Last Updated on June 9, 2021.
Welcome to Nimi!
ARBITRATION NOTICE: You agree that disputes between you and us will be resolved by binding, independent arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
The Nimi Service
Nimi is a companion app designed for a group of friends taking a trip together. It is deeply sentimental and people-centric in its implementation. We are focused on the emotional importance that these trips have for people, and help them turn their travel memories into a lifetime digital asset.
Applicable laws and this Agreement.
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
License and warranty for your submissions to Nimi, Inc.
You own the information you provide Nimi, Inc. under this Agreement, and may delete it at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
Additionally, you grant Nimi, Inc. a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, modify, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Nimi, Inc., including but not limited to any user generated content, ideas, concepts, techniques, data, or information contained in or accessible by means of Third Party Accounts (defined below) you submit to Nimi, Inc. or permit Nimi, Inc. to access, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Nimi, Inc. profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Nimi, Inc. account, (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of Nimi, Inc., including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Your use of Nimi, Inc. and certain of its mobile applications may require the interaction of Nimi, Inc. (including without limitation technology controlled by Nimi, Inc.) with your user account for other web and mobile applications and services (“Third Party Accounts”). We may require use of and access to your Third Party Accounts to register for or maintain a Nimi, Inc. account or to employ certain Nimi, Inc. functionality. You represent and warrant that you have the right to grant, and do hereby grant, to Nimi, Inc. an irrevocable, perpetual, worldwide, fully paid up, nonexclusive, transferable, sublicensable license to use any information associated with a Third Party Account you maintain or control, including without limitation your login credentials, in order to perform Services or otherwise access such Third Party Accounts as may be necessary to allow you to use Nimi, Inc. You acknowledge and agree that Nimi, Inc. will access information contained in Third Party Accounts in order to perform Services or allow you to use Nimi, Inc.. Do not use Nimi, Inc. if you do not have the right to or wish to allow Nimi, Inc. to access Third Party Accounts and any information contained therein.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Nimi, Inc.’s Services or Applications.
You can use most Nimi, Inc. functionality for free. From time to time, we may offer certain services for a fee. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (each a “Premium Service”), you agree to Nimi, Inc. storing your payment card information. You also agree to pay the applicable fees for the Premium Service (including, without limitation, periodic fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that Nimi, Inc.’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, notice shall consist of an email from Nimi, Inc. to an email address associated with your account, even if we have other contact information. You also agree that Nimi, Inc. may communicate with you through your Nimi, Inc. account or through other means including email, mobile number, or push notifications. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information in your account with us, including, but not limited to, your failure to receive critical information about the Service or any Nimi, Inc. application.
User-to-User Communication and Sharing (Nimi, Inc. Groups or “Trips”, Updates, etc.).
Nimi, Inc. may offer certain forums and blogs, such as Trips, where you can post your observations, photos and comments on topics and to groups that you create or join. Nimi, Inc. may also enable sharing of information by allowing users to post updates, including links to news articles and other information to their Trips. Ideas you post and information you share may be seen and used by other Users, and Nimi, Inc. cannot guarantee that other Users will not use the ideas and information that you share on Nimi. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Nimi, Inc. group or elsewhere on within Nimi, Inc. Services or applications. Nimi, Inc. IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY Nimi, Inc. GROUP FORUM.
Your use of Nimi, Inc. services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, personal, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Nimi, Inc.), view information and use the Services that we provide on Nimi, Inc. webpages, within Nimi and in accordance with this Agreement. Any other use of Nimi, Inc. contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Nimi, Inc. commercially unless expressly authorized by Nimi, Inc.) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Nimi, Inc. and all related items.
OUR RIGHTS AND OBLIGATIONS.
For as long as Nimi, Inc. continues to offer the Services, Nimi, Inc. shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Nimi, Inc. as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Nimi, Inc. further reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice if deemed by Nimi, Inc. in its sole discretion to be contrary to this Agreement. For avoidance of doubt, Nimi, Inc. has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
In addition to accessing Third Party Accounts, Nimi, Inc. may include links to third party web sites (“Third Party Sites”) on its Website, within a Nimi, Inc. mobile application and/or Service, and elsewhere. Nimi, Inc. may also elect, in its sole discretion, to allow Platform Developers to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Nimi, Inc..
Nimi, Inc. is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Third Party Accounts. Nimi, Inc. also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Nimi, Inc. account, that application or website may be able to access information on Nimi, Inc. related to you and your connections.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose (i) your registration and any other information you provide and (ii) information contained in Third Party Accounts (including without limitation contact lists, friend lists, photos, personal information about you or others, login criteria, user IDs, passwords, and browsing or transaction history) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; (5) communicate with a potential partner or acquiror in an actual or contemplated business transaction about the nature and scope of our business, technology or user base; (6) protect the rights, property, or personal safety of Nimi, Inc., our Users or the public; or (7) perform Services and allow you to access Nimi, Inc..
Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. Nimi, Inc. may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Nimi, Inc. reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Nimi, Inc. determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Nimi, Inc. USER “DOS” and “DON’TS.”
As a condition to access Nimi, Inc., you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
B. Don’t undertake the following:
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON NIMI, INC. GROUPS OR APPLICATIONS, ANY INFORMATION THEREIN, OR THE CONTINUATION OF ANY OF THESE. WE PROVIDE THE PLATFORM FOR NIMI, INC., AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND AGREE TO BE RESPONSIBLE FOR ANY DAMAGE INCURRED THEREBY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NIMI, INC. OR ANYTHING RELATED TO NIMI, INC, YOU MAY CLOSE YOUR NIMI, INC. ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION LABELED “TERMINATION” AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
NIMI, INC. IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR CONTENT SENT THROUGH NIMI, INC. TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF NIMI, INC. WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE OR IN A NIMI, INC. GROUP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE OR TECHNOLOGY.
NIMI, INC. DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, NIMI, INC. DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
NIMI, INC. DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NIMI, INC. DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NIMI, INC. DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF NIMI, INC. DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR MOBILE NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Nimi, Inc. nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Nimi, Inc. Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Nimi, Inc.. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that Nimi, Inc. may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Nimi, Inc. and the concurrent deletion of Nimi, Inc. Service (including without limitation applications) from each of your devices. This notice will be effective upon Nimi, Inc. processing your notice. Nimi, Inc. may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in a notice. For avoidance of doubt, only Nimi, Inc. or the party paying for the services may terminate your access to any Premium Services. Termination of your Nimi, Inc. account includes disabling your access to Nimi, Inc. and may also bar you from any future use of Nimi, Inc. Services.
B. Misuse of the Services.
Nimi, Inc. may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect against their wishes; abusing the Nimi, Inc. messaging services; creating multiple or false profiles; using the Services commercially without Nimi, Inc.’s authorization, infringing any intellectual property rights or any other behavior that Nimi, Inc., in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Nimi, Inc. has adopted a policy of terminating accounts of Users who, in Nimi, Inc.’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination.
Upon the termination of your Nimi, Inc. account, you lose access to the Services. In addition, Nimi, Inc. may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections (“Your Rights”) and (“Our Rights and Obligations”) hereof.
9. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process.
In addition to Section 2.H. (“Notices and Service Messages”), we may notify you via postings on Nimi appapp.com. You may contact us via e-mail at: firstname.lastname@example.org
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