Terms of use
Last update : 13th december 2025
Overview and Scope
The Services are designed for sophisticated users who understand the risks of automated trading and digital assets. By using the Services, you represent that you have the knowledge and experience to evaluate the merits and risks of algorithmic and automated trading. Please read these Terms of Service (these “Terms”) carefully before you start to use this website.
The website, including but not limited to https://getnick.ai (the “Site”), is owned and operated by NickAI Inc. (“us,” “we,” “our,” or the “Company”). The Company and its affiliates provide the Site to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms.
The Site, tools, webapp, and all other applications that make up the NickAI Platform (the “Platform”) and the various features, experiences, and services made available via the Platform (together with the Site and Platform collectively referred to as our “Services”) are subject to these Terms.
PLEASE READ THE FOLLOWING MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Effect
YOUR USE OF THE SITE OR ANY OF OUR SERVICES MANIFESTS YOUR AGREEMENT TO BE BOUND BY THESE TERMS EACH TIME YOU ACCESS OR USE THEM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE OR ACCESS THE SITE OR OUR SERVICES.
These Terms constitute a legally binding agreement between you and the Company. By using the Site and/or our Services, you represent and warrant that you:
(a) Have read and understood these Terms;
(b) Are at least 18 years of age or older and of legal age to enter into a binding agreement;
(c) Are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country;
(d) Accept these Terms and agree that you are legally bound by them; and (e) Acknowledge that these Terms are a contract between you and the Company, even though it may be electronic and may not be physically signed by you or the Company, and it governs your use of the Site and our Services.
(e) Acknowledge that these Terms are a contract between you and the Company, even though it may be electronic and may not be physically signed by you or the Company, and it governs your use of the Site and our Services.
General Use, License, and Termination
The Site and Services are intended for use by individuals who are 18 years of age or older. Any use of the Site or Services by people under 18 years of age will result in immediate termination of their access. The Site and Services are not intended for or directed at children under the age of 13.
The Company grants you a personal, limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to use the Site and Services, for your internal business or personal purposes according to the service capacity of your account. You may view, copy, download, or print materials from the Site for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing these materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein, and any rights not expressly granted herein are reserved. No license or right to use any trademark of the Company or any third party is granted to you in connection with our Services.
We may periodically offer updates, upgrades, or other modifications to our Services for functionality, security, or other purposes. We reserve the right to cease providing any of our Services at any time, with or without notice. You acknowledge that your use of the Site and our Services is at our sole discretion and that we may terminate your license to use the Site or Services at any time, for any reason or for no reason. We reserve the right, at our sole discretion, to refuse service, block or prevent future access to the Site or Services, terminate any user’s account, and remove or edit any material submitted to the Site through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.
Prohibited Conduct and Activities
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from:
(a) Modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site or any of the content thereon;
(b) Bypassing any technical measures used to prevent or restrict access to any portion of the Site or our Services;
(c) Reverse-engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser;
(d) Using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content;
(e) Circumventing or attempting to circumvent the security of the Site or Services;
(f) Interfering or attempting to interfere with the proper working of the Site or otherwise engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site or expose them to liability;
(g) Altering or modifying, or attempting to alter or modify, any part of the Site or Services;
(h) Attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing, or any other means;
(i) Accessing or attempting to access password-protected, secure, or non-public areas of the Site, except as authorized by the Company;
(j) Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or any systems or networks connected thereto;
(k) Using reports, content, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website; (l) Engaging in any activity that markets another business or attracts the Company’s users to a third party;
(m) Making commercial use of the Site or any of its content without our express written permission;
(n) Using the Site to stalk, harass, bully, or harm another person;
(o) Using our Services for personal crises, real-life emergencies, or serious matters, especially with respect to AI interactions;
(p) Engaging in or promoting illegal or harmful activities;
(q) Engaging in, facilitating, or simulating market manipulation, spoofing, layering, wash trading, front-running, pump-and-dump schemes, or any deceptive device or contrivance;
(r) Using the Services to attempt denial-of-service, excessive API calls to third parties, credential stuffing, or any activity that could impair our or an exchange’s systems;
(s) Circumventing geoblocking, KYC, or risk controls.
The final decision on whether an account is in violation of any of these Terms is at the sole discretion of the Company. You agree that violations of these Terms by you or any person or entity acting under your account will—without limiting any other remedies—result in the termination of your access to our Services.
