resolve a dispute, provided the action is limited to that court's jurisdiction. Additionally, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information. You acknowledge that by agreeing to these Terms, you are waiving your right to a trial by jury.
10. Termination
You may terminate your account or discontinue your use of the Service at any time, for any reason, by following the instructions on the Service or by contacting us at [email protected]. If you have an active paid subscription, termination will be effective at the end of the current billing cycle, and no refunds will be provided except as expressly required by law, such as under the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA) for negative-option billing.
Nontronite may suspend or terminate your access to the Service, or terminate your account, at any time, for any reason, including if we believe you have violated these Terms or applicable law. Upon termination, your right to use the Service will immediately cease. We may also terminate or suspend access to the Service if your account remains inactive for an extended period.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, Nontronite will retain your User Content and data in accordance with our Privacy Policy and applicable law, after which it may be permanently deleted.
11. Changes to Terms
Nontronite reserves the right to modify or revise these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on this page and updating the "Last Updated" date at the top of this document. In some cases, we may provide additional notice, such as sending an email notification or displaying a prominent notice within the Service.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service and terminate your account. You are responsible for regularly reviewing these Terms to stay informed of any updates.
Our compliance with federal and state laws, including the FTC Act and state comprehensive privacy laws, may require us to update these Terms periodically. We will ensure that any changes comply with the notice-and-choice model and applicable consent requirements. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the updated Terms.
12. Contact Information
If you have any questions, concerns, or requests regarding these Terms or the Service, please contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.
- Company Name: Nontronite
- Email: [email protected]
- Phone: +15161683850
- Address: One World Trade Center, 285 Fulton Street, New York, NY 10007, United States
For privacy-specific inquiries, including requests to exercise your rights under the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), or other state comprehensive privacy laws, please contact us via the email or address provided above, referencing "Privacy Request" in the subject line.
Official legal notices to Nontronite must be sent in writing to the physical address provided above.