Our terms of service
By using the getniko.com website (“Website”), a service of Niko Technologies, Inc. ("Niko"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any user who has a login for a valid account (“Account Holder”) is subject to additional terms and conditions (“Additional Terms”). If you are an Account Holder, please also read the section titled Additional Terms and Conditions for Account Holders.
Niko reserves the right to update and change the Terms of Service from time to time without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Any new features that augment or enhance the current Website, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Website after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.getniko.com/terms
Violation of any of the terms below will result in your access to the Website being terminated. While Niko prohibits such conduct and content on the Website, you understand and agree that Niko cannot be responsible for the content posted on the Website and you nonetheless may be exposed to such materials. You agree to use the Website at your own risk.
To the extent that Niko launches any mobile applications, each reference to Website herein shall be deemed to include use of such mobile application(s).
Copyright and Ownership
- All content you post on the Website must comply with U.S. copyright law.
- We claim no intellectual property rights over the materials you or your employer provide to the Website.
- Niko does not pre-screen content, but Niko and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website.
- Niko, Niko’s logo and all related names, logos, product and service names, designs and slogans will be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- You agree that Niko may identify you as a recipient of services and use your logo in sales presentations, marketing materials, and press releases, and a brief customer profile on getniko.com for promotional services unless you request otherwise.
- As between Niko and you, Niko or its licensors own and reserve all right, title and interest in and to the hardware, software and other items used to provide the services at or through the website, other than the rights explicitly granted to you to use the services in accordance with these Terms. No title to or ownership of any proprietary rights related to any such software or services is transferred to you pursuant to these Terms of Service. In the event that you provide comments, suggestions and recommendations to Niko with respect to the Website or services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Website or services) (collectively, "Feedback"), you hereby grant to Niko a world-wide, royalty free, irrevocable, transferable, perpetual license to use and otherwise incorporate any Feedback in connection with the Website and any such services.
- If you believe that any user posted content on our Website that violates your copyright, please email email@example.com. It is the policy of Niko to terminate the user accounts of repeat infringers.
The owner of the Website is based in the state of California in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
- All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Berkeley and Alameda County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- You must be 13 years or older to use this Website.
- You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Niko uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission by Niko.
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- You understand that the technical processing and transmission of the Website, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Niko does not warrant that (i) the Website will be uninterrupted, timely, secure, or error-free, (ii) any errors in the Website will be corrected, and (iii) any information presented on the Website, either posted by Niko, other users, or third-parties, is accurate, complete or useful.
NIKO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE AND/OR ANY WARRANTIES REGARDING UPTIME.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so at your own risk and subject to the terms and conditions of use for such websites.
- You expressly understand and agree that Niko shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Niko has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or the services available at or through the Website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) or any other matter relating to the service. In addition, you agree and acknowledge that Niko is not responsible for any liabilities or damages that may arise out of any action taken by your company or any employee of your company, including without limitation in connection with initiatives you may elect to undertake on account of information learned about your employees through the Website.
- The failure of Niko to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Niko and govern your use of the Website, superseding any prior agreements between you and Niko (including, but not limited to, any prior versions of the Terms of Service).
- You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the services provided by Niko. While it is Niko's objective to make the Website and services accessible at all times, the Website and services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website and/or services may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Niko, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Niko shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT Niko SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.
- To the extent permitted by law, you will defend Niko against any cost, loss, damage, or other liability arising from any third party demand or claim arising out of your breach of these Terms of Service or arising out of any third party demand or claim that any content provided by you, or your use of the Website or services violates applicable law or these Terms of Service. Niko will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
ADDITIONAL TERMS AND CONDITIONS FOR ACCOUNT HOLDERS
To use the services and access the software platform available through the Website as an Account Holder, you will be required to obtain an account with Niko by completing a registration form and obtaining a user ID and password or logging in with Google OAuth. Until you apply for and are approved for an account your access to the Website and service will be limited to the areas of the service that Niko makes available to the general public. When registering with Niko you must: (a) provide true, accurate, current and complete information about yourself as requested within the registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will also be required to provide accurate information regarding your company’s employees that will be entitled to access the software platform available through the Website.
If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content submitted through or processed within your account ("Content"). If you are an individual registered user of the service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establish a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Niko and such organization and controlled by such organization.
If you are an Account Holder, you agree to be bound by these Additional Terms.
- You must be a human either acting on behalf of your company or using the Website via access provided by your company. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
- You are responsible for maintaining the security of your account and password. Niko cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- You represent and warrant that you have the authority to accept these Terms of Service on behalf of your company.
- You give Niko the right to display the name and logo of your company on our website.
- The fees payable in connection with use of the Website and services shall be separately set forth by Niko within the Website from time to time.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Accepted forms of payment include credit card, check, PayPal, or wire transfer.
- Fees are currently charged as a one-time, per-employee fee; provided that Niko may modify the fee structure at its discretion from time to time.
You must be authorized to use any credit card that you provide to Niko. You authorize us to charge you for the services using your credit card and for any paid feature of the services that you choose to sign up for. We may bill: (a) in advance; (b) at the time of purchase; or (c) shortly after purchase. To the extent new employees are added to your service, you authorize us to charge your credit card the fees due and owing in connection with each such employee at the time of sign-up for each such employee. You must keep all information in your billing account current. You may, by providing written notice to Niko, change your payment method at any time.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your services if you fail to pay in full on time.
Cancellation, Termination, and Refunds
- You may cancel the service at any time.
- All of your content will be immediately deleted from the Website upon cancellation. This information cannot be recovered once your account is cancelled.
- Niko, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website, or any other Niko service, for any reason at any time. Such termination of the Website will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Niko reserves the right to refuse service to anyone for any reason at any time. For purposes of clarity, and not in limitation of the foregoing, Niko may suspend or terminate your account and/or access to the Website and any Niko software in the event you fail to timely pay any amount due and owing to Niko.
- Niko may elect to offer an initial trial period at no charge to you or your company, subject to certain limitations separately described within the Website or otherwise in writing by Niko from time to time. Upon conclusion of any such trial period, your company will be provided with a period of time in which to subscribe to the software platform available at the Website and pay the applicable fees. In the event you fail to pay such amount, your and your employees’ access to software platform available through the Website will be terminated.
Modifications to the Website and Prices
- Niko reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
- Prices of all services, including but not limited to per-employee fees to the Website, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Website. Employees already paid for will not be subject to price changes.
- Niko shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the services.
- Niko does not warrant that (i) the Website will meet your specific requirements, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- You expressly understand and agree that Niko shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Niko has been advised of the possibility of such damages), resulting from the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
- If you are a resident of the state of New Jersey or otherwise subject to the laws of the state of New Jersey, any limitation of liability, mandatory jurisdiction to resolve disputes, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under any such law or regulation shall not apply to you. For all other individuals, any limitation of liability, mandatory jurisdiction to resolve disputes, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under your state laws or regulations shall not apply to you.