User Account
Before you can make use of certain Services, you may be required to register and create an account. You agree and warrant that all information you provide to us, such as contact information and registration information, is truthful, accurate, and up to date. You further agree to maintain the accuracy of your account information and promptly inform us of any changes, including changes to your email address. You must keep your account email address current and maintained by a responsive user at all times.
By creating an account, you consent to receive communications from us electronically via the email address associated with your account. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. While you can opt out of promotional emails, we reserve the right to email you informational or administrative notices regarding your account or the Site as permitted by the CAN-SPAM Act.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We are neither responsible nor liable for any loss, liability, or other injury you may incur due to someone else’s use of your account or password, with or without your knowledge.
You are expressly prohibited from selling, trading, or transferring your account (including the email address associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
Fees, Payment, and Auto-Renewal
Subscriptions automatically renew for successive terms unless canceled before the end of the then-current term. You authorize us and our payment processor to charge all applicable fees, taxes, and charges to your payment method on file. Fees are non-refundable except as required by law or expressly stated otherwise. Prorations do not apply unless we state otherwise.
We may change prices with advance notice effective on the next renewal term; your continued use after the effective date constitutes acceptance. You are responsible for all applicable taxes, duties, and similar assessments; we may collect and remit where required. We may suspend or terminate the Services for non-payment, payment disputes, or suspected fraud. You are responsible for chargeback fees and collection costs.
Fees, Payment, and Auto-Renewal
From time to time, we may make available on the Site or Platform certain services, features, or sections that allow users to post or upload materials (“Content”). You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not the Company, are solely responsible for all Content you upload, post, email, transmit, or otherwise make available through the Site or Services.
You represent and warrant that you own or otherwise control all rights, titles, and interests to any Content you make available through our Services, that the use of any such Content does not violate the intellectual property rights or any other rights of third parties, and that use of Content you provide will not cause injury to any person or entity. Without limiting the foregoing, you represent and warrant you will not:
(a) Provide any Content that is unlawful (according to local, state, federal, or international law) or that advocates illegal activity;
(b) Provide any Content that is defamatory, false, libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material;
(c) Provide any Content that you do not have the right to provide under law or under a contractual or fiduciary relationship;
(d) Provide any Content that infringes or violates the intellectual property rights or privacy rights of others;
(e) Provide any Content that contains software viruses or other harmful devices;
(f) Impersonate any other person or entity, forge headers, or otherwise manipulate identifiers to disguise the origin of any Content.
By posting or submitting Content (excluding your Inputs, as defined below), you hereby expressly grant the Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display such Content, and any ideas, concepts, know-how, or techniques contained therein, for any purpose and in any form or medium now known or later developed. This license does not apply to confidential information from your connected exchange accounts (including balances, positions, or order history). You also waive all moral rights in such Content. If you do not wish to grant these rights, please do not submit any Content. We disclaim any and all liability for Content transmitted via our Services. The opinions expressed in postings or other Content on the Site may not represent the views or opinions of the Company, its advertisers, sponsors, affiliates, or related entities.
We do not guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on our Services is provided “as is.” You understand that by using our Services, you may be exposed to Content that could be inaccurate, offensive, indecent, or objectionable. We are not liable for any errors or omissions in user-generated or third-party Content.
Intellectual Property Rights
Unless otherwise noted, all content provided by our Services and the compilation of the Site is the exclusive property of the Company or its suppliers, licensors, talent, partners, or affiliates, and is protected by U.S. and international copyright laws. All content on the Site is either owned by the Company or is used with the permission of its owner. You agree not to take any actions inconsistent with the Company’s ownership of the Site or its content.
All trademarks, logos, and service marks displayed on our Services belong to the Company or third parties, and the Site’s trade dress belongs to the Company. Any trademarks not owned by the Company are the property of their respective owners and are used by the Company with permission where applicable. Nothing contained on the Site or Platform may be construed as granting any right or license to use any trademark or trade dress without express written permission.
Some products and processes offered on our Services may be covered by patents and/or subject to trade secrets or proprietary rights. You agree not to infringe such rights or decompile, reverse engineer, or disassemble any products or processes on our Services.
Except as expressly authorized, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site. Unauthorized use of any content or materials is strictly prohibited and may violate copyright, patent, and trademark laws, and/or privacy, publicity, communications regulations, and statutes.
Ownership of Inputs, Strategies, and Outputs
As between you and us, you own your prompts, parameter configurations, and strategy settings (“Inputs”). Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, worldwide license to use, reproduce, and create derivative works from the model-generated text, code, or data we output to you (“Outputs”).
