NILG.AI TERMS AND CONDITIONS
Last update: 5 May 2022
By accessing or using NILG.AI, you agree to be legally bound by Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions of these Terms and Conditions, you should not use NILG.AI.
1. GENERAL INFORMATION
1.1 These NILG.AI Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user or an entity (“you” and “your”) accessing the website https://nilg.ai (the “Website”), the related content and services (collectively, “NILG.AI”) and the owner and operator of NILG.AI, namely, NILG.AI, Lda having a registered address at Rua de Santa Justa 228G 2CEP, Porto, 4200-479, Portugal and its subsidiaries, including, without limitation, NILG.AI, LLC registered in Cheyenne, Wyoming, the USA (“we”, “us”, and “our”).
1.2 License to use NILG.AI. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use NILG.AI pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on NILG.AI, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties. The information provided on NILG.AI is for general information only. It should not be taken as constituting professional advice.
1.4 Third-party links. NILG.AI may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at firstname.lastname@example.org.
1.6 Minors. NILG.AI is not marketed and intended for use by persons under the age of 18.
2. FEES AND PAYMENTS
2.1 The Fees. Your use of certain services and content available on NILG.AI is subject to the applicable fees (the “Fees”). By ordering paid services, purchasing content, or concluding a service contract, you agree to pay the Fees in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment you order our services, purchase content, or conclude a service contract. The Fees remain valid for as long as (i) they are featured on NILG.AI or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a service contract) or without notice (if you do not hold a service contract). If you conclude a separate service contract with us, the Fees specified in the contract and the payment terms related thereto shall prevail.
2.2 Taxes. Unless indicated otherwise, the Fees exclude all applicable sale taxes (e.g. VAT), levies, and other duties. You are responsible for paying the said taxes.
2.3 Payment processing. All payments related to NILG.AI are processed by our payment processors Stripe and PayPal. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason. Please note that invoices for the Fees paid may be issued by our subsidiary companies (e.g., NILG.AI, LLC registered in the USA).
2.4 Refunds and right of withdrawal. Unless you use NILG.AI as a non-consumer (i.e. a person acting outside his/her business, trade, or profession), we do not issue refunds for any Fees paid, unless there is an error on our side. If you use NILG.AI as a consumer, you may withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us (e.g., you have accessed the content for which you paid the Fees). In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at email@example.com. You can use the model withdrawal form provided at the end of these Terms, but it is not obligatory. We will refund all or partial Fees by using the same payment method that was used for the initial payment. If you act as a business, trader, or use NILG.AI for professional purposes, you are not entitled to exercise your right of withdrawal.
2.5 Cancellation of sessions. If you cancel a scheduled session for any reason whatsoever, refunds for the Fees paid shall be issued as follows:
If the cancellation request is submitted at least one week prior to the scheduled session, you can request a full refund of the Fees paid;
If the cancellation request is submitted 72-8 hours prior to the scheduled session or later, you can request a refund of 50% of the Fees paid; and
If the cancellation request is submitted less than 8 hours prior to the scheduled session or later, no refunds for the Fees paid shall be issued.
3. THE ACCOUNT
3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of NILG.AI;
You provide only true, accurate, complete, and up-to-date personal data;
You will update your user Account as soon as any changes to your personal data or other information occur;
You can conclude legally binding contracts with us;
You will register a single Account; and
You are a human individual.
3.3 Security of the Account. You are solely responsible for maintaining the confidentiality of your Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorised use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using NILG.AI. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
3.4 Deletion of the Account. At any time, you may delete your Account through your dashboard. Upon deletion of the Account, these Terms shall terminate and you will lose access to the content available through the Account, including all files, access rights, information and services that you purchased.
