Terms of Use

Welcome to Nimbik. These Terms of Use (“Terms”) govern your access to and use of our website, apps, products, and services (collectively, the “Services”).

Your agreement with us includes these Terms and our Privacy Policy (the “Agreements”). If you do not agree to the Agreements, you must not use the Services.

“Nimbik”, “we”, “us”, or “our” refers to the operator of the Services.

1. Eligibility and Use of the Service

1.1 Minimum age. The Services are intended for individuals aged 12 and older. By using the Services, you confirm that you meet this requirement and have capacity to enter into a binding agreement under applicable law.

1.2 Use on behalf of an organization. If you use the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms, and “you” will refer to that entity.

1.3 Jurisdiction. You are responsible for ensuring that your use of the Services complies with all laws and regulations that apply to you in your country or region.

2. Your Account

2.1 Account creation. To use certain features (such as messaging or communities), you must create an account and provide accurate, current, and complete information as requested (for example, name, email, username, password).

2.2 Account security. You are responsible for:

• Keeping your login credentials confidential.
• Restricting access to your devices.
• All activity that occurs under your account.

If you believe your account has been compromised, you must notify us promptly via the contact information in our Privacy Policy.

2.3 Usernames. We may refuse or reclaim usernames that are misleading, infringe rights, or are offensive, at our sole discretion.

2.4 One account per individual. We may limit the number of accounts you can create or maintain.

3. Description of the Services

3.1 Messaging and communications. Nimbik is a modern messaging app that allows you to chat one-to-one, participate in group or community conversations, share media, and use voice and video features, subject to these Terms.

3.2 End-to-end encryption. Personal messages in Nimbik are protected with end-to-end encryption. This means we generally cannot read your personal messages. However, metadata and some account information are processed as described in our Privacy Policy.

3.3 AI Products. We offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, “AI Products”), such as AI bots and related functionality. These AI Products may involve third-party providers processing your prompts, content, and associated information.

3.4 Service changes. We may add, modify, or remove features, introduce new limits, or discontinue all or part of the Services at any time, with or without notice, to the extent permitted by law.

4. Relationship with the Privacy Policy and Cookie Notice

4.1 Privacy Policy. Our Privacy Policy explains how we access, collect, use, share, and store your personal information when you use the Services, including legal bases, retention periods, and your privacy rights.

4.2 Cookie Notice. Our Cookie Notice explains how we use cookies and similar tracking technologies (including those provided by third parties) for security, preferences, analytics, and advertising.

4.3 By using the Services, you acknowledge that:

• You have read our Privacy Policy and Cookie Notice.
• Our processing of your personal information is governed by those documents.

If there is a conflict between these Terms and the Privacy Policy regarding privacy matters, the Privacy Policy controls.

5. Your Content

5.1 User Content. “Content” means any information, text, images, videos, audio, links, reactions, or other materials that you send, upload, create, or otherwise make available through the Services.

5.2 Ownership. You retain any ownership rights you have in your Content. We do not claim ownership of your personal messages or other Content you submit.

5.3 License to Nimbik. To operate and improve the Services, you grant Nimbik a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, process, transmit, display, and reproduce your Content only as necessary to:

• Provide the Services (including routing and delivering messages, media, and calls).
• Operate features such as backups, synchronization, or AI Products where you choose to use them.
• Enforce these Terms and comply with law.

For end-to-end encrypted personal messages, this license is limited by technical encryption and applies primarily to metadata and encrypted transmission.

5.4 Your responsibility for Content. You are solely responsible for:

• The Content you send or make available.
• Ensuring you have the necessary rights to share it.
• Ensuring your Content and use of the Services comply with these Terms and applicable law.

6. Use of AI Products

6.1 Third-party AI Service Providers. Our AI Products are provided in part through third-party AI service providers. When you use AI features, your prompts, messages, and related information may be sent to and processed by these providers in accordance with our Privacy Policy and their own terms and policies.

6.2 No sensitive misuse. You must not:

• Use AI Products in ways that violate the terms or acceptable-use policies of any AI Service Provider.
• Use AI features to generate or share illegal content, exploitative or abusive content, or content that violates intellectual property or privacy rights.
• Rely on AI outputs as professional advice (for example, medical, legal, financial) without independent verification.

6.3 Accuracy & limitations. AI outputs may be inaccurate, incomplete, or out-of-date. You are responsible for reviewing and verifying any output before relying on it.

6.4 License to AI outputs. Subject to these Terms and applicable law, you may use AI outputs created for you for any lawful purpose, but you acknowledge that:

• Other users may receive similar outputs.
• You receive no exclusive rights to AI outputs or to the underlying models.

