Terms & Conditions

Last updated: 22nd August 2026

Introduction

The Nestaviz software application and the Nestaviz trademark are owned by Mr Stephen Wheeler and licensed to LBM Technologies Limited (together, the "Rights Holders"). Please read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using the https://nestaviz.com website (the "Service") operated by LBM Technologies Limited ("Us", "We", or "Our"), whose registered office is at 6c The Strand, Brixham, Devon, TQ5 8EH. Registered in England and Wales under company number 8997898. Data Protection Registration No. ZA321437 (Information Commissioner’s Office).

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Trademarks

This website, and the information which it contains, is the property of the Rights Holders, save for third-party material identified below, and is protected from unauthorised copying and dissemination by United Kingdom copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Nestaviz" and the Nestaviz logo are trademarks of the Rights Holders under the applicable laws of the United Kingdom and/or other countries. Other Nestaviz product or service names or logos appearing on this Site are either trademarks or registered trademarks of the Rights Holders, as applicable. The absence of a product or service name or logo from this list does not constitute a waiver of any Nestaviz trademark or other intellectual property rights of either Rights Holder concerning that name or logo. All other trademarks, product names, service names and logos appearing on this Site or within the Nestaviz software, including those of third-party email marketing and delivery platforms, are the property of their respective owners. Such names are used for identification and descriptive purposes only, and do not imply any endorsement of, affiliation with, or sponsorship by their respective owners.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Unfair Contract Terms Act 1977.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiry date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to Us is true, correct and complete. You expressly agree that We are not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant Us the right to provide the information to third parties for the purpose of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or Service, error in your order or other reasons. You expressly agree that We cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on the Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly, bi-annual or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or We cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting Our customer support team.

A valid payment method, including debit/credit card, digital wallets or bank redirects, is required to process the payment for your Subscription. You shall provide Us with accurate and complete billing information including full name, address, county/state, postcode, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, We will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

We offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Us until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, We reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

In Our sole discretion and at any time, We may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

A partial refund may be offered on unused plans after the minimum 30-day period. Refunds will be processed within five working days. Email template designs and any other design work are one-off purchases and cannot be refunded once purchased. Any paid Subscription fees are non-refundable.

Accounts

When you create an account with Us, you must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a third-party service.

You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You are responsible for maintaining your own copies of any templates, designs, content or other material you create or store using the Service. While We take reasonable steps to safeguard data held on the Service, We recommend that you retain independent backups of anything you would not wish to lose, and, subject to the clause titled "Limitation Of Liability", We do not accept responsibility for the loss of material of which you have not kept a copy.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that We cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of the Rights Holders and their licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. The Nestaviz trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Rights Holders.

You agree not to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service and/or Documents (as applicable) in any form or media or by any means.
You agree not to attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service.
You agree not to access all or any part of the services in order to build a product or service which competes with the Service.
You agree not to grant any sublicences to any other party to use the Service.
You agree not to attempt to obtain, or assist third parties in obtaining, access to the Service.
You agree not to access, store, distribute or transmit Viruses or any harmful or illegal material during the course of your use of the Service.
You agree not to introduce, or permit the introduction of, any Virus or Vulnerability into the Service network and information systems.

Links To Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Image Copyrights

Our images have either been created purposely by Nestaviz® or have been purchased from their respective image suppliers: iStockphoto, Shutterstock, Pngtree or Fotolia. Any free images have been supplied by Freepik.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

This clause applies only if you are using the Service wholly or mainly in the course of a business, trade, craft or profession (a "Business User"). It does not apply if you are using the Service as a consumer.

If you are a Business User, you agree to indemnify Us and Our licensee and licensors, and their employees, contractors, agents, officers and directors, against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal costs), resulting from or arising out of: a) your use of and access to the Service, by you or any person using your account and password, or b) a breach of these Terms.

If you are a consumer, you remain responsible for any loss or damage We suffer as a result of your breach of these Terms, but only where that loss or damage was a foreseeable consequence of the breach at the time you accepted these Terms.

