Terms of Service for Essential Search

Welcome to Essential Search! These Terms and Conditions for Essential Search ("Terms") govern the relationship between you and Nothing Technology Limited, a company registered in England and Wales under company number: 12984564, with our registered office at 21a John Street, Bedford House, London, United Kingdom, WC1N 2BF ("Nothing", "we", "us", or "our") in relation to our app and widget called Essential Search ("Essential Search" or "Services"). “You” or “Your” means the individual downloading and using Essential Search.

About Essential Search
Essential Search is a text-based AI search feature available through the system drawer on Nothing devices. You can type a query or prompt into Essential Search, which is then processed by a third-party generative AI provider (currently Google Gemini) to provide AI-generated answers, suggestions or summaries.

To generate results, your input prompt, along with limited device context such as language settings, time zone, and location (if enabled), may be transmitted to the AI provider.

1. Use of the Services
1.1 If you use Essential Search, you agree to be legally bound by these Terms. If you do not agree with any of the Terms, please do not use Essential Search.

1.2 You agree to:
Use the Services solely for personal purposes and not for any commercial activities.
Not use the Services for any illegal, unethical or harmful activities, including but not limited to: spamming, distributing malware, infringing upon the rights of others or violating any applicable law.
Not modify, reverse-engineer, or tamper with Essential Search in any way.
Provide accurate and lawful inputs when using Essential Search, ensuring your use is not harmful.
Respect fair use boundaries for AI features. Excessive or abnormal use may result in temporary feature limits or suspension of access.

2. The Services
A legally binding contract between you and us is made when you use Essential Search.

3. User Content and Fair Use
3.1 You are responsible for the content you upload and ensuring that it complies with applicable laws and regulations.

3.2 The basic services are available by default when you use Essential Search. Essential Search includes features powered by AI. The AI features, such as search, summarisation and analysis, are currently in an early access phase. These features may be subject to usage limits, geographic restrictions, or performance-based constraints. We may monitor and adjust access to AI features as we test and improve the service. We reserve the right to impose reasonable limitations on access to AI features to ensure system stability and a consistent experience for all users. If your usage exceeds fair or expected levels, we may temporarily restrict or suspend your access to certain features. We may also modify such limits from time to time without prior notice.

4. Privacy Protection
We will protect your personal information in accordance with applicable privacy laws and our Privacy Policy.

5. Limitation of Liability
5.1 Essential Search is provided "as is" without any warranties of any kind, either express or implied. By using the AI features, you acknowledge and agree that the availability and performance of such features may be subject to limits, which may vary depending on your usage patterns, system availability, or other factors. We do not guarantee uninterrupted or error-free access to these AI features. We are not liable for any loss or damage resulting from the use of the Service, including but not limited to: (i) losses that were not expected or foreseeable to you and us when this contract was formed (ii) losses that were not caused by any breach on our part (iii) business losses or losses to non-consumers (iv) avoidable losses such as damage to your Nothing device or failing to update or follow installation instructions (v) service interruptions, (vi) issues arising from third-party content or (vii) losses caused by an event outside our control.

5.2 Essential Search generates search results based on user-provided inputs. You acknowledge and agree that Essential Search is not responsible for the accuracy, reliability or completeness of the content produced. The content generated by Essential Search is provided for reference and personal use only. The content is provided “as-is” and Nothing makes no warranty, express, implied, including but not limited to warranties of fitness for a particular purpose, merchantability or non-infringement. You use Essential Search at your own risk. You are solely responsible for reviewing and assessing the Essential Search content before relying on it or using it in any context. Any use of Essential Search shall be in accordance with these Terms and the information and content shall not be used for any illegal or immoral purposes or in violation of any third-party rights.

6. Changes to the Service and Terms
6.1 We can suspend the supply of Essential Search at any time to deal a technical problem or make minor technical changes, address a security threat, update Essential Search to reflect any changes in laws or regulations and make changes to Essential Search.
If we make changes that significantly affect your use of the Services, we will notify you.

6.2 We may modify or update these Terms at any time.

7. Termination
7.1 We reserve the right to suspend or terminate your access to the Services with or without notice and at any point, if we determine that you have breached these Terms or if we discontinue providing the Services.

7.2 You have the right to stop using Essential Search at any time and you can delete the Essential Search app or widget from your Nothing device.

8. Intellectual Property
8.1 All intellectual property rights in the Services, including but not limited to the software, design, logos, trade marks, and content (excluding user-generated input), are owned by Nothing.

8.2 You retain ownership of any content or data you submit to Essential Search, but you grant Essential Search and Nothing a non-exclusive, royalty-free, worldwide license to use, process, and store your data and content solely to provide the Services.

8.3 You may not copy, modify, distribute, reverse-engineer, or create derivative works based on Essential Search without our prior written consent.

9. Other Terms
9.1 These Terms constitute the entire agreement between you and us regarding Services and supersede any prior oral or written agreements.

9.2 If any provision of these additional Terms is deemed invalid or unenforceable, that provision shall be deemed divisible and shall not affect the validity and enforceability of the remaining provisions.

9.3 The Services and other Nothing technology may be subject to export control laws and regulations. You acknowledge and agree that you shall not export or re-export any content in contravention of such laws and regulations. You represent and warrant that you are not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union.

9.4 No provision of these Terms may be waived except by a writing executed by the party against whom the waiver is to be effective.

9.5 Nothing's failure to enforce any provision of these Terms shall neither be construed as a waiver of the provision nor prevent Nothing from enforcing any other provision of these Terms.

9.6 We will do our best to resolve any problems or complaints you have with us or the Services. If you have any issues please contact: privacy@nothing.tech.

9.7 None of these Terms shall confer or purport to confer on a third party any benefit or any right to enforce any Terms.

9.8 These Terms shall be governed by English Law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.