You are responsible for evaluating Outputs and ensuring your use does not infringe third-party rights or violate law. Outputs may be similar or identical to outputs provided to others.
We retain all right, title, and interest in and to the Services, models, algorithms, and system data.
You grant us a non-exclusive, royalty-free license to use your Inputs and telemetry about your use of the Services to operate, maintain, secure, and improve the Services and our models. You may opt out of model training by contacting us as described in the Privacy Policy. We do not use your connected-exchange confidential information (including balances, positions, or order history) to train models for other customers. You assign to us all right, title, and interest in any feedback, suggestions, or ideas relating to the Services.
Forward-Looking Statements
Certain statements contained on our Site or in our Services, including statements in press releases or in publicly accessible locations, may constitute forward-looking statements (including regarding intent, belief, or current expectations).
Do not place undue reliance on these forward- looking statements, as they involve known and unknown risks, uncertainties, and other factors that may cause actual future results to differ materially. No independent third party has reviewed the reasonableness of any such statements. These forward-looking statements are valid only as of the date indicated, and we expressly disclaim any responsibility to update or revise them.
Correction of Errors and Inaccuracies; Limitations on Services
Our Services are provided “as is,” and we do not warrant that they will be uninterrupted or error- free. The information on the Site may contain typographical errors or inaccuracies and may not be complete or current.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We are not responsible for typographical or other errors regarding service descriptions or availability. We also reserve the right to limit the scope of services (including after you have submitted your request). We apologize for any inconvenience this may cause you.
Enforcement
You acknowledge that your use of our Services is at our sole discretion and your license to use our Services may be terminated at any time, for any reason or no reason. We reserve the right to refuse service, block, or prevent future access to or use of the Site, suspend the Services, terminate any user’s account, and remove or edit any material submitted through your account, all in our sole discretion.
Upon termination, your license to the Services ends and you must cease use. We have no obligation to maintain or provide any of your data after 30 days following termination, except as required by law. We may retain minimal account records for legitimate business purposes.
We also reserve the right, but do not have the obligation, to investigate any suspected violation of these Terms or any misuse of the Site, and to review, monitor, or remove any Content at our sole discretion for any reason or no reason, with or without notice.We shall not be liable for any alteration or deletion of any Content.
You acknowledge and agree that we may access, preserve, and disclose any inappropriate conduct, your account information, or any other information related to the Site if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to:
(a) Comply with legal processes initiated by law enforcement authorities, financial regulators, or any other legal authority;
(b) Enforce these Terms;
(c) Respond to claims or allegations from third parties or authorities regarding your Content;
(d) Respond to your requests for customer service; or
(e) Protect the rights, property, or personal safety of the Company, its affiliates, personnel, other users, or the public.
User Representations and Warranties
By accessing and using our Services, you represent and warrant that:
(a) You will not rely solely on any statements or information on the Site or Platform in making any decision (including purchases, sales, donations, transfers, or other transactions);
(b) You will comply with all laws, regulatory requirements, or restrictions applicable to you at your own expense;
(c) Your Content and activities in connection with our Services do not violate, infringe, or misappropriate any third party’s copyright, trademark, privacy, publicity, or other proprietary right;
(d) Your Content is not defamatory, abusive, tortious, offensive, or harassing, and does not otherwise violate these Terms.
Not Investment Advice
The Platform provides AI-powered trading tools and automated execution systems. We do not provide investment advice, financial advice, trading advice, or any other form of advice. All trading signals, portfolio suggestions, and automated strategies generated by our AI systems are for informational and educational purposes only. You should not treat any of the Platform's outputs as personalized investment recommendations.
We are not acting as your broker, intermediary, agent, advisor, or in any fiduciary capacity. No communication, signal, or automated action by our Platform should be construed as investment advice. We have no fiduciary relationship or obligation to you. Our relationship is solely that of a technology service provider. You are solely responsible for all investment decisions. You retain complete control over whether to execute any trades suggested by the Platform. You must determine whether any trading strategy or transaction is appropriate based on your personal investment objectives, financial circumstances, and risk tolerance. Consult your own financial, legal, and tax advisors before making investment decisions.
Our AI-powered tools use algorithms, machine learning, and data analytics to generate trading signals. These automated systems have inherent limitations and may not account for all market factors, your personal circumstances, or unforeseeable events. AI models may contain biases, errors, or outdated assumptions. Past performance of any strategy does not guarantee future results.