3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if you fail to pay the Fees or, at our sole discretion, we have grounds to believe that your use of NILG.AI seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
4. INTELLECTUAL PROPERTY
4.1 NILG.AI’s content. Most of the content available on or through NILG.AI, including all information, software, text, data, logos, marks, designs, graphics, pictures, templates, video files, sound files, illustrations, graphics, and similar (collectively, the “NILG.AI’s Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The NILG.AI’s Content is protected by applicable intellectual property laws and international treaties. Provided that the functionality of NILG.AI permits it, you may download backup copies of the NILGAI’s Content that you purchase for its intended use. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the NILG.AI’s Content to third parties, or use any manual or automated means to scrape any content available on NILG.AI.
4.2 NILG.AI brand. You may not use the brand, the word or figurative trademarks associated with NILG.AI or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.3 Content purchased through NILG.AI. The content that you purchase through NILG.AI remains our intellectual property. You are allowed to use such content for your own purposes only. You are not allowed, without obtaining prior written authorisation from us, to distribute, make available, adapt, rent, loan, lease or attempt to grant other rights to such content to other parties.
4.4 Third-party intellectual property. NILG.AI may contain content belonging to third parties (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us (but may be licensed to us). The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of NILG.AI. We do not guarantee that you will have access to the Third-Party Content at all times. The Third-Party Content includes author’s personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
4.5 Copyright infringement claims. If you have any grounds to believe that any content available on or through NILG.AI violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
4.6 Your Content. By uploading any content onto NILG.AI or creating any content by using NILG.AI (“Your Content”), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with the requested services and carrying out our legitimate business interests. You understand and agree that, in order to ensure the security of NILG.AI, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of NILG.AI.
4.7 Feedback and comments. If you provide any feedback, comments, or suggestions (collectively, the “Feedback”) pertaining to NILG.AI, we will be entitled to use the Feedback without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback. All comments and other user-generated content available on NILG.AI includes author’s personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
5. PROHIBITED USE
5.1 NILG.AI can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use NILG.AI in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright or trademark) infringement;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening NILG.AI;
Interfering with or abusing other users of NILG.AI;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of NILG.AI.
6. AVAILABILITY AND FORCE MAJEURE
6.1 We put reasonable efforts to ensure that NILG.AI is always accessible to you. However, the availability of NILG.AI may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of NILG.AI caused by such factors.
6.2 All NILG.AI’s Content is stored in the cloud storage owned and operated by third parties. We take no responsibility if the NILG.AI’s Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of content that you purchase at all times.
7. DISCLAIMER OF WARRANTIES
7.1 We provide NILG.AI on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of NILG.AI, the Third-Party Content, or other content featured on or access by using NILG.AI, whether provider by us or by third parties, and hereby disclaim all warranties regarding NILG.AI and its operation.
7.2 It is your sole responsibility to verify and assess the fit for the purpose of NILG.AI prior to using it and to decide whether or not NILG.AI fits for the intended use.
7.3 By using NILG.AI, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
8. LIMITATION OF LIABILITY
8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of NILG.AI, any content made available through NILG.AI, whether provided by us or by third parties, any transactions concluded through NILG.AI, or use of NILG.AI for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of NILG.AI, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
11. GOVERNING LAW AND DISPUTES
11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflicts of law provisions.
11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Porto, Portugal. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.
11.3 Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
12.2 Amendments. We reserve the right to modify these Terms or any content or services provided through NILG.AI at any time, effective upon posting of an updated version on NILG.AI. Such amendments may be necessary due to new features of NILG.AI, changes in the requirements of laws, regulations, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of NILG.AI after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through NILG.AI at any time, at our sole discretion.
12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of NILG.AI;
Report you to the relevant public authorities; or
Commence a legal action against you.
12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your Account and ceasing to use NILG.AI.
12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of NILG.AI.
If you have any questions about these Terms, please contact us by using the following contact details:
Postal address: NILG.AI, Lda, Rua de Santa Justa 228G 2CEP, Porto, 4200-479, Portugal
MODEL WITHDRAWAL FORM
You may use the following withdrawal form to exercise your right of withdrawal described in section 2.4 of the Terms.
To: NILG.AI, Lda
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following services (*): ____________________________
Ordered on (*)/received on (*): ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________________
*Delete as appropriate.