1 Acceptance of the terms
These Terms of Service (the “Terms”) govern your access to and use of Nella: the website, the web app, the mobile and desktop apps, the extensions and any programming interface (together, the “Service”). The Service is operated by Nella Group (“we”).
By creating an account, using guest mode or checking the acceptance box, you agree to the Terms and to the Acceptable Use Policy, which forms part of them, and you acknowledge that you have read the Privacy Policy. If you do not agree, do not use the Service.
If you use the Service on behalf of an organization, you represent that you are authorized to bind it; “you” then also refers to that organization.
2 The Service
Nella is an assistant based on artificial intelligence (AI). It answers your messages, writes text and, depending on your plan, creates websites and apps (the “Creations”) that run in an isolated frame.
Answers are generated by AI models supplied by a specialized service provider. We may change the Service, add or remove features and change models, in particular to improve quality or safety. If a change significantly reduces a paid service you subscribe to, we will tell you in advance.
3 Minimum age and eligibility
You must be 18 years of age or older to use the Service, with or without an account. When you sign up, you confirm that you meet this age requirement.
You may not use the Service if the law that applies to you prohibits it, or if we have previously closed your account for a serious breach of the Terms.
If we learn that a person under 18 is using the Service, we will close their account and delete their information, as described in the Privacy Policy.
4 Your account
You can create an account with your email address, confirmed by a one-time code, or through a third-party sign-in service (Google, Apple or GitHub). Some accounts may also use a password.
- Provide accurate information and keep it up to date.
- Keep control of your email address and sign-in methods: any activity carried out through your account is deemed to be yours, unless you have reported unauthorized use to us.
- An account is personal: do not share it or transfer it.
- Tell us without delay at [email protected] if you suspect unauthorized access.
You can delete your account at any time in the app’s Settings. Deletion is permanent: it erases your conversations and Creations, as described in the Privacy Policy.
5 Guest mode
You can try Nella without creating an account. A temporary guest account is then linked to your browser or device.
- Guest mode gives access to a fast model, for conversation and web search only, with lower limits, shorter messages and conversations, and no Creations or export.
- Your conversations stay tied to that browser or device: if you clear its data, you will no longer be able to retrieve them.
- A guest account that has been inactive for 30 days is deleted automatically, together with its conversations.
- If you create an account from a guest session, your guest conversations are attached to your new account. If you instead log in to an existing account, they stay on the guest account.
The Terms apply to guest mode just as they do to an account, including the minimum age.
6 Plans and usage limits
The Service is offered under several plans, described on the Pricing page: no account, Free and paid plans (Pro, Max and, coming soon, plans for organizations). Your plan determines the models, features and amount of usage available to you.
Your usage is measured over a window of a few hours and over the week. When you reach a limit, you can resume at the reset time shown in the app. Limits reflect the actual cost of answers: a long answer or a more advanced model uses more.
We may adjust limits to preserve the quality of the Service for everyone; we will not significantly reduce the limits of a paid plan during a billing period without notice. Circumventing limits, for example by creating multiple accounts or guest accounts, is prohibited.
7 Subscriptions, billing and taxes
Paid plans are monthly or annual subscriptions. Once online payment is open, the following rules apply:
- Prices are in Canadian dollars (CAD), plus applicable taxes. Applicable taxes (for example GST and QST) depend on where you live and are shown before payment.
- The subscription is payable in advance and renews automatically at the end of each period (month or year, as you choose), at the then-current price, until it is cancelled. Annual billing comes with a discount compared with monthly billing.
- Payment is processed by a specialized payment provider; we do not store your full card number.
- If a payment fails, we may retry it, then move your account to the Free plan; your conversations are kept.
- We will notify you of any price increase at least 30 days before it takes effect; you may then cancel at no cost before that date.
A subscription purchased through your device’s app store (for example on iPhone or Android) is billed and managed by that store under its own terms; it gives access to the same benefits on every platform. To cancel it or request a refund, contact that store.
A plan for organizations may be governed by a separate contract, which prevails over the Terms in case of conflict.
8 Cancellation and refunds
You can cancel your subscription at any time. Cancellation takes effect at the end of the period already paid for: you keep your plan’s benefits until then, after which your account moves to the Free plan.
Unless the law requires otherwise or we made an error, amounts paid for a period that has started are not refunded on a pro rata basis. If we end the Service or your paid plan without any breach on your part, we will refund the unused portion of the current period.
If you are a consumer, including in Quebec, you benefit from the rights granted to you by applicable law, including Quebec’s Consumer Protection Act; nothing in the Terms limits them.
9 Your content
“Content” means what you send to the Service (messages, text, files, instructions) and what the Service produces for you (answers and Creations).
- You keep ownership of the content you send. To the extent permitted by law, we assign to you any rights we may have in the answers and Creations produced for you.