We are not responsible for any losses, gains, or other results based on the Platform. You grant us a limited, revocable mandate to transmit order instructions to your connected exchanges strictly as automated execution of parameters you set. We do not take or hold title or control of your assets and do not provide custody. Your use of any exchange remains subject to that exchange’s terms, fees, and rules.
We are not responsible for exchange outages, order rejections, partial fills, delays, slippage, margin calls/liquidations, forks, halts, delistings, erroneous price feeds, network congestion, or third- party failures. You are solely responsible for maintaining sufficient balances, margin, and collateral at your exchange(s). You bear all risks of leverage and derivatives (if enabled), liquidations, and associated costs and fees. You acknowledge that automated strategies may generate, modify, or cancel orders rapidly. You are responsible for monitoring strategy behavior and disabling or adjusting strategies to prevent unintended orders.
Regulatory Status
The Company is a technology provider. We are not a broker, dealer, investment adviser, commodity trading advisor, commodity pool operator, money transmitter, payment institution, exchange, alternative trading system, or custodian. We do not execute trades, match orders, provide settlement, or hold customer funds or assets.
No Money Transmission; No Custody
We never take possession or control of your fiat or digital assets. We do not transmit money or digital assets and do not offer custodial services.
Sanctions and Restricted Jurisdictions
We may geoblock, restrict features, or terminate access to comply with applicable laws. CRYPTOCURRENCY RISK WARNING Digital assets are extremely volatile and speculative investments. You could lose your entire investment. Cryptocurrency values can fluctuate wildly. Crypto assets are:
Not legal tender or backed by any government
Not covered by FDIC, SIPC, or other investor protections
Subject to technology risks including hacking, loss of private keys, and platform failures
` Vulnerable to regulatory changes that could eliminate their value
Traded on markets with limited oversight and potential manipulation Only invest what you can afford to lose completely. The high-risk nature of cryptocurrency makes it unsuitable for many investors.
Sanctions and Restricted Jurisdictions
You represent and warrant that you (and any beneficial owners) are not (a) located in, organized in, or a resident of any jurisdiction subject to comprehensive U.S. sanctions, (b) on any U.S., UK, EU, or UN restricted party list, or (c) using the Services for or on behalf of any restricted party. You agree not to use the Services to evade sanctions or in violation of export control, anti-money laundering, or counter-terrorist financing laws.
Self – Custodial Wallet
We are not a wallet provider and do not create or store private keys or seed phrases for you. The Platform may allow you to connect to a cryptocurrency exchange and otherwise allow you to store digital assets through a wallet. Any wallet function you access is provided by a third-party provider subject to their terms. That wallet is a 'self-custodial' wallet, meaning you hold the private keys that control the digital assets, not us or any third party. We do not have control or access to the contents of your wallet. Accordingly, if you lose access to credentials needed to access your wallet, that is not our responsibility. Lost or compromised credentials for your self- custodial wallet may be unrecoverable, and we have no ability to restore access. In addition, unlike a bank account or other centralized financial services or products, we do not store or memorialize account activity in account statements. Again, you and you alone are responsible for tracking the contents of your wallet and all transactions, including managing the tax treatment of the same. Aspects of purchase and sale transactions are recorded on the public blockchain that underlies the respective tokens, but we do not administer or control that blockchain. You expressly acknowledge and agree that your account contains a self-custody wallet and that you are solely responsible for safeguarding, protecting, and using the wallet. Likewise, you own and control all digital assets held in your wallet. As the owner of your wallet, you bear all risk of loss; we will have no liability for any fluctuations or loss associated with your use of our Services.
AI Capabilities
Our AI agents use pattern recognition algorithms to analyze historical price movements and technical indicators. These mathematical models identify potential trading opportunities based on past market behavior but cannot predict future market movements with certainty. Certain features of our AI-first Services include:
(a) Our automated execution system, which follows user-defined trading strategies, placing orders when specific technical conditions are met. The system operates 24/7 but executes only within the parameters you set.
(b) Our risk management tools, which use statistical models to help manage position sizes and exposure levels according to your preset risk tolerance. These tools assist in systematic risk management but cannot eliminate market risks.
(c) Our data processing engine, which aggregates real-time price feeds and applies technical analysis algorithms. The system processes structured market data but does not analyze news, social media, or fundamental factors.
