Terms of Use

NimbleArk is a communication assessment service operated by ECHO ONE ZERO LTD, a company registered in England and Wales under company number 17469799.

Contact: thenimbleark@gmail.com

These Terms govern your use of the NimbleArk website, application and associated services.

By creating an account, submitting an assessment or otherwise using NimbleArk after these Terms have been made available to you, you agree to them. If you use NimbleArk on behalf of an organisation, you confirm that you are authorised to do so.

Separate terms may apply to testing programmes, organisational access, paid plans or other specific arrangements. Those terms operate alongside these Terms. If there is a conflict, confidentiality and misuse of Confidential Information are governed by the applicable confidentiality or NDA terms; personal data processing and retention are governed by the Privacy Policy and any applicable testing privacy notice; permissions relating specifically to submitted content during testing are governed by the Testing Terms; and intellectual property and liability are governed by these Terms unless the applicable separate terms expressly provide a more specific rule for that arrangement.

The Privacy Policy explains how personal information is processed. The Cookie Policy explains the browser storage and similar technologies used by the service.

NimbleArk's primary purpose is to assess whether communication is doing the job it is intended to do. It considers matters such as whether the communication addresses the matter at hand, preserves or responds to the relevant intent, gives an accountable basis where one is required, and makes the next step sufficiently clear.

NimbleArk assesses written communication using a controlled communication judgement and assessment methodology. The Ryan Cadence Reference governs how the communication, its purpose, context, materiality, applicability and sufficiency are interpreted. The Communication Accountability Assessment (CAA) provides the assessment criteria, scoring, gates and material-blocker controls applied to that judgement. Artificial intelligence is used to execute that process; it does not independently set the assessment standard.

In Sending mode, the user identifies what they are trying to make happen and the communication is assessed against that declared intent.

In Received mode, the user identifies what concerns them about the incoming communication. That concern defines what the assessment examines, but it is not treated as evidence, scored or assumed to be correct. The received communication remains the subject of the assessment.

NimbleArk is an assessment service, not a general writing service. A specific feature may help you act on an assessment, but the core service does not replace your own authorship, judgement or responsibility for the communication you send or rely on.

You remain responsible for deciding what to do with the findings. NimbleArk does not make that decision for you.

NimbleArk has two assessment modes: Sending and Received. Both use the same underlying communication assessment framework, but they assess different things and present their findings differently.

Sending

Sending assesses whether communication you intend to send does the job you are trying to make happen.

The primary result answers: Does this do the job? The answer is Yes or No.

A numerical score out of 100 is displayed as secondary assessment context. It shows how the communication performs across the assessment criteria, but it does not determine the Yes/No result by itself. A communication can therefore score above the assessment threshold and still return No where a required Sending condition is not met or a material issue remains unresolved.

The score is not a percentage probability that the communication will succeed, a grade of the person who wrote it, or a prediction of how it will be received.

Received

Received assesses incoming communication in relation to the concern you have identified about it.

Your concern defines what the assessment examines, but it is not treated as evidence, scored or assumed to be correct. The communication you received remains the thing being assessed.

Received does not display a Yes/No result or numerical score. Instead, the assessment shows what the communication says, what materially matters in relation to your concern, what you are being asked to do, what needs checking or clarifying and, where relevant, conditional communication options.

NimbleArk uses artificial intelligence as part of the technical process used to analyse submitted communication and apply the NimbleArk assessment framework.

AI processing does not replace the assessment standard or your own judgement. AI-assisted processing can produce errors, omissions, inconsistency or unexpected results, and repeated assessment of the same or similar material may not always produce identical wording, emphasis, findings or numerical scores.

You should consider each assessment against the original communication, the context you supplied and the purpose for which you are using it. NimbleArk does not guarantee that an assessment will be accurate, complete or suitable for every situation.

NimbleArk assesses communication. It does not provide legal, medical, financial, safeguarding, regulatory or other professional advice.

An assessment does not determine whether something is lawful, whether an allegation or position is factually correct, whether a legal or regulatory duty has been satisfied, whether a clinical or safeguarding decision is appropriate, what decision should be made, or what action an organisation or individual is legally required to take.

Where Received mode identifies conditional communication options, those options arise from the communication assessment. They are not instructions about what you should do and do not constitute legal, medical, financial, regulatory or other professional advice.

