Nikela Terms of Use

1. Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) Nikela's services for sharing free give aways, selling items and looking for items, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “Nikela Service”) and any other material that is made available through the Nikela Service (the “Content”).

Use of the Nikela Service may be subject to additional terms and conditions presented by Nikela, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Nikela Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Nikela Service or access any Content.

Service Provider

These Terms are between you and Nikela, email mihosystems+nikela@gmail.com

Age and eligibility requirements

Additionally, in order to use the Nikela Service and access any Content, you represent that any registration and account information that you submit to Nikela is true, accurate, and complete, and you agree to keep it that way at all times.

2. The Nikela Service Provided by Us

Nikela Service options

We provide numerous Nikela Service options. Certain Nikela Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). By using a Nikela Service via a Trial, you agree to the Terms herein.

Third-Party applications, devices and open source software

The Nikela Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Nikela does not guarantee that Third-Party Applications and Devices will be compatible with the Nikela Service.

Service limitations and modifications

We use reasonable efforts to keep the Nikela Service operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

• The Nikela Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• We aim to evolve and improve the Nikela Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Nikela Service (including particular functions, features, subscription plans, and promotional offerings);
• Nikela has no obligation to provide any specific content through the Nikela Service, and Nikela or the applicable owners may remove particular items, and other Content without notice.

If you have prepaid fees directly to Nikela for a Paid Subscription that Nikela permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Nikela will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

Nikela has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

3. Your Use of the Nikela Service

Creating a Nikela account

You may need to create a Nikela account to use all or part of the Nikela Service. Your email, phone number, username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your email, phone number, username and password. Notify our Customer Service team immediately if your email, phone number, username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Nikela may reclaim, or require you to change your email, phone number, username or password for any reason.

Your rights to use the Nikela Service

Access to the Nikela Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Nikela Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or Nikela. You agree that you will not redistribute or transfer the Nikela Service or the Content. The Nikela software applications and the Content are licensed, not sold or transferred to you, and Nikela and its licensors retain ownership of all copies of the Nikela software applications and Content even after installation on your Devices.

Nikela's Proprietary Rights

The Nikela Service and the Content are the property of Nikela or Nikela's licensors. All Nikela trademarks, service marks, trade names, logos, domain names, and any other features of the Nikela brand (“Nikela Brand Features”) are the sole property of Nikela or its licensors. These Terms do not grant you any rights to use any Nikela Brand Features whether for commercial or non-commercial use. You agree to abide by the Nikela User Guidelines and not to use the Nikela Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

4. Payments and Cancellation

Billing

You may purchase a Paid Subscription directly from Nikela or through a third party either by:

• paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
• pre-payment giving you access to the Nikela Service for a specific time period (“Pre-Paid Period”).

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

Price and tax changes

Nikela may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Nikela Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Nikela or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Nikela Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

5. User Guidelines

We've established these User Guidelines to help ensure that everyone can use the Nikela Service safely and respectfully. By using the Nikela Service, you agree to follow these guidelines and not to use the Nikela Service in a way that violates them.

You may not use the Nikela Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Post false, misleading, or fraudulent content
• Harass, abuse, or harm others
• Share inappropriate or offensive content
• Attempt to gain unauthorized access to our systems
• Use automated tools to access or interact with the service

6. Dispute Resolution and Arbitration

This arbitration provision will survive termination of these Terms. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

7. About These Terms

Changes

We may make changes to these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Nikela Service. Your use of the Nikela Service following any changes to these Terms will constitute your acceptance of such changes.

Entire agreement

These Terms constitute all the terms and conditions agreed upon between you and Nikela and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and waiver

Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.