For the avoidance of doubt, the limit of liability under the clause titled "Limitation Of Liability" below shall apply to claims under this Indemnification.

Limitation Of Liability

Notwithstanding any other provision of these Terms, nothing in these Terms excludes or limits Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Nothing in these Terms affects your statutory rights as a consumer.

Subject to the paragraph above, in no event shall We, nor Our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special or consequential loss or damage, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not We have been informed of the possibility of such loss or damage.

Subject to the first paragraph of this clause, Our total aggregate liability to you arising out of or in connection with these Terms and your use of the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by you to Us in respect of the Billing Cycle during which the event giving rise to the claim occurred. Where you have paid in advance for a Billing Cycle longer than one month, that limit shall not in any event exceed the fees paid for a period of twelve (12) months. If you are a consumer, this monetary limit does not apply to loss or damage that was a foreseeable consequence of Our breach of these Terms.

This clause sets a maximum limit on Our liability. It does not entitle you to payment of that amount, and you remain required to prove any loss you claim.

If you are a Business User, any claim arising out of or in connection with these Terms or your use of the Service must be brought within twelve (12) months of the date on which you became aware, or ought reasonably to have become aware, of the circumstances giving rise to that claim.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, and without affecting your statutory rights as a consumer, the Service is provided without warranties, conditions or other terms of any kind, whether express or implied, including any implied terms as to satisfactory quality, fitness for a particular purpose or non-infringement. We, Our subsidiaries, affiliates and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing, and subject always to the first paragraph of the clause titled "Limitation Of Liability" above, under no circumstances will We ever be liable to you or any other person for any indirect, incidental, consequential or special loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, by Us or any person for whom We are responsible, and even if We have been advised of the possibility of such loss or damage being incurred.

Events Outside Our Control

We shall not be liable for any failure or delay in performing Our obligations under these Terms where that failure or delay results from any cause beyond Our reasonable control. This includes, without limitation, failure of the internet or of any public telecommunications network; hacking, denial of service or other malicious attack; failure, interruption or withdrawal of the services of Our hosting, database, content delivery, email or payment providers; power failure; industrial action; epidemic or pandemic; fire, flood or storm; and any act or omission of government or regulatory authority.

Where such an event prevents Us from providing the Service for a continuous period of more than thirty (30) days, either you or We may terminate the affected Subscription on written notice, and We will refund any fees you have paid in advance for the period during which the Service was unavailable.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, and you and We agree to submit to the jurisdiction of the courts of England and Wales. If you are a consumer resident outside England and Wales, you retain the benefit of any mandatory protections available to you under the law of your country of residence. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Us regarding the Service, and supersede and replace any prior agreements We might have between us regarding the Service.

Third Party Rights

Except as set out in this clause, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. Our directors, officers, employees, contractors, agents, licensors and licensees (including Mr Stephen Wheeler in his capacity as licensor of the Nestaviz software application and trademark) may enforce the clauses titled "Indemnification", "Limitation Of Liability", "Disclaimer", "Exclusions" and "Events Outside Our Control" as if they were a party to these Terms.

The consent of any such person is not required in order to vary, rescind or terminate these Terms.

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the Service after those 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.

Please refer to Our Privacy Policy. You agree that it constitutes part of these terms. You must read this policy before you use the Service.

Support

All customers have access to the Support Ticketing system 24/7 via the app in order to report issues. We aim to respond to tickets within 8 standard working hours (Mon to Fri 09:00 to 17:30), although this is a target rather than a guaranteed response time.

Copyright

Copyright ©2025 to 2026 nestaviz.com. All rights reserved. Except as permitted under a separate written agreement with Us, neither the Nestaviz software, the Service, nor any content that appears on any of Our sites, including but not limited to, web pages, newsletters, or templates may be reproduced, republished, re-purposed, or distributed without the prior written permission of the Rights Holders.

Contact Us

If you have any questions about these Terms, please contact us:

By email: