Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Niccolite ("Company," "we," "us," or "our") governing your access to and use of the niccolite.net software-as-a-service platform, applications, application programming interfaces, and all related services made available at niccolite.net and any associated Niccolites, subNiccolites, or mobile applications (collectively, the "Service").

BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, in which case "you" refers to that entity. These Terms incorporate by reference our Privacy Policy and Cookie Policy.

1. Service Description

Niccolite provides a cloud-hosted Software-as-a-Service platform that enables users to access, configure, and use hosted software functionality, integrations, dashboards, and related digital tools on a subscription or free-tier basis. The Service is delivered remotely over the internet, and no software is sold to you in the form of a tangible good. The Service is offered solely for lawful business and professional purposes and is not directed to children under the age of thirteen (13).

We reserve the right to determine, in our sole discretion, the features, functionality, capacity limits, supported integrations, and technical requirements of the Service. Certain features may be designated as beta, preview, pilot, or "early access" and are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, may contain defects, and may be modified or discontinued at any time without notice or liability.

The Service may interoperate with third-party products, platforms, and services. Your use of any third-party service is governed exclusively by the terms and privacy practices of that third party, and Niccolite is not responsible for the availability, accuracy, security, or performance of any third-party service. You are solely responsible for obtaining and maintaining all equipment, internet connectivity, and ancillary services necessary to access the Service.

2. User Accounts

To access most features of the Service, you must register for an account by providing accurate, current, and complete information. You agree to promptly update your account information to keep it accurate and complete. We may refuse registration, or suspend or terminate any account, in our sole discretion, including where we reasonably believe information provided is false, misleading, or incomplete, or where registration is made by a person previously removed from the Service.

2.1 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials, API keys, tokens, and any other authentication mechanisms, and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at [email protected] of any unauthorized access, suspected compromise, or security incident. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

2.2 Administrative Users and Seat Management

Where you designate one or more administrative users, those users may control workspace settings, invite or remove end users, and access data associated with your account. You are responsible for all acts and omissions of your authorized users, and you represent that you have obtained all necessary consents from such users to grant Niccolite the rights described in these Terms.

2.3 Eligibility

The Service is not intended for individuals under thirteen (13) years of age, and we do not knowingly collect personal information from children, consistent with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312). Where the Service is used in a regulated context, such as a healthcare or financial services environment, you are responsible for complying with the Health Insurance Portability and Accountability Act (HIPAA) where applicable, the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions, and any other sector-specific obligations applicable to you.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and strictly in accordance with these Terms, all applicable federal, state, and local laws, and any documentation or usage limits we publish. Your use must comply with the Federal Trade Commission Act § 5, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices, and with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA), to the extent it applies to any online transaction conducted through the Service.

You are responsible for the conduct of all users accessing the Service through your account and for ensuring that your own end-user terms, notices, and consents are adequate for your jurisdiction and industry. You shall not use the Service in a manner that infringes, misappropriates, or violates the intellectual property, privacy, publicity, or contractual rights of any third party, or that violates any applicable data protection law, including the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other state comprehensive privacy laws, including those enacted in Texas, Oregon, Montana, Florida, and Tennessee.

We reserve the right, but not the obligation, to monitor use of the Service for compliance with this Acceptable Use Policy, to investigate suspected violations, and to remove or disable content or access that we reasonably determine violates these Terms or applicable law. We may report unlawful activity to law enforcement authorities and cooperate with lawful requests.

4. Prohibited Activities

Without limiting the foregoing, you shall not, and shall not permit any third party to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Service, except to the extent such restriction is prohibited by law;
  • Copy, modify, distribute, sell, resell, sublicense, lease, time-share, or otherwise commercially exploit the Service or any portion thereof without our prior written consent;
  • Use automated scripts, bots, scrapers, crawlers, or similar mechanisms to access the Service in a manner that exceeds reasonable usage, imposes an unreasonable load on our infrastructure, or circumvents rate limits, quotas, or access controls;
  • Upload, transmit, or store any malicious code, viruses, ransomware, spyware, worms, or other harmful or disruptive technology;
  • Gain or attempt to gain unauthorized access to any account, server, network, or data not intended for you, or probe, scan, or test the vulnerability of the Service without express written authorization;
  • Interfere with or disrupt the integrity or performance of the Service or the data of any other user;
  • Use the Service to send unsolicited bulk communications, engage in phishing, spoofing, or other deceptive practices, or to violate the Electronic Communications Privacy Act, 18 U.S.C. § 2511, or applicable state wiretapping and invasion-of-privacy statutes, including the California Invasion of Privacy Act § 631;
  • Use the Service to develop a competing product or service, or to benchmark or publicly disclose performance data without our prior written consent;
  • Remove, obscure, or alter any proprietary notices, branding, or legal legends appearing in or on the Service; or
  • Use the Service in any manner that violates the SAFE WEB Act as permanently reauthorized in 2015 (15 U.S.C. § 8401 note) or any other applicable anti-fraud or cross-border enforcement statute.

Violation of this Section may result in immediate suspension or termination of your account, in addition to any other remedies available at law or in equity.

5. Content Ownership

Niccolite and its licensors retain all right, title, and interest in and to the Service, including all software, source code, object code, architecture, user interfaces, designs, trademarks, service marks, logos, documentation, and derivative works thereof. Nothing in these Terms transfers to you any ownership interest in the Service. All rights not expressly granted are reserved.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your subscription, solely for your internal business purposes. This license is a license of rights to access hosted software functionality and is governed by the Uniform Commercial Code (UCC) Article 2 as adopted by the states to the extent applicable to the transaction, and by the Uniform Computer Information Transactions Act (UCITA) only in those jurisdictions where it has been adopted (Maryland, Virginia, and Louisiana).

You retain all right, title, and interest in and to the data, files, and materials you submit to the Service ("Customer Data"). You grant Niccolite a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of Customer Data solely as necessary to provide, maintain, secure, and improve the Service, and as otherwise described in our Privacy Policy. We process Customer Data in accordance with applicable law, including the state comprehensive privacy statutes identified in Section 3.

If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without attribution or compensation.

6. User-Generated Content

The Service may allow you and your authorized users to upload, post, publish, transmit, or otherwise make available content, including text, images, audio, video, configuration data, and integrations ("User-Generated Content"). You are solely responsible for all User-Generated Content submitted through your account and for ensuring that you possess all rights, licenses, consents, and permissions necessary to submit it.

You represent and warrant that your User-Generated Content does not infringe or misappropriate any third-party intellectual property right, does not violate any right of privacy or publicity, does not contain unlawful material, and complies with all applicable laws, including the FTC Act § 5, 15 U.S.C. § 45. You agree to indemnify and hold Niccolite harmless from any claim arising out of your User-Generated Content.

We do not pre-screen User-Generated Content and do not endorse any content submitted by users. We reserve the right, but assume no obligation, to review, refuse, remove, or disable access to any User-Generated Content that we determine, in our sole discretion, violates these Terms or applicable law. Removal of content does not limit any other remedy available to us.

6.1 Copyright Complaints

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices of claimed infringement should be sent to [email protected] with the subject line "DMCA Notice" and must include the elements required by 17 U.S.C. § 512(c)(3). We will terminate the accounts of repeat infringers where appropriate.

7. Payment Terms

Certain features of the Service are provided for a fee. All fees, billing frequency, currency, and subscription tiers are set forth at the time of purchase or in an applicable order form or written agreement. Unless stated otherwise, fees are quoted and payable in U.S. dollars, are non-refundable except as expressly required by law, and are exclusive of applicable taxes, which you are responsible for paying.

Subscriptions renew automatically for successive terms equal to the initial term unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. By providing payment information, you authorize us and our payment processors to charge the applicable payment method on a recurring basis. Your authorization for recurring charges constitutes your affirmative consent consistent with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA), and you may cancel at any time through your account settings or by contacting [email protected].

If any charge is declined or disputed, we may suspend access to paid features until payment is received, and you agree to pay reasonable costs of collection, including attorneys' fees, to the extent permitted by law. We may modify our fees upon at least thirty (30) days' prior notice; continued use of the Service after the effective date constitutes acceptance of the new fees. Except where prohibited by law, all amounts paid are non-refundable.

