Terms of Service

Definitions​

• Application: The Niftia application provided by the Company downloaded by You on your iOS or iPadOS device. 

• Subscription: The monthly subscription to news content rendered within the Application provided by Company.

• Service: The stream of news and events provided by the Application’s backend service.

• App Store: The digital distribution Application operated and developed by Apple Inc. from which the Application has been downloaded.

• Affiliate: An entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account: A unique account created for You to access our Application or parts of our Application.

• Company: Niftia Inc, a Delaware corporation.

• Content: Text, images, or video.

• Device: An iOS or iPadOS device.

• Country: the United States.

• Feedback: Feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Application.

• Terms and Conditions: These Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Application.

• You: The individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
   

Acknowledgment

These are the Terms and Conditions governing the use of this Application and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding use of the Application.
 

Your access to and use of the Application is conditioned on your acceptance of and compliance with these Terms and Conditions in their entirety.
 

By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Application.

Your access to and use of the Application is also conditioned on Your acceptance of the Company’s Privacy Policy.
 

Subscriptions

Subscriptions provide access to a stream of news and events from the Service. The interval between news and event alerts varies, depending on numerous factors including what news and events are available from the data providers utilized by the Service. Company makes no guarantees with regard to this interval.

 

The first time you run the Application, you will be asked to approve payment for the subscription, which is handled by Apple's subscription system. Payments occur monthly. You may cancel at any time. After cancellation you will be able to continue using the service until the end of the subscription period.

 

The Company utilizes commercially reasonable efforts to maintain the Service’s uptime, and to restore operation in the event of an outage.
 

Intellectual Property Infringement

The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes a copyright or other intellectual property infringement of any person.
 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Application, email a detailed description of the alleged infringement to support@niftia.com.
 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
 

Company Intellectual Property

The Application and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
 

The Application and its original content are protected by copyright.

 

Not an Investment or Financial Advisor

Company is not a financial or investment advisor. No content within the Nitia Site or Application should be construed as financial, investment or legal advice. We do not endorse any product or service  appearing on the Niftia Site or Application. 
 

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
 

External Content and Links

Our application utilizes content licensed by Company and public domain content (e.g. RSS feeds) that are not owned or controlled by the Company. This content often contains links to other sites and services.
 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content providers, public domain content, or the sites or services to which they link. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such sources.
 

We strongly advise You to read the terms and conditions as well as the privacy policies of any third-party web sites You visit or services You utilize.
 

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

You are able to terminate the Service using Apple’s subscription management.
 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Application or 100 USD if You haven't purchased anything through the Application.
 

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Application), even if the Company has been advised of the possibility of such damages.
 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
 

"AS IS" and "AS AVAILABLE" Disclaimer

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Application providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Applications, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
 

Without limiting the foregoing, the Company provides no warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application.
 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
 

Disputes Resolution

If You have any concern or dispute about the Application, You agree to first try to resolve the dispute informally by contacting the Company.
 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.
 

United States Legal Compliance

 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Application.