1. Acceptance of Terms
By accessing or using NestKit's services, website, or welcome packages, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.
2. About NestKit
NestKit provides premium welcome packages to new apartment residents through partnerships with property management companies. Our services include:
- Curated welcome packages delivered to apartment properties
- Local business advertising opportunities within welcome packages
- Digital marketing services and QR code tracking
- Revenue sharing programs with property partners
3. User Categories and Responsibilities
3.1 Apartment Properties/Property Managers
- Partnership Requirements: Must be a Class A apartment property with minimum annual move-ins as specified in individual agreements
- Delivery Obligations: Agree to distribute welcome packages to new residents within 48 hours of move-in
- Revenue Sharing: Eligible for revenue sharing once 3+ properties are onboarded in your market
- Quality Standards: Maintain professional standards in package distribution
3.2 Advertising Partners/Local Businesses
- Content Standards: All promotional materials must comply with applicable laws and our content guidelines
- Payment Terms: Payment due within 30 days of package delivery completion
- Exclusivity: Certain premium placements may include market exclusivity clauses
- Performance Metrics: Access to delivery confirmation and engagement analytics
3.3 Residents
- Voluntary Participation: Engagement with offers and QR codes is entirely voluntary
- Data Usage: By scanning QR codes or engaging with digital offers, you consent to data collection as outlined in our Privacy Policy
- Third-Party Offers: NestKit is not responsible for third-party business offers or services
4. Service Packages and Pricing
4.1 Advertising Packages
- Starter Package: 1-2 properties, 300-600 kits, $2.50 per kit
- Growth Package: 3-9 properties, 900-2,700 kits, $2.25 per kit (10% discount)
- Premium Package: 10+ properties, 3,000+ kits, $2.00 per kit (20% discount)
4.2 Premium Add-Ons
- Sponsored Front Cover: $20 per kit (limited to one advertiser)
- Backside Opening Strip: $10 per kit (limited to one advertiser)
4.3 Payment Terms
- Invoices issued upon package delivery completion
- Payment due within 30 days of invoice date
- Late payments subject to 1.5% monthly service charge
- All prices exclude applicable taxes
5. Content and Intellectual Property
5.1 User Content
You retain ownership of content you provide but grant NestKit a non-exclusive license to use, modify, and distribute such content in connection with our services.
5.2 NestKit Content
All NestKit branding, website content, package designs, and proprietary methodologies remain our exclusive intellectual property.
5.3 Third-Party Content
Advertisers are solely responsible for ensuring their content doesn't infringe on third-party rights.
6. Data Collection and Analytics
6.1 Performance Tracking
We provide advertisers with:
- Package delivery confirmation
- QR code scan rates
- Email capture metrics
- Geographic and demographic insights
6.2 Data Accuracy
While we strive for accuracy, we cannot guarantee 100% precision in all metrics and analytics.
7. Prohibited Uses
You may not use NestKit services to:
- Promote illegal activities or products
- Distribute false, misleading, or deceptive content
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Distribute harmful, offensive, or inappropriate content
- Attempt to circumvent our tracking or payment systems
8. Service Availability and Modifications
8.1 Service Changes
NestKit reserves the right to modify, suspend, or discontinue services with reasonable notice to users.
8.2 Geographic Limitations
Services are currently available in select markets. Expansion subject to business requirements and market conditions.
9. Disclaimers and Limitation of Liability
9.1 Service Disclaimer
NestKit provides services "as is" without warranties of any kind. We do not guarantee specific response rates, conversion rates, or business outcomes.
9.2 Limitation of Liability
NestKit's liability is limited to the amount paid for services in the 12 months preceding any claim. We are not liable for indirect, incidental, or consequential damages.
9.3 Third-Party Services
NestKit is not responsible for the quality, safety, or legality of third-party advertiser offerings.
10. Indemnification
Users agree to indemnify and hold NestKit harmless from claims arising from:
- Your use of our services
- Your content or promotional materials
- Violation of these Terms
- Infringement of third-party rights
11. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy, which governs the collection and use of your information.
12. Termination
12.1 Termination by Either Party
Either party may terminate service agreements with 30 days written notice.
12.2 Immediate Termination
NestKit may immediately terminate services for:
- Violation of these Terms
- Non-payment after 60 days
- Illegal or harmful activities
- Breach of partnership agreements
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of [State], without regard to conflict of law principles.
13.2 Arbitration
Disputes will be resolved through binding arbitration in [City, State] under the rules of the American Arbitration Association.
13.3 Class Action Waiver
You agree not to participate in class action lawsuits against NestKit.
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between you and NestKit regarding our services.
14.2 Severability
If any provision is found invalid, the remaining provisions remain in full effect.
14.3 Assignment
NestKit may assign these Terms; users may not assign their obligations without written consent.
14.4 Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control.
15. Contact Information
For questions about these Terms, contact us at:
NestKit
Email: nestkitboxes@gmail.com
Phone: 925-984-4289
These Terms and Conditions are effective as of [Date] and supersede all previous versions.