Terms of Service

NIVULAUTA TERMS OF SERVICE

Effective Date: April 2026


Welcome to Nivulauta!

Before you access our services, please read these Terms of Service carefully.

These Terms of Service ("Terms") set out the agreement between you and Nivulauta ("we," "us," "our," or "Nivulauta") regarding your use of our platform, applications, software, websites, and services (together, our "Services"). By agreeing to these Terms or by using the Services, you agree to be bound by them, including any changes made in accordance with these Terms.

Please note: References to "we," "us," or "our" mean Nivulauta. Other terms in bold and inverted commas have the meanings given to them where first used.


1. WHO WE ARE

Nivulauta is a technology company dedicated to providing innovative digital solutions and services to our users. We are committed to delivering high-quality, reliable, and user-friendly services while maintaining the highest standards of security, privacy, and legal compliance.


2. ACCOUNT CREATION AND ACCESS

2.1 Minimum Age

You must be at least 18 years old to use the Services.

2.2 Your Nivulauta Account

To access our Services, you may be required to create an account (your "Account") and provide certain information, such as your email address, name, and a password. You agree to:

  • Provide correct, current, and complete information
  • Allow us to use this information to communicate with you about our Services
  • Notify us promptly of any changes to your account information
  • Maintain the confidentiality of your account credentials

Our communications to you using such information will satisfy any legal notice requirements.

2.3 Account Security and Responsibility

You may not share your Account login information, credentials, or API keys with anyone else or make your Account available to anyone else. You are responsible for all activity occurring under your Account. You agree to:

  • Notify us immediately if you become aware of any unauthorized access to your Account
  • Contact us at support@nivulauta.llc to report security concerns
  • Close your Account at any time by contacting us

2.4 Business Domains

If you use an email address owned by your employer or another organization, your Account may be linked to the organization's enterprise account, and the organization's administrator may be able to monitor and control your Account, including accessing your data and materials. We will provide notice to you before linking your Account to an organization's enterprise account, unless the organization has already informed you that it may monitor and control your Account.

2.5 Evaluation and Additional Services

In some cases, we may permit you to evaluate our Services for a limited time or with limited functionality. Evaluation use is for your personal, non-commercial use only.

You may need to accept additional terms to use certain Services. These additional terms will supplement our Terms and may change your rights or obligations for those Services.


3. USE OF OUR SERVICES

3.1 Permitted Use

You may access and use our Services only in compliance with these Terms, including any Acceptable Use Policy, guidelines, or supplemental terms we may post. You are responsible for all activity under your Account.

3.2 Prohibited Conduct

You may not access, use, or help another person access or use our Services in the following ways:

  1. Legal Violations: In any manner that violates any applicable law or regulation, including export control laws or data protection regulations.
  2. Competitive Use: To develop any products or services that compete with our Services, including to develop, train, or resell artificial intelligence or machine learning algorithms or models using our Services.
  3. Reverse Engineering: To decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except where prohibited by applicable law.
  4. Data Harvesting: To crawl, scrape, or otherwise harvest data or information from our Services without authorization.
  5. Unauthorized Access: To obtain unauthorized access to any system, information, or to deceive any person.
  6. Intellectual Property Violations: To infringe, misappropriate, or violate intellectual property rights, rights of publicity, or privacy rights.
  7. Automated Access: Except where explicitly permitted, to access the Services through automated or non-human means (bots, scripts, or other automated tools).
  8. Disruptive Conduct: To engage in conduct that restricts or inhibits any person from using or enjoying the Services, or that exposes us, our users, or any third party to liability, damages, or detriment of any kind.
  9. Financial Services: To use the Services to buy, sell, or provide advice regarding securities, commodities, derivatives, or other financial products or services. (Nivulauta is not a broker-dealer or registered investment adviser.)

3.3 Service Abuse and Harm

You must not:

  • Abuse, harm, interfere with, or disrupt our Services
  • Introduce viruses, malware, or malicious code
  • Spam, conduct denial-of-service (DDoS) attacks, or engage in similar disruptive activities
  • Bypass any of our systems or protective measures

4. USER INPUTS, OUTPUTS, AND MATERIALS

4.1 General

You may interact with our Services in a variety of formats and methods (we call these "Inputs"). Our Services may generate responses (we call these "Outputs") or enable the Services to take actions on your behalf, such as data processing, system interactions, and similar functions (we call these "Actions"). Inputs and Outputs collectively are "Materials."