As part of using the Services, you choose from pre-built strategies based on established trading methodologies. Each strategy follows specific mathematical rules and has been tested on historical data, though past performance does not indicate future results. Users should understand (and by using the Services represent and warrant that they understand) that either the Platform or our AI:
(a) Cannot predict unprecedented market events;
(b) May produce false signals during unusual market conditions;
(c) Requires regular monitoring and adjustment; and
(d) Is only as effective as the strategies and parameters you choose.
Emerging AI Technology Risk Disclaimer
Artificial Intelligence and machine learning technologies are rapidly evolving and experimental in nature. The AI-powered features which are part of the Services represent emerging technology that:
(a) Is still under active development and improvement;
(b) May contain undiscovered defects, errors, or limitations;
(c) Could behave unpredictably in new or unusual market conditions;
(d) Has not been tested across all possible market scenarios;
(e) May produce unexpected results without warning.
YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS NOT FULLY MATURE AND ITS LONG-TERM PERFORMANCE IN CRYPTOCURRENCY MARKETS IS UNPROVEN.
AI-powered trading tools REQUIRE active human supervision and should NEVER be left to operate without oversight. Users must monitor AI operations, review AI-generated trades (or assume the risk of allowing for automated execution), maintain oversight controls, intervene when necessary, and adjust investment parameters based on your personal financial risk tolerance and other factors only you are privy to, and the Company is not and cannot know.
FAILURE TO SUPERVISE AI TOOLS MAY RESULT IN SUBSTANTIAL FINANCIAL LOSSES, UP TO AND INCLUDING THE ENTIRETY OF YOUR INVESTMENTS.
Links to Third-Party Services
Our Services may contain links to third-party websites or resources. We do not control these sites or resources, which may have separate terms of service and privacy policies. We do not endorse and are not liable for any content, advertising, products, or other materials available from such sites or resources. Use third-party sites at your own risk and review their terms of service and privacy policies as applicable.
Disclaimer of Warranties
We do not guarantee any service level, uptime, or response times. We may modify, suspend, or discontinue any part of the Services at any time without notice or liability.
THE COMPANY IS ACTING SOLELY AS A TECHNOLOGY PROVIDER AND NOT AS A FINANCIAL ADVISER OR FIDUCIARY. NOTHING ON OR IN OUR SERVICES CONSTITUTES OR SHOULD BE CONSTRUED AS LEGAL, INVESTMENT, OR PROFESSIONAL ADVICE, NOR AS A RECOMMENDATION OR OFFER REGARDING SECURITIES, CURRENCY, OR ANY FINANCIAL INSTRUMENT.
ALL INFORMATION ON OUR SERVICES IS PROVIDED STRICTLY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES AND DOES NOT CONSTITUTE ANY FORM OF PROSPECTUS, OFFER DOCUMENT, OR SOLICITATION FOR INVESTMENT. NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED ANY INFORMATION SET OUT ON OUR SITE. ACCESS AND USE OF OUR SITE AND PLATFORM ARE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT:
(a) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE;
(b) THE RESULTS OR OUTPUT FROM THE AI FEATURES WILL BE ACCURATE OR RELIABLE;
(c) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED;
(d) ANY INFORMATION YOU RECEIVE OR DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS.
THE SITE IS CONTROLLED AND OPERATED BY THE COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT MATERIALS ON THE SITE ARE LEGAL OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY OF ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND—UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE)—ARISING FROM OR OTHERWISE RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:
(a) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
(b) LOSS OF PROFITS, REVENUE, DATA, OR USE,
(c) PROPERTY DAMAGE, PERSONAL INJURY, COST OF SUBSTITUTE GOODS OR SERVICES,
(d) ATTORNEYS’ FEES, OR
(e) LOSS OF TRADING PROFITS, SLIPPAGE, EXCHANGE OUTAGES, FAILED, DELAYED, OR MIS-ROUTED ORDERS, LIQUIDATIONS, PRICE FEED ERRORS, OR DATA INACCURACIES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF THE SITE OR SERVICES EXCEED THE AMOUNT YOU PAID TO THE COMPANY (IF ANY) FOR ACCESSING OUR SERVICES WITHIN THE PRECEDING THREE (3) MONTHS. WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification and Remedies
You agree to indemnify, defend, and hold harmless the Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors from and against any claim, demand, damages, costs, expenses, and liabilities (including reasonable attorneys’ fees) that arise out of or relate to:
(a) Your use or misuse of the Site or any Services;
(b) Your violation of applicable laws or regulations;
(c) Your Content or postings on the Site or Platform;
(d) Your breach of any provision of these Terms or any warranty you provide herein.