Where professional judgement or advice is required, you should obtain it from an appropriately qualified person.

If you use NimbleArk in a professional capacity or on behalf of a client, customer or organisation, you remain responsible for your own professional judgement, advice and review. A NimbleArk assessment does not replace that responsibility.

You are responsible for the information you provide to NimbleArk and must have the right or lawful authority to submit and process that material.

Do not give NimbleArk information it does not need. NimbleArk is designed so that communication can be assessed using roles and context rather than identifying individuals.

Submitting personal or sensitive information that NimbleArk does not need, or material that you do not have the right or lawful authority to provide, may be treated as a breach of these Terms and the acceptable use requirements in section 14.

Replace names and other identifiers with role descriptions such as parent, pupil, teacher, employee, manager, customer or organisation. Remove addresses, telephone numbers, email addresses, account or reference numbers, financial information, government identifiers, health information, biometric information and other personal or sensitive information.

Where communication concerns health, disability, safeguarding or another sensitive subject, anonymise the material before submitting it. You remain responsible for deciding whether you have an appropriate basis for submitting any information about another person.

When NimbleArk accepts an uploaded document, the original file is processed in the browser to extract the text required for assessment.

NimbleArk does not store the original uploaded document. The extracted text is separate from the original file and may be transmitted for assessment and, depending on your account and storage settings, stored as part of a saved assessment.

Deleting or not storing the original document therefore does not mean that text extracted from it has not been processed. See the Privacy Policy for further details.

You retain the rights you have in the communication, documents and other material you submit to NimbleArk.

You give NimbleArk and the service providers used to operate NimbleArk a limited, non-exclusive permission to host, copy, transmit, analyse and otherwise process that material only so far as reasonably necessary to provide the service you request, operate and secure the service, apply your storage choices, comply with law and deal with support or technical issues.

This permission does not transfer ownership of your submitted content to NimbleArk. How submitted content and personal information are handled is explained further in the Privacy Policy.

You are responsible for maintaining the security of your account and for activity carried out through it.

Authentication is provided using third-party authentication infrastructure. Depending on the account type and security settings, email verification or two-step verification may be required.

You must not deliberately allow another person to use your account in a way that circumvents account limits, access controls, plan restrictions or security requirements. If you believe your account has been compromised, contact NimbleArk promptly.

NimbleArk may provide different levels of access, including guest access, registered free access, paid plans and organisational access.

The functionality, usage limits and features associated with a particular plan will be shown through the service or relevant offer. Where a paid plan is offered, the price, billing period, renewal or cancellation conditions and other material subscription terms will be shown before purchase.

Nothing in these Terms removes or limits statutory rights that cannot lawfully be excluded, including applicable consumer rights.

Assessment results depend on the communication submitted, the context provided, the direction or mode selected, the intended outcome or purpose, the applicable NimbleArk assessment standard and the operation of third-party technical services.

Different wording, context or information can produce different findings. Where you create a revision, that revision is assessed afresh rather than inheriting the previous result and may therefore produce a different verdict, score or explanation.

Because AI-assisted processing is not fully deterministic, repeated assessment of the same or similar material may also produce some variation in numerical score, wording, emphasis or findings. Changes to the service or model environment may create further variation. A result should not be interpreted as a guarantee of how another individual, organisation, regulator, ombudsman, court or decision-maker would assess the communication.

You may use and share assessment results generated for you for your own personal, professional or organisational purposes, subject to these Terms and any separate terms that apply to your access.

NimbleArk grants you a non-exclusive right to use the assessment result generated for you. That right does not transfer ownership of NimbleArk's underlying methodology, assessment architecture, standards, software, branding, prompts, calibration logic or proprietary materials.

You must not present a NimbleArk assessment as legal, regulatory, clinical or other professional certification, or as a guarantee that a third party will reach the same conclusion.

NimbleArk's proprietary materials include the Ryan Cadence Reference, Communication Accountability Assessment (CAA), Human Lens framework, controlled assessment architecture, assessment and scoring methodology, calibration logic, software implementation, interface expression, product copy, documentation, branding and other original materials. Those materials belong to ECHO ONE ZERO LTD or their respective licensors as applicable.

