These Terms & Conditions govern your access to and use of nikoways application ("Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By accessing and using the Services, you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not allowed to use the Services. Wherever used in these Terms & Conditions, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.
We make every effort to provide accurate and timely information; however, there may be inadvertent technical factual inaccuracies, omissions, and typographical errors, for which we apologize. Our Website, Software, and associated content are delivered on an "as-is" and "as-available" basis. nikoways cannot ensure that files you download from our Website or using our Software will be free of viruses or contamination or destructive features. nikoways reserves the right to make changes and corrections at any time, without notice. You are responsible for regularly reviewing the most current version of the Terms & Conditions.
1. You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. nikoways will not be held responsible for your use of the Services or for any such Content.
2. To access or use the Services, you must be able to form a binding contract with nikoways and you must not be prohibited from receiving the Services under the US law or any other applicable laws.
3. nikoways may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
4. You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers"). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
5. Your access to and use of the Services must be in accordance with these Terms & Conditions. If you violate these Terms & Conditions, you are no longer permitted to use the Services and nikoways may (but has no obligation to) terminate your ability to access or use the Services at any time.
6. The amplification area of this software is confidential and proprietary to amplify-this and is available to a select stakeholders and influencers who agree to keep this software confidential.
1. You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. nikoways does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.
2. nikoways and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. nikoways may (but has no obligation to) remove Content and accounts containing Content that nikoways determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that nikoways determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).
3. nikoways does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any nikoways customer, employee, member, or officer. Engaging in any such behavior may at nikoways's sole discretion result in the immediate termination or your account.
4. You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the Services.
5. You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the Services.
1. Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.
2. All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
3. You must fill out your correct province/state and country so that nikoways can understand its obligations to applicable taxation authorities.
1. nikoways may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms & Conditions. nikoways may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days' notice from nikoways. Such notice may be provided at any time by posting the changes on nikoways's website (currently located at www.nikoways.com).
3. nikoways shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
1. If you choose to cancel your account, you are solely responsible for doing so properly.
2. Your cancellation will take effect immediately and nikoways will delete all of your Content from the Services reasonably promptly after cancellation. Once you cancel your account, your Content cannot be recovered.
3. nikoways does not accept any responsibility for loss of Content due to account cancellation.
4. nikoways, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other nikoways service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all content on your account. nikoways reserves the right to refuse to provide the Services to anyone for any reason at any time.
5. The provisions regarding "Use and Restrictions", "Payment Matters", "Cancellation and Termination", "Ownership", "Disclaimer and Limitation of Liability" and "General" and any provisions which by their nature survive, shall survive the termination of these Terms & Conditions.
1. Technical support is only provided to paying account holders and is only available via email.
2. You understand that nikoways uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
3. You understand that the technical processing and transmission of the Services, 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.
4. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other nikoways customers (as determined by nikoways in its sole discretion), nikoways reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
5. The failure of nikoways to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. The Terms & Conditions constitutes the entire agreement between you and nikoways and governs your use of the Services, superseding any prior agreements between you and nikoways (including, but not limited to, any prior versions of the Terms & Conditions). A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to nikoways's ability to amend these Terms & Conditions, they cannot be changed.
6. If any of the provisions contained in these Terms & Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms & Conditions and such determination shall not affect the remaining provisions contained herein.
7. You may not assign these Terms & Conditions or any of your rights or obligations under these Terms & Conditions to a third party. Subject to the foregoing, these Terms & Conditions shall ensure to the benefit of and be binding upon you and nikoways and their respective successors (including any successor by reason of amalgamation) and assigns.
8. You agree that if you sue nikoways and do not obtain judgment in your favor, you will pay all of nikoways's costs, including reasonable fees for in-house and outside legal counsel.
9. It is the express wish of the parties that these Terms & Conditions and all related documents be drawn up in English.
10. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms & Conditions.
THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. nikoways DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. nikoways DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, nikoways DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. nikoways DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT nikoways IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.