(e) any third-party claims, investigations, penalties, or governmental inquiries arising out of (i) your use of automated execution, (ii) your violation of exchange terms, (iii) your infringement or misappropriation of intellectual property, (iv) alleged market manipulation or abusive trading, or (v) your violation of sanctions or export control laws.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to your indemnification. In such event, you agree to fully cooperate with our defense. If you are dissatisfied with the Site or Services, or have any other dispute or claim with us, your sole and exclusive remedy is to discontinue using our Services. Mutual Arbitration Agreement; Class Action/Jury Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your rights.
(a) Agreement to Arbitrate You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect, except as modified here.
(b) Small Claims Carve-Out Either party may bring an individual action in small claims court in Delaware for Disputes within that court’s jurisdiction.
(c) Class and Representative Action Waiver ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
(d) Delegation and Arbitrability The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
(e) Venue, Seat, and Language Arbitration will be conducted by a single arbitrator, in English, seated in Wilmington, Delaware, unless the parties agree otherwise.
(f) Injunctive Relief Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to preserve the status quo pending arbitration.
Choice of Law and Venue
The laws of the State of Delaware govern these Terms, without regard to conflict-of-law principles. For any action permitted to be brought in court under these Terms (such as for small claims or injunctive relief), the parties agree to the exclusive jurisdiction of the state and federal courts located in Delaware.
Export Control
You acknowledge that certain products, software, and technical information provided by the Company may be subject to U.S. export laws and regulations, as well as those of other countries. You agree to comply with all such laws and regulations in your use, transfer, or access of the Site and Services. You agree to sign any and all necessary export-related documents requested by the Company to comply with export laws.
General Terms
These Terms, including any documents referenced herein, represent the entire understanding between you and the Company regarding your relationship with us and your use of our Services. They supersede all other agreements, express or implied, written or oral.
In the event of conflict or ambiguity between the English version of these Terms and a translated version, the English version shall prevail. These Terms shall not be modified except in writing, signed by an authorized representative of the Company, or as otherwise provided herein.
The provisions that by their sense and context are intended to survive the performance of these Terms shall survive termination, including provisions relating to disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, arbitration, and indemnification.
If any provision of these Terms is held to be invalid or unenforceable, the remainder of the Terms shall remain in effect, and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that comes closest to the intention underlying the original provision.
The Company’s failure to act with respect to a breach by you or others does not constitute a waiver of our rights regarding that breach or any subsequent breach. Notwithstanding any provision of these Terms, the Company has all remedies at law or equity to enforce these Terms. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company. Neither party has authority to bind the other in any manner. The Company may assign these Terms or any rights hereunder and may sublicense any and all of its rights hereunder. You may not assign or delegate any of your rights or obligations without the Company’s prior written consent, and any attempt to do so without consent is null and void.
Security; Credentials
You are responsible for safeguarding your account credentials, API keys, seed phrases, and private keys. We will never request your private key or seed phrase. If you disclose them or enable withdrawal permissions, you do so at your sole risk. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect the security of our systems. No method of transmission or storage is completely secure; you use the Services at your own risk. You agree to cooperate with our investigation of any suspected security incident involving your account or API keys.
Data Processing; International Transfers
We process personal data as described in our Privacy Policy, which is incorporated herein. We may use subprocessors and transfer data internationally in compliance with applicable law. Where required, we will execute appropriate data transfer mechanisms.
Privacy Policy
We respect and are committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Site, to understand our privacy practices. By visiting or using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy, which is hereby incorporated by reference. You can access our Privacy Policy here: https://getnick.ai/privacy-notice
Changes to these Terms
This version of the Terms replaces and supersedes any prior terms applicable to our Services. Any terms, conditions, and policies referenced herein form part of these Terms.
We reserve the right, at our sole discretion, to revise these Terms at any time. Any changes will be posted to the Site, and your continued use of the Site or our Services after changes are posted constitutes your acceptance of the revised Terms. We recommend reviewing these Terms at the start of each visit to remain informed of any modifications. If you do not agree to the revised Terms, do not access or use our Services.
Changes to these Terms
Where required, we may give notice to you by posting on the Site, by electronic mail, or by conventional mail to the address of record associated with your account. You may give notice to us by electronic or conventional mail at the address below:
Nick AI Inc
contact@nick.ai
If you have any questions about these Terms, our practices, or your dealings with the Company, please contact us at the above address.
BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, TO THE FULLEST EXTENT PERMITTED BY LAW.