The documented and version-controlled Ryan Cadence Reference, Communication Accountability Assessment and associated assessment documentation define the methodology, criteria, scoring structure, decision controls and other protected assessment elements referred to in these Terms.

Third-party software, models, platforms, libraries, components and other materials remain subject to the rights and licences of their respective owners.

Except for the rights expressly granted to use the service and your assessment results, no intellectual property rights in NimbleArk's underlying system are transferred to you.

You must not use NimbleArk unlawfully, interfere with its operation or security, attempt to gain unauthorised access to another user's information, deliberately circumvent usage or security restrictions, or submit material that you have no right to process.

You must not reverse engineer protected functionality or systematically probe, scrape, collect or reproduce NimbleArk outputs, prompts, scoring behaviour or other non-public functionality for the purpose of extracting the proprietary methodology or building a materially substitutive assessment service.

These restrictions do not prevent you from using your own assessment results for your own personal, professional or organisational purposes in accordance with section 12. They also do not apply to activity that NimbleArk has expressly authorised in writing.

You must not use NimbleArk as the sole basis for a legal, medical, financial, safeguarding or similarly significant decision where appropriate professional or human review is required.

NimbleArk depends on third-party infrastructure and AI services to operate. Current service layers include Lovable Cloud and AI Gateway functionality, database and authentication infrastructure used through that environment, and third-party AI model processing.

The providers and technical components used by NimbleArk may change over time. The Privacy Policy explains the current data-processing position in more detail.

Third-party services may experience outages, errors, security incidents or changes outside NimbleArk's direct control. NimbleArk remains responsible for its own obligations to you to the extent required by applicable law.

We aim to keep NimbleArk available and functioning correctly, but uninterrupted or error-free availability is not guaranteed.

Maintenance, technical faults, third-party infrastructure failures, security requirements or circumstances outside our reasonable control may affect availability.

We may add, remove, suspend or change functionality where reasonably necessary to develop, secure or operate the service. Where a change materially affects a paid service already purchased, it will be handled in accordance with the applicable subscription terms and law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or rights and remedies that cannot legally be excluded.

NimbleArk remains responsible for providing the service with the level of care required by applicable law.

Subject to those obligations, NimbleArk is not responsible for loss arising solely because you supplied inaccurate, incomplete or misleading information, relied on an assessment as professional advice when it was not provided as such, relied on an assessment without reviewing the original communication, the context supplied and the assessment findings yourself, another person or organisation disagreed with an assessment, or a failure was caused exclusively by circumstances outside NimbleArk's reasonable control.

Where your particular use of NimbleArk is wholly or mainly for purposes outside your trade, business, craft or profession, these Terms do not exclude responsibility for foreseeable loss caused by a breach of these Terms or a failure to use reasonable care and skill. NimbleArk is not responsible for business losses arising from that use.

Where your particular use of NimbleArk is wholly or mainly for the purposes of your trade, business, craft or profession, NimbleArk will not be responsible for indirect or consequential business losses, loss of profit, loss of opportunity or loss of anticipated savings to the extent that exclusion is permitted by law.

We may restrict or suspend access where reasonably necessary because of unlawful use, security risks, deliberate misuse, non-payment of applicable charges or a material breach of these Terms. Where reasonably possible, we will act proportionately to the issue involved.

You may stop using NimbleArk at any time. Registered users may request account deletion by contacting thenimbleark@gmail.com. The Privacy Policy explains what deletion means for saved data and provider backups.

Where paid access applies, termination, cancellation and any refund rights will also be governed by the terms shown for that purchase and applicable law.

We may update these Terms where the service, law, business structure or relevant third-party arrangements change.

The current version and revision date will be made available through NimbleArk. Where a material change affects existing users, we will provide notice or obtain renewed acceptance where required by law or by the nature of the change.

These Terms are governed by the laws of England and Wales.

If you are a consumer, nothing in this clause removes any mandatory rights you have under the law applicable where you live, and you may have the right to bring proceedings in the courts of the part of the United Kingdom or other jurisdiction in which you live.

If you use NimbleArk wholly or mainly for business purposes, the courts of England and Wales will have exclusive jurisdiction over disputes arising from these Terms, subject to any separate written agreement that applies to your organisation.

Questions about these Terms can be sent to:

thenimbleark@gmail.com