Terms of Service
Please read these terms carefully as they govern your use of our services and form a legally binding agreement.
Terms of Service
Last updated: February 9, 2025
These Terms of Service ("Terms of Service" or "Terms") are a legally binding agreement between you ("you" or "your") and Nicest Technologies, Inc. d/b/a Nicest.ai, ("Nicest.ai," "we," "our," or "us") governing your use of the Service and your relationship with us.
You accept and agree to these Terms of Service by:
- Accessing or using the Service;
- Clicking to accept these Terms of Service, or
- Accepting these Terms of Service in any other way.
If you do not agree to these Terms of Service, you shouldn't access (and you don't have our permission to access) the Service.
Important: Please note sections 7 and 8 of these Terms which include important information regarding Personal Information you provide to us or receive from us. Please also note section 11, which contains arbitration provisions that impact certain rights you might otherwise have regarding disputes.
We may modify these Terms of Service (except for section 11) in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice to you, as applicable.
1. Definitions
"Account Information" means information provided by you to create, support and maintain an account enabling access to the Service
"Nicest.ai Platform" means the software or other technology provided by us to you under these Terms. The Nicest.ai Platform does not include Third-Party Products
"Beta Services" means products, services, integrations, functionality or features that Nicest.ai may make available to you to try at your discretion, which may be described as "alpha," "beta," "pilot," "limited release," "developer preview," "non-production," "early-stage", or other similar description
"Contributor Database" means the database of Personal Information and other business information which we make available, directly or indirectly, to you and to other Nicest.ai customers through the Nicest.ai Platform
"Output Data" means the information and other content or materials that are included in the Contributor Database or otherwise made available to you through the Nicest.ai Platform. Output Data is exclusive of the Submitted Data
"Order Form" means an ordering document, including an order receipt, related to your ordering of the Service and specifying the details of your subscription and any fees to be paid by you
"Personal Information" includes any substantially similar terms to "personal information" such as "personal data" or "personally identifiable information" and as to each, shall have the meaning given to such terms under applicable law
"Service" means the Output Data, the Service Metadata, the Contributor Database, the Nicest.ai Platform, the Beta Services and any accompanying or related infrastructure, functionality, technology or analytics, including any services or add-ons described in an Order Form
"Service Metadata" means information collected or inferred by us in the course of delivering emails (including without limitation information about deliverability and system operations) or otherwise providing the Service
"Submitted Data" means all data, information, text, recordings, and other content and materials that are collected, submitted, provided, or otherwise transmitted or stored by you in connection with your use of the Service
"Third-Party Products" means products, services, websites, applications or other technology, and any related content, that you choose to integrate with or use in connection with the Service. Third-Party Products are not owned or operated by us
"UK/EU GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679) and equivalent requirements in the United Kingdom including the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation
"Website" means any website or webpage on which these Terms appear
2. Your Account; Eligibility Restrictions; Beta Services; Third-Party Products
Account information
You will need to set up an account in order to access the Service, including to receive Output Data. You must only provide Account Information that is your own and that is accurate. You must also keep your contact information up to date, so that we may contact you if needed, such as to deliver any important notices.
Eligibility restrictions
You shall ensure that only your employees or service providers, or the employees or service providers of your wholly or majority owned subsidiaries who have been expressly authorized by you to use the Service in accordance with this Terms of Service, shall use or otherwise access the Service ("Authorized Users"). You may not use the Service if you or any of your Authorized Users are a competitor of Nicest.ai (as determined by us in our sole discretion). You shall ensure that all Authorized Users are at or above the age of majority in their jurisdiction. You must comply with any other eligibility restrictions on Authorized Users set forth in the Order Form and ensure that your Authorized Users comply with these Terms.
Account security
We make no representations or promises regarding the security of the Service. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior). You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your Authorized Users:
- are solely responsible for maintaining the confidentiality and security of your Account Information and account credentials such as your username and password.
- may not share your account credentials and must restrict access to your computer and other devices.
- must access the Service and our network, systems, or applications only through encrypted connections.
- must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or our environment.
- must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination.
- must notify us promptly (and in any event within 72 hours) of security incidents that could have implications to us (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
- will reach out to our vulnerability discovery program at support@nicest.ai if you suspect any vulnerabilities with our Service.
If you would like this notice in another format (for example: audio, large print, braille) please contact us at info@nicest.ai.
For the complete Terms of Service with all sections 3-16, please contact us at info@nicest.ai