8. Service Modifications

We continually evolve the Service. We reserve the right to modify, update, enhance, suspend, or discontinue any feature, function, integration, or component of the Service, in whole or in part, at any time, with or without notice. We will use commercially reasonable efforts to provide advance notice of any material change that adversely affects core functionality of a paid subscription.

We may perform scheduled and emergency maintenance that temporarily interrupts access to the Service. We will endeavor to schedule routine maintenance during off-peak hours and to provide reasonable advance notice where practicable. We are not liable for any interruption, delay, or degradation of the Service resulting from maintenance, third-party service failures, or events beyond our reasonable control.

Continued use of the Service following any modification constitutes your acceptance of the modified Service. If you do not agree to a material modification, your sole remedy is to terminate your subscription in accordance with Section 10, and if termination occurs within thirty (30) days of the effective date of a material adverse modification, we will provide a pro rata refund of prepaid, unused fees.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." Niccolite DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Niccolite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO Niccolite FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not permit the exclusion or limitation of certain warranties or damages; in such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. Nothing in this Section limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.

9.1 Indemnification

You agree to defend, indemnify, and hold harmless Niccolite and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your Customer Data or User-Generated Content; (c) your breach of these Terms; (d) your violation of any applicable law or third-party right; or (e) any claim brought by your end users.

10. Termination

These Terms remain in effect for as long as you access or use the Service. You may terminate your account at any time by providing notice to [email protected] or by using the account cancellation functionality. We may suspend or terminate your access to the Service immediately, with or without notice, if you breach these Terms, fail to pay applicable fees, create risk or legal exposure for us, or if required by law.

Upon termination or expiration, your license to access the Service terminates immediately. You will retain access to export your Customer Data for a period of thirty (30) days following termination, after which we may delete or anonymize Customer Data in accordance with our retention practices and applicable law. You are responsible for exporting any data you wish to retain prior to deletion.

Sections concerning Content Ownership, User-Generated Content, Payment Terms, Limitation of Liability, Indemnification, Governing Law, and General Provisions shall survive termination. Termination does not relieve you of any obligation to pay amounts accrued prior to the effective date of termination.

10.1 Effect of Suspension

During any suspension, you remain responsible for all fees payable under these Terms. If your account is suspended for non-payment and not reinstated within thirty (30) days, we may terminate your account and delete associated data without further liability.

10.2 Data Portability

Where required by applicable state privacy law, including the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), we will provide access to or a portable copy of your personal information upon a verified consumer request, subject to the exceptions set forth in those statutes and described in our Privacy Policy.

11. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Service, please contact us using the information below. Formal legal notices must be sent in writing to the address specified and shall be deemed given upon receipt or, if sent by email, upon confirmed transmission.

  • Company: Niccolite
  • Email: [email protected]
  • Phone: +17377050387
  • Address: 1 Market Street, San Francisco, CA 94105, United States

For questions regarding how we collect, use, and share personal information, please review our Privacy Policy and Cookie Policy. For requests relating to the sale or sharing of personal information, including Global Privacy Control signals, please follow the instructions in our Privacy Policy.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of 1 Market Street, San Francisco, CA 94105, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent applicable, the Uniform Commercial Code (UCC) Article 2 as adopted by the relevant state governs the transaction between the parties.

Except where prohibited by law, the parties agree to resolve any dispute arising out of or relating to these Terms through binding individual arbitration administered in accordance with the rules of a recognized arbitration provider, and each party waives any right to a jury trial and to participate in a class or representative action. You may opt out of arbitration by providing written notice to [email protected] within thirty (30) days of first accepting these Terms. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

13. General Provisions

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Niccolite regarding the Service and supersede all prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

We may update these Terms from time to time. Material changes will be communicated by posting an updated version with a revised "Last Updated" date and, where required, by email notice or in-product notification. Your continued use of the Service after the effective date of any update constitutes acceptance of the revised Terms. This document is also available at service-terms.php.