Terms of Use
Last Updated: August 4, 2024
Please read these Terms of Use carefully before accessing or using any part of this platform. By accessing or using the service, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use the service.
1. Acceptance of Terms
These Terms of Use constitute a legally binding agreement between you and Nittoka ("we," "us," or "our") governing your access to and use of nittoka.com and all related services, tools, and features (collectively, the "Service"). Your continued use of the Service following any updates to these terms constitutes acceptance of the revised terms.
2. Eligibility
You must be at least 18 years of age and capable of entering into a legally binding agreement to use this Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
3. Description of Service
Nittoka provides an automated compliance reporting platform delivered as a software-as-a-service solution. The Service enables users to generate, manage, and review compliance-related documentation and reports remotely. Features, functionality, and availability may change at any time without prior notice.
4. Account Registration and Security
Access to certain features of the Service requires registration of an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.
5. Permitted Use
You may use the Service only for lawful purposes and in accordance with these terms. You agree not to use the Service in any way that violates applicable laws or regulations, infringes the rights of others, or interferes with the proper functioning of the platform.
5.1 Prohibited Activities
Without limiting the above, you must not:
— Attempt to gain unauthorized access to any part of the Service or its infrastructure
— Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
— Use automated tools, bots, scrapers, or crawlers to access or collect data from the Service without express written permission
— Upload, transmit, or distribute malicious code, viruses, or any content that could harm the Service or its users
— Impersonate any person or entity or misrepresent your affiliation with any person or entity
— Use the Service to send unsolicited communications or engage in any form of spam
— Resell, sublicense, or otherwise commercialize access to the Service without prior written authorization
6. Intellectual Property
All content, features, software, design elements, trademarks, and materials available through the Service are the exclusive property of Nittoka or its licensors and are protected by applicable intellectual property laws. Nothing in these terms grants you any ownership interest in the Service or its content.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these terms. This license does not include the right to copy, modify, distribute, sell, or create derivative works from any part of the Service.
7. User-Submitted Content
You may submit, upload, or otherwise provide data, documents, and other content through the Service ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Nittoka a limited, worldwide, royalty-free license to process, store, and display that content solely to the extent necessary to provide the Service to you.
You represent and warrant that you have all necessary rights to submit your User Content and that doing so does not violate any third-party rights or applicable law. We do not endorse any User Content and accept no liability for it.
8. Privacy and Data
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. We handle all personal data in accordance with applicable data protection principles.
9. Third-Party Services and Links
The Service may contain links to or integrations with third-party websites, tools, or services. These are provided for convenience only. We have no control over and assume no responsibility for the content, privacy practices, or terms of any third-party services. Accessing third-party services is at your own risk.
10. Service Availability and Modifications
We strive to maintain consistent availability of the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
11. Fees and Payment
Certain features of the Service may require payment. All fees are described in the applicable subscription plan or service agreement. You agree to pay all applicable fees in accordance with the billing terms presented at the time of purchase. All fees are non-refundable unless otherwise stated in a separate written agreement or required by applicable law.
We reserve the right to change pricing at any time. Any changes to fees will be communicated in advance and will apply to the next billing cycle.
12. Disclaimers
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the Service will meet your specific requirements, that results obtained through the Service will be accurate or reliable, or that any errors will be corrected. Compliance reporting generated through the Service is provided as a tool to assist your processes and does not constitute legal, regulatory, or professional advice.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Nittoka and its affiliates, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Service.
Our total cumulative liability to you for any claims arising under or related to these terms shall not exceed the total amount you paid to us in the twelve months preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100.00), whichever is greater.
14. Indemnification
You agree to indemnify, defend, and hold harmless Nittoka and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Service, your User Content, your violation of these terms, or your violation of any third-party rights.
15. Term and Termination
These terms remain in effect for as long as you use the Service. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination, including intellectual property rights, disclaimers, limitations of liability, and indemnification, shall survive.
You may terminate your account at any time by contacting us at [email protected].
16. Changes to These Terms
We reserve the right to update or modify these Terms of Use at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you through the Service or by email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised terms. If you do not agree with any changes, you must discontinue use of the Service.
17. Governing Principles
These terms are intended to be interpreted in a manner consistent with fairness and good faith. If any provision of these terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
18. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Nittoka with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements relating to the subject matter herein.
19. Contact Us
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:
Nittoka
4400 Victoria Ave E, Regina, SK S4Z 1A5, Canada
Email: [email protected]
Phone: +1 (418) 545-0005