Terms and Conditions

PLEASE NOTE THAT SECTION 14 OF THESE TERMS OF USE CONTAINS ANARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOWANY DISPUTES BETWEEN YOU AND Niche Inc. WOULD BE RESOLVED.

1. General

The Website Terms and Conditions ("Terms") contained herein on this webpage, describe the Terms under which Niche Inc. ("Niche Inc.", "We", "Us", "Our") provides access to an individualor entity ("You", "Your", "We", "Yourself") who access and uses this website whether as a guestor a registered user, including all pages within this website (Collectively referred to as"Website"). These Terms govern Your use of this Website and by using this Website, You accept these Terms in full. If You disagree with these Terms or any part of these Terms, do not use this Website. This Website is not to be used by minors (Defined as those who have not attained theage of eighteen (18) years, or lesser as defined under applicable law).You and Us will be individually referred to as "Party" and collectively as "Parties".

2. Privacy

Any personal data shared by You with Us in connection with Your use of this Website is governed by Our privacy policy available here. We may collect the personal data either directly from You or through Your use of the Website.

3. Intellectual Property Rights

Unless otherwise stated, Intellectual Property Rights in or related to the Website and the contents on the Website shall belong to Niche Inc. and/or its licensors. "Intellectual Property Rights" shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection. All rights not expressly provided to You herein are reserved. You may view, download for caching purposes only, and print pages from the Website for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You shall not (i) republish material from this Website (including republication on another Website); (ii) sell, rent, or sub-license material from the Website; (iii) show any material from the Website in public; (iv) reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose; (v) edit or otherwise modify any material on the Website; or (vi) redistribute material from this Website except for content specifically and expressly made available for redistribution.

4. Acceptable Use

You shall not: use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposeor activity. use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystrokelogger, rootkit, or other malicious computer software. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website without Our express written consent. use this Website to transmit or send unsolicited commercial communications. use this Website for any purposes related to marketing without Our express written consent. cut, copy, recreate, reverse engineer, or create derivative works from, transfer, or sell Content. disrupt or interfere with the security of, or otherwise cause harm to, the Website or any affiliated or linked applications; violate any applicable laws or regulations for the time being in force; license, sublicense, sell, rent, assign, distribute, timeshare transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in, or make the Website available to any third party;use the Website to transmit infringing, libelous, obscene, threatening, malicious code, orotherwise unlawful, unsafe, abusive, or tortious material, or to store or transmit material inviolation of third-party privacy rights. Certain areas of the Website are restricted from access by You. We may at Our sole discretionrestrict further access to the Website at any time. Any user id and password You may have for this Website are confidential and You must maintain confidentiality of such information.

5. Your Content

In these Terms, "User Content" shall mean material (including without limitation text, images, audio material, video material, and audio-visual material) that You submit to this Website, for any reason. You grant Us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the User Content in any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. User content must not be illegal or unlawful and must not infringe any third party's Intellectual Property Rights, and shall not give rise to legal action whether against You or Us. You representand warrant that You have all the necessary authorization and approval to share such User Content with Us. You shall not submit any User Content to the Website that is or has ever been the subject ofany threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to this Website by You. Not withstanding anything contained above, We shall not be responsible or liable for monitoring the User Content submitted by You on the Website.

6. Third-Party Links

The Website may contain links to third-party websites or services. These linked websites are solely provided for Your convenience and We do not in any manner endorse such third-party websites. You agree and acknowledge that Your use of such third-party websites is at Your sole discretion. We do not undertake any responsibility for the availability or actions of such third-party websites, which are subject to the third party's terms and conditions and privacy policy.

7. Compliance with The Law

You shall use this Website strictly in accordance with these Terms and the applicable laws. You agree not to use this Website in any manner that negatively impacts Our goodwill or reputation. You shall not undertake any actions or omissions that might cause Us to be in breach of any applicable laws. In addition to this, You are solely responsible for compliance with the laws of Your local jurisdiction and any other laws applicable to You in Your use of the Website.

8. Disclaimer

This Website is provided on an "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, We do not warrant that: this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate, or non-misleading.

9. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Niche Inc. TOGETHER WITH ITS AFFILIATES UNDER ANY CIRCUMSTANCE IN CONNECTION TO THESE TERMS IS LIMITED TO USD 100.

10. Indemnification

You shall indemnify, defend and hold Us harmless from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs, and expenses, including attorneys' fees and expenses) or any other loss that may occur, arising from or relating to Your User Content, Your use of the Website and any other violation of these Terms by You.

11. Modification

We shall at Our sole discretion amend these Terms from time to time, in which case the new Terms will supersede prior versions.

12. Assignment

You shall not assign any of the rights, interests, and obligations under these Terms without the written consent of Us. We may assign this Agreement including any rights, interests, and obligations under these to any third party without obtaining Your prior written consent.

13. Governing Law And Jurisdiction

These Terms shall be governed by the laws of the State of Nevada. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts in Nevada.