4.2 Rights and Responsibilities

You are responsible for all Inputs you submit and all Actions you authorize. You must ensure that you have all necessary rights, licenses, and permissions for:

  • Us to process your Inputs in accordance with these Terms
  • Providing the Services to you
  • Integrating with third-party services at your direction
  • Sharing Materials with others
  • Taking Actions on your behalf

You must ensure that your submission of Inputs, sharing them with others, or directing us to take Actions will not violate these Terms, our Acceptable Use Policy, or any applicable laws or regulations.

Ownership: As between you and Nivulauta, you retain any right, title, and interest that you have in your Inputs. Subject to your compliance with these Terms, we assign to you all our right, title, and interest (if any) in Outputs.

4.3 Reliance on Outputs and Actions

Our Services incorporate advanced technologies that are still evolving. When you use our Services, you acknowledge and agree:

  1. Outputs may not always be accurate and may contain material inaccuracies despite appearing detailed or specific
  2. Actions may not be error-free or operate exactly as intended
  3. You should not rely on any Outputs or Actions without independently confirming their accuracy
  4. The Services and Outputs may not reflect correct, current, or complete information
  5. Outputs may contain content that is inconsistent with Nivulauta's views or policies

4.4 Our Use of Materials

We may use Materials to provide, maintain, and improve the Services and to develop other products and services, including training our models, unless you opt out through your account settings. However, we will use Materials for improvement purposes when:

  1. You provide feedback to us regarding the Materials
  2. Your Materials are flagged for safety review to improve our ability to detect harmful content, enforce policies, or advance safety research

4.5 Technical Limitations

Different types of Services may have technical restrictions, such as limits on the number of Inputs you may submit or Outputs you may receive within a specific timeframe ("Technical Limitations"). See your service plan details for specific limitations.


5. FEEDBACK

We appreciate feedback, including ideas and suggestions for improvement or ratings of Outputs (collectively, "Feedback"). If you provide Feedback—for example, by using rating icons—we will store the related conversation as part of your Feedback record.

You have no obligation to provide Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or payment to you.


6. FEES AND PAYMENTS

6.1 General Fees

Except as expressly stated in these Terms or where required by law, all payments are non-refundable. Please review your order carefully before confirming it.

6.2 Third-Party Payment Processing

You agree that we will not be held liable for any errors caused by third-party payment processors we use to process your payments.

6.3 Subscriptions

To access premium Services, you may need to sign up for a subscription (a "Subscription"). When you sign up for a Subscription, you agree to these Terms.

6.3.1 Subscription Order

Your order constitutes an offer to enter into a Subscription. We will confirm our acceptance by sending you a confirmation email (the "Confirmation Email"). We may reject orders if, for example, you are located in a region where we don't offer the Service or if the Service was mispriced. The contract becomes binding when we send the Confirmation Email.

6.3.2 Subscription Content and Features

The content, features, and services provided as part of your Subscription will be described in the order process. We may change or refresh these offerings from time to time. We do not guarantee that any particular feature or service will always be available.

6.3.3 Subscription Term and Automatic Renewal

If your Subscription has a minimum term (the "Initial Term"), we will inform you during checkout. Your Subscription will automatically renew for additional terms equal in duration to the Initial Term (each, a "Renewal Term") unless you cancel.

6.3.4 Subscription Fees

You will pay fees upfront at the start of each Initial Term and Renewal Term. We may change fees from time to time, but we will not change fees during your current Initial Term or Renewal Term. If changes result in fee increases, we will notify you at least 30 days in advance. You may cancel before the Renewal Term to which the increase applies.

6.3.5 Subscription Cancellation

If you subscribed via our website, you may cancel your Subscription at any time using the method provided in your account portal or by notifying us at support@nivulauta.llc.

If you cancel, you will not receive a refund of fees already paid, but your Subscription will terminate at the end of the current billing period.


7. THIRD-PARTY SERVICES AND LINKS

Our Services may use or be used in connection with third-party content, services, or integrations ("Third-Party Content"). We do not control or accept responsibility for any loss or damage arising from your use of Third-Party Content, for which we make no representations or warranties.

