Terms of Service

These terms were last revised on 2016-10-14.

These Terms of Service (these "Terms") explain how you can use the Nickelled apps, websites, services and software (collectively "Nickelled"), provided by Nickelled LTD., ("Nickelled," "we" or "our") so please read these Terms before you get started. They apply to all visitors, users and others who access Nickelled ("users").

By using Nickelled you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using Nickelled on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, "you" and "your" refers to that group or organization).

Using Nickelled

Nickelled is a service which allows you to create interactive guides for websites. When you create a guide you grant Nickelled permission to create a copy of the website that the guide will be displayed on. In the event that you do not own the copyright of the website then, where required, you shall contact the owner of the IP and get the relevant permission. Of course, you retain any ownership and intellectual property rights you have in the content on your site. Additionally, if there is user data on the page (including personal or client data) Nickelled would replicate this too so take caution as to the information you are including in your guides.

Nickelled’s guides are accessible by a URL and are not password protected. Although Nickelled does not share user created guides with third-parties it is possible that a guide could be accessed by an unintended third-party.

When signing up for Nickelled, you agree to provide accurate information. You also understand that you’re responsible for the activity in your Nickelled account and for safeguarding any passwords that you use.

Free Trial Usage

Nickelled offers its services with a free introductory trial to allow new users who are unfamiliar with Nickelled’s services to learn more before purchasing a subscription. An organisation may start only one free trial with Nickelled. Any further initiated trials constitute a breach of fair usage and Nickelled reserves the right to suspend the account/s in question.

Who can use Nickelled?

You can use Nickelled only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations.

Each user of the Nickelled service must have their own separate account defined by unique login credentials (email address and password). As Nickelled provides unlimited user accounts per company registration, under no circumstances should accounts be shared between people.

Modifying Service

We are constantly changing and improving Nickelled. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Nickelled at any time without prior notice.

Terminating Service

Where no end date is agreed between Nickelled and your company, the contract shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term. Where the Term is defined as monthly we may consider termination requests made fewer than 30 days prior at our discretion. In the event of termination, you will not be eligible for the return or refund of any unused fees paid to Nickelled.

Privacy and Security

Your privacy is extremely important to us - we care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures for improper purposes. You acknowledge that you provide your personal information at your own risk. Please review our Privacy Policy, which explains exactly how we collect and store your information.

Fair Usage Policy

At Nickelled we want all our customers to have the best service possible. This Fair Usage Policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.

Nickelled’s subscriptions are for individual use only (personal or business) in accordance with our Terms of Use and this Fair Usage Policy (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

Other practices may be relevant in determining Legitimate Use and Nickelled reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Nickelled may at its discretion, terminate its relationship with you, or may suspend your subscription immediately, or suspend or remove guides if it determines you are using your subscription contrary to this Fair Usage Policy or Nickelled’s Terms of Use. Where reasonable, Nickelled will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Nickelled may offer you an alternative subscription.

Copyright

You are responsible and liable for your guides and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using Nickelled.

We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

No Warranty

We promise to provide you with a great service, but we can’t promise everything. Nickelled is provided on an "as-is" and "as available" basis. Use of Nickelled and the software is at your own risk. To the maximum extent permitted by applicable law, Nickelled and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Nickelled and its licensors, do not warrant that the content is accurate, reliable or correct.

Limitation of Liability

To the maximum extent permitted by law, in no event will Nickelled, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Nickelled has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of £1 or the amounts paid by you to Nickelled for the past three months of the services in question.

Changes to the Terms of Service

Nickelled is a work in progress, and we will update these Terms of Service from time to time in our sole discretion. Since this document is public on Nickelled, you will be able to track all changes between versions. Your continued use of the Website following the publishing of revised Terms of Service means that you accept and agree to the changes.

Should you have any questions or concerns, please write to help@nickelled.com