- You grant us a non-exclusive, worldwide, royalty-free license to host, reproduce and process your Content solely to provide and secure the Service, prevent abuse and comply with the law, for as long as necessary for those purposes.
- We do not use your conversations to train AI models.
- You represent that you hold the necessary rights to the content you send, and that its processing by the Service does not violate the law or the rights of others.
Because of the nature of AI, an answer may be similar, or even identical, to one received by another person; such answers are not exclusively yours.
10 Creations
Creations (websites, apps, pages) run in an isolated frame, separate from your account. You can view and copy their code.
Before publishing or using a Creation, check that it works, and review its security, accessibility and compliance with applicable laws (consumer protection, privacy, intellectual property, etc.). You are responsible for the Creations you publish or make available to others.
A Creation must not be used to collect credentials, deceive people or breach the Acceptable Use Policy.
11 Accuracy of answers
Nella can make mistakes. An answer may be inaccurate, incomplete, out of date or unsuited to your situation, even when it sounds confident.
- Check important information against reliable sources before relying on it.
- Answers do not replace the advice of a qualified professional, in particular on medical, legal, financial or tax matters.
- Do not make a decision with a significant effect on a person (health, employment, credit, housing, legal status) based solely on an answer.
In an emergency, contact your local emergency services.
12 Acceptable use
You agree to follow the Acceptable Use Policy. In particular, you must not:
- use the Service for illegal, fraudulent, hateful or harmful purposes;
- attempt to circumvent security measures, usage limits or plan restrictions;
- access the Service through unauthorized automated means, extract data or answers in bulk, or resell access to the Service;
- decompile or disassemble the Service, or use its answers to develop a competing model;
- infringe the rights of others, in particular privacy or intellectual property rights.
13 Nella’s intellectual property
The Service, its software, design and text, as well as the Nella name and logo, are protected by intellectual property laws. The Terms grant you a personal, non-exclusive and non-transferable right to use the Service; they do not transfer any other right to you.
If you send us feedback or suggestions, we may use them freely, without any obligation to you.
14 Third-party services
The Service may rely on or link to third-party services: sign-in with Google, Apple or GitHub, app stores, payment providers, public resources loaded by a Creation. Their use is governed by their own terms, and we are not responsible for those services.
15 Suspension and termination
We may suspend or close your account, or restrict your access, if you seriously or repeatedly breach the Terms or the Acceptable Use Policy, if the law requires it, or to protect the Service, other users or third parties.
Except in an emergency, where there is a security risk or where the law provides otherwise, we will tell you and give the reason, and you may reply to us at [email protected].
You may stop using the Service and delete your account at any time. Provisions that by their nature should survive (ownership, limitation of liability, governing law) remain in effect after the contract ends.
16 Warranties
We provide the Service with care, but it is offered “as is” and “as available”. To the extent permitted by law, we give no additional warranty, express or implied, in particular as to the accuracy of answers, uninterrupted operation or fitness for a particular purpose.
This section does not limit the legal warranties to which you are entitled, in particular under the Civil Code of Québec and Quebec’s Consumer Protection Act.
17 Limitation of liability
To the extent permitted by law, we are not liable for indirect damages, such as loss of profits, data or business opportunities, arising from the use of or inability to use the Service.
To the same extent, our total liability to you is limited to the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim.
These limits do not apply to intentional or gross fault, to bodily or moral injury, or where the law prohibits them. In Quebec, a merchant may not exclude or limit its liability to a consumer for its own act or that of its representatives: these limits then do not apply.
18 Governing law and disputes
The Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Subject to the next paragraph, the courts of Quebec have jurisdiction.
If you are a consumer, you keep the protection of the mandatory rules of the law of your place of residence and may bring proceedings before the courts of that place. No clause of the Terms requires you to go to arbitration or prevents you from taking part in a class action.
Before any proceedings, write to us at [email protected]: we will first try to settle the dispute amicably.
19 Changes to the Terms
We may change the Terms, in particular to reflect changes to the Service or the law. The current version and its date appear at the top of this page.
For a significant change, we will notify you by email or in the app at least 30 days before it takes effect, stating the new clause and its effective date. If you refuse it, you may close your account or cancel your subscription at no cost before that date. If you keep using the Service after that date, the new version applies.
20 General provisions
- The Terms, the Acceptable Use Policy and, where applicable, a separate contract for organizations form the entire agreement between you and us regarding the Service.
- If a provision is held invalid, the others remain in effect.
- Failing to exercise a right does not mean waiving it.
- You may not assign the Terms without our consent. We may assign them as part of a reorganization or sale of the business, after informing you; your rights then remain the same.
- The Terms are written in French. Translations are provided for your convenience; in case of discrepancy, the French version prevails unless the law provides otherwise.
21 Contact us
For any question about the Terms, write to us at [email protected].