Your use of any Third-Party Content, services, or integrations is at your own risk and is subject to any terms, conditions, or policies (including privacy policies) applicable to such third parties.


8. CONTENT MODERATION

Third-Party Content appearing in our Services is the responsibility of the person or entity providing it. We are under no obligation to host or serve Third-Party Content.

If you see any Third-Party Content that violates these Terms, our Acceptable Use Policy, or applicable laws, you can report it to us.

If we become aware that any Third-Party Content:

  1. Infringes copyright or intellectual property rights
  2. Violates these Terms or our Acceptable Use Policy, or
  3. May cause harm to Nivulauta, our users, or third parties

We reserve the right to remove or take down such content using appropriate algorithmic and human review. We will use reasonable efforts to notify you of actions taken on content you posted, unless we reasonably believe that doing so would:

  • Violate the law or legal enforcement authority directions
  • Compromise an investigation or the operation of the Services
  • Cause harm to any user or third party

You can appeal a takedown of content by responding to our notice.


9. SOFTWARE AND UPDATES

We may offer manual or automatic updates to our software, applications, and related materials ("Nivulauta Software") without advance notice. Nivulauta Software may include open-source software. Where conflicts exist between these Terms and other applicable terms (such as open-source licenses), the other terms will control for that portion of the software to the extent of the conflict.


10. OWNERSHIP OF THE SERVICES

The Services are owned, operated, and provided by Nivulauta. We and our service providers retain all rights, title, and interest, including intellectual property rights, in and to the Services. Except for the express rights of access and use granted in these Terms, we do not grant you any right, title, or interest in or to our Services.


11. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNITY

11.1 No Warranties

Your use of the Services, Materials, and Actions is solely at your own risk. The Services, Outputs, and Actions are provided on an "as is" and "as available" basis and, to the fullest extent permissible under applicable law, are provided without warranties of any kind, whether express, implied, or statutory.

We and our service providers expressly disclaim any warranties of fitness for a particular purpose, title, merchantability, accuracy, availability, reliability, security, privacy, compatibility, non-infringement, and any warranty implied by course of dealing, course of performance, or trade usage.

11.2 Exceptions to Limitations of Liability

Nothing in these Terms excludes or limits our liability for:

  1. Death or personal injury caused by our negligence
  2. Fraud or fraudulent misrepresentation
  3. Any matter where it would be unlawful to exclude or limit our liability

11.3 Foreseeable Loss

Except as set out above, Nivulauta and our service providers are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you accessed our Services or entered into a Subscription agreement.

11.4 Non-Commercial Use Only

You agree that you will not use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5 Limitation of Liability

Except as set out above, our total liability to you for any loss or damage arising out of or in connection with these Terms will be limited to the greater of: (a) the amount you paid us for access to or use of the Services in the six months prior to the event giving rise to liability, or (b) $100 USD.


12. DATA SWITCHING AND PORTABILITY

You may request to switch to another service provider or port your exportable data and digital assets to your own infrastructure ("Switching Request") in accordance with your legal rights. You must provide two months' written notice for any Switching Request.

Within one month before the end of the notice period, you must notify us of details of your new service provider or your decision to erase your data.

We will initiate your Switching Request after the notice period and complete the switching within 30 days after the notice period ends (the "Transitional Period"). However, if technical unfeasibility exists, we may notify you within 14 days of an extension up to seven months. You can also extend the Transitional Period once for a reasonable period.

During the Transitional Period, we will:

  1. Provide reasonable assistance and support for switching
  2. Maintain business continuity and continue providing Services
  3. Provide information about known risks to continuation
  4. Ensure high-level security during switching

After the Transitional Period ends, you will have 30 calendar days to retrieve all exportable data (the "Retrieval Period"). After the Retrieval Period, unless otherwise agreed or required by law, we will erase all exportable data and materials unless other laws require or permit us to retain data.


13. GENERAL TERMS

13.1 Changes to Services

Our Services are designed to evolve. We may add or remove features, increase or decrease capacity limits, offer new Services, or stop offering existing ones. We may modify, suspend, or discontinue the Services or your access to them.

Where our actions will materially impact your use, we will endeavor to notify you. Where feasible, we will provide at least 30 days' advance notice of changes that would materially limit or reduce features, availability, or functionality. However, we may provide shorter notice for urgent situations (security issues, legal requirements, or operational problems).