14. Disputes

You agree that any dispute or claim arising out of Your use of the Website or any products or services sold on the Website, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.
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Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the most current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference unless an in-person hearing is requested by either party. In that case, the hearing will take place in Clarke County, Nevada. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.
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Disputes may also be referred to another arbitration organization if you and Niche Inc. agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. You and Niche Inc. each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, group, or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Niche Inc. each waive any right to a jury trial. You and Niche Inc. also each agree that notwithstanding this agreement to only arbitrate disputes as stated above, You or Niche Inc. may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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If this arbitration provision is found to be null and void, then all disputes arising under the Terms of Use between Niche Inc. and You will be subject to the jurisdiction of the state and federal courts located in Nevada, and You and Niche Inc. hereby submit to the personal jurisdiction and venue of these courts. You and Niche Inc. agree that if for any reason a dispute proceeds in court rather than arbitration: (1) You and Niche Inc. waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither You nor Niche Inc. may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
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This agreement to arbitrate will not preclude You or Niche Inc. from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Niche Inc. from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Niche Inc.'s intellectual property rights.
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Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: 344 Perry Ellis Dr. Henderson NV 89014. The notice must be sent within 30 days of your first use of the Website; otherwise, you shall be bound to arbitrate disputes according to these Terms of Use. If you opt out of these arbitration provisions, Niche Inc. also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Niche Inc. may restrict your use of the Website or the services made available via the Website.

15. Protection Of Your Client Relationships And Non-Solicitation

15.1. No Intentional Contact

Niche Inc. and its affiliated platform partners shall not intentionally contact, solicit, or otherwise engage with any client or prospective client of yours during your engagement with our services without your prior express written consent.

15.2. Accidental Contact

In the event that unintentional contact occurs, the party responsible shall immediately cease further communication upon discovery and take all reasonable steps to prevent any recurrence.

15.3. No Licensing Agreement for Client Contact

There is no licensing agreement included in the signup process, or otherwise, that grants Niche Inc. or its partners the right to establish direct relationships with your clients. All client relationships remain solely under your control and responsibility.

15.4. Breach and Remedies

Any intentional violation of this section shall be deemed a material breach of these Terms, entitling you to pursue all available legal and equitable remedies, including injunctive relief.

Section 16: Fees, Billing, And Payment Terms

16.1 Fees and Billing

All fees for services, platform access, advertising spend, licenses, and any other charges (collectively, "Fees") shall be invoiced by Niche Inc. as incurred or in advance, as applicable. Payment is due immediately upon issuance of invoice. Client authorizes Niche Inc. to charge any payment method on file at the time of billing.

16.2 Failure to Pay

If payment is not successfully processed at the time of billing Niche Inc. reserves the right to suspend or terminate services immediately, without liability. Client remains responsible for all incurred Fees. Niche Inc. may retry payment or pursue collection of outstanding amounts. Client shall be responsible for all reasonable costs of collection, including legal fees.

16.3 Budgeting, Spend Adjustments, and Overages

Client acknowledges that any budgets, projections, or estimates provided are non-binding and subject to change based on performance needs, platform requirements, or third-party cost fluctuations. Niche Inc. reserves the right to adjust campaign spend, allocations, or service levels as reasonably necessary. Continue services beyond stated budgets to prevent interruption, performance degradation, or contractual breach with third parties. All such amounts shall be billable to Client, and due immediately upon invoicing. Failure to approve or fund updated budgets does not relieve Client of responsibility for costs already incurred.

16.4 Rebilling and Corrections

Niche Inc. reserves the right to rebill for any previously unbilled, underbilled, or incorrectly billed amounts, and/or correct invoicing errors at any time. Any such corrected or additional amounts shall be due immediately upon issuance of the updated invoice, regardless of original invoice timing.

16.5 Third-Party Costs, Licenses, and Upgrades

Client acknowledges that services may require third-party platforms, software, subscriptions, advertising spend, APIs, or upgraded service tiers ("Third-Party Costs"). Client agrees that all Third-Party Costs are Client's responsibility. Niche Inc. may incur such costs on Client's behalf and rebill Client accordingly. Required upgrades, additional licenses, or increased usage levels may be implemented without prior approval where reasonably necessary to deliver services. All such costs shall be included in Client invoices, and due immediately upon billing. Niche Inc. shall not be responsible for third-party pricing changes, outages, or performance.

16.6 Taxes

All Fees are exclusive of applicable taxes, including but not limited to sales tax, use tax, VAT, or similar governmental charges. Client shall be responsible for all such taxes, except those based solely on Niche Inc.' net income. Where Niche Inc. is required to collect or remit taxes such amounts will be added to invoices, and payable by Client upon billing. Valid exemption documentation must be provided prior to invoicing to be honored.

16.7 No Setoff

Client shall pay all amounts due without setoff, deduction, or withholding, including for any disputes or claims.

16.8 Suspension of Services

Niche Inc. may, at its sole discretion suspend or limit services for non-payment, failed payment method, or insufficient funding, and/or modify service levels to align with available funding. Niche Inc. shall have no liability for any impact resulting from such suspension or modification.

16.9 No Refunds

All Fees are non-refundable once incurred, including but not limited to Advertising spend, third-party costs, setup, onboarding, or implementation services. Refunds may be considered by Niche Inc. on a case by case basis.

Terms & Conditions