If you do not wish to continue following material changes, you may cancel your Account or Subscription by notifying us at support@nivulauta.llc. We will refund you on a pro rata basis for the remaining portion of your Subscription.

13.2 Termination

You may stop accessing the Services at any time. We may suspend or terminate your access at any time without notice if:

  1. We believe you have materially breached these Terms
  2. We must do so to comply with applicable law
  3. Immediate suspension or termination is necessary for security reasons

We may also terminate your Account if it has been inactive for over one year and you do not have a paid Account. We will give you advance notice before terminating for inactivity.

13.3 Consequences of Termination

If we terminate your access due to material breach of these Terms and you have a Subscription:

  1. You will not be entitled to any refund
  2. We may take further legal action, and you may be responsible for our losses related to the violation

If you have a Subscription, we may terminate it by giving you at least 30 days' written notice (email is sufficient). If we exercise this right, we will refund you on a pro rata basis for fees paid for the remaining portion of your Subscription.

Upon termination, your rights to access and use the Services will immediately terminate, and we may delete your Materials or other data associated with your account.

13.4 Changes to These Terms

We may revise and update these Terms. For example, we may update them to:

  1. Reflect changes in our Services (adding or removing features, updating pricing)
  2. Address security or legal requirements
  3. Promote safety or prevent abuse

We will notify you of changes that are reasonably likely to affect your use of the Services or legal rights. Changes will come into effect no less than 30 days after notification, unless the change is due to law or security reasons (in which case we may need shorter notice).

If you do not wish to accept updated Terms, you can terminate these Terms or your Subscription by notifying us at support@nivulauta.llc before changes take effect. We will refund you on a pro rata basis for fees paid for the remaining portion of your Subscription.

13.5 Supplemental Terms

We may post supplemental terms for new Services or features. If you use those Services or features, you agree to comply with any applicable supplemental terms. If supplemental terms conflict with these Terms, the supplemental terms will govern for that Service or feature.

13.6 Severability

Each section of these Terms operates separately. If any court or authority decides that any section is unlawful or unenforceable, the remaining sections will remain in full force and effect.

13.7 No Waiver

If we fail to insist that you comply with these Terms, or if we do not enforce our rights, or if we delay doing so, that does not mean we have waived our rights or that you do not have to comply. If we waive a default, we will only do so in writing, and it will not automatically waive any future default.

13.8 No Assignment

These Terms may not be assigned or transferred by you without our prior written consent. However, we may assign these Terms without restriction.

13.9 Use of Our Brand

You may not use our name, logos, or trademarks in connection with products or services other than the Services or in any way that implies our affiliation, endorsement, or sponsorship, without our prior written permission. To seek permission, email marketing@nivulauta.llc.

13.10 Export Controls

You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on:

  1. The U.S. Treasury Department's list of Specially Designated Nationals
  2. Any other restricted party lists identified by the Office of Foreign Asset Control
  3. The U.S. Department of Commerce Denied Persons List or Entity List
  4. Any other restricted party lists

You agree that you and anyone accessing or using the Services on your behalf are not such persons or entities and are not located in any such country.

13.11 Legal Compliance

We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services or information provided to us. We reserve the right to report information about you, including Inputs and Outputs, to law enforcement if required.


14. DISPUTES AND GOVERNING LAW

14.1 Governing Law and Jurisdiction

These Terms are governed by the laws of the jurisdiction in which Nivulauta is headquartered, without regard to its conflict of laws principles.

Your access to and use of the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by applicable law. You agree to submit to the jurisdiction of the competent courts in the applicable jurisdiction.

14.2 Dispute Resolution

Should you have any reason for a complaint, we will endeavor to resolve the issue and avoid re-occurrence. You can contact us using the details below.


15. CONTACT US

If you have questions, concerns, or complaints about these Terms of Service or our Services, please contact us:

Email: support@nivulauta.llc

Mailing Address: Nivulauta Support 63 Federal St #756 Portland, ME 04101

Customer Support Portal:

We will respond to your inquiries as promptly as possible.


16. ACKNOWLEDGMENT

By using Nivulauta, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.

If you do not agree to these Terms, do not use the Services.

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