7. Acceptable Use and Prohibited Activities

You agree not to use the Services (including AI Products) to:

• Violate any applicable law or regulation.
• Harass, threaten, abuse, or harm others, including through hateful or discriminatory content.
• Exploit or harm minors in any way.
• Send spam, unsolicited bulk messages, or misleading communications.
• Impersonate any person or entity or misrepresent your affiliation.
• Infringe or violate intellectual property, privacy, or other rights.
• Probe, scan, or test the vulnerability of any system or network.
• Interfere with or disrupt the integrity or performance of the Services.
• Deploy malware, viruses, or any code intended to damage or intercept data.
• Attempt unauthorized access to accounts, systems, or networks.
• Use automated means (bots, scrapers) to collect data except as expressly permitted.
• Manipulate metrics, rankings, or engagement (for example, via fake accounts or coordinated manipulation).

We may investigate and take actions we deem appropriate, including content removal, account suspension, or contacting law enforcement, where we reasonably suspect a breach of this section.

8. Third-Party Services and Links

8.1 Third-party websites and services. The Services may contain links to, or integrate with, third-party websites, apps, AI providers, or other services that are not owned or controlled by Nimbik.

8.2 No responsibility. We do not control and are not responsible for:

• Third-party content, products, or services.
• Their privacy and security practices.
• Losses or damages arising from your use of them.

Your use of third-party services is at your own risk and subject to those providers’ terms and policies.

9. Paid Features and Subscriptions (If Offered)

9.1 Pricing and plans. From time to time, we may offer optional paid features, subscriptions, or other premium services. Details about pricing, billing cycles, and specific terms will be provided at the point of purchase.

9.2 Payments. If you purchase a paid feature, you agree to provide accurate payment information and authorize us or our payment processors to charge your chosen payment method.

9.3 Renewals and cancellations. If a subscription is offered:

• It may renew automatically at the end of each billing period unless you cancel in accordance with the instructions we provide.
• You may cancel at any time, but, unless otherwise required by law, fees already paid are non-refundable.

10. Intellectual Property

10.1 Nimbik’s rights. The Services, including their design, software, interfaces, trademarks, logos, branding, and all other related materials (excluding your Content and content owned by others) are owned or licensed by Nimbik and are protected by copyright, trademark, and other laws.

10.2 Limited license. We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Services solely for your personal, non-commercial use in accordance with these Terms.

10.3 Restrictions. You must not:

• Copy, modify, distribute, sell, or lease any part of the Services.
• Reverse engineer, decompile, or attempt to extract the source code, except where permitted by law.
• Use our trademarks or branding without our prior written permission.

11. DMCA / Copyright Policy

If you believe that any Content accessible through the Services infringes your copyright, you may submit a notice to us (see contact details in the Privacy Policy) with sufficient information for us to evaluate your claim. We may remove or disable access to allegedly infringing material as required by applicable law.

We may, in appropriate circumstances, terminate the accounts of users who repeatedly infringe third-party intellectual property rights.

12. Service Availability and Security

12.1 Availability. We aim to keep the Services up and running, but we do not guarantee uninterrupted or error-free operation. Services may be unavailable or limited due to maintenance, updates, or factors beyond our control.

12.2 Security. We implement technical and organizational measures to protect your information; however, no system can be guaranteed 100% secure. You acknowledge that transmission of data over the internet carries inherent risks.

12.3 Backups and access loss. Because personal messages are end-to-end encrypted, losing your keys, passcodes, or device access may make some data unrecoverable. You are responsible for safely managing any backups or recovery methods that we provide.

13. Suspension and Termination

13.1 Your termination. You may stop using the Services at any time and may request account deletion as described in our Privacy Policy.

13.2 Our rights. We may suspend or terminate your access to all or part of the Services, or remove Content, if:

• You materially or repeatedly breach these Terms or applicable law.
• We are required to do so by law or a court order.
• We discontinue or materially change the Services.

Where reasonably possible, we will provide notice before termination. Some information may continue to be stored as required for legal, security, or legitimate business reasons, as described in our Privacy Policy.

13.3 Effect of termination. Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination (for example, intellectual property provisions, disclaimers, limitations of liability, and indemnities) will continue to apply.

14. Disclaimers

To the maximum extent permitted by law:

• The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory.
• We do not guarantee that the Services will be secure, error-free, uninterrupted, or that any defects will be corrected.
• We do not warrant the accuracy or reliability of any Content, including AI-generated content.

Nothing in these Terms is intended to exclude or limit any rights or remedies that cannot be excluded or limited by law.

15. Limitation of Liability

To the maximum extent permitted by law:

• Nimbik and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, data, or goodwill) arising out of or in connection with your use of or inability to use the Services.
• Our total aggregate liability for all claims relating to the Services will be limited to the greater of:
  • The amount you paid us (if any) for paid Services during the 12 months prior to the event giving rise to the claim, or
  • EUR 50.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In those cases, our liability will be limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify and hold harmless Nimbik and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services or AI Products.
• Your violation of these Terms or applicable law.
• Your infringement or alleged infringement of any third-party rights, including intellectual property or privacy rights.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. For material changes, we may also provide additional notice (for example, via in-app notice or email).

By continuing to use the Services after the updated Terms become effective, you agree to be bound by the revised Terms.

18. Governing Law and Dispute Resolution

18.1 Governing law. These Terms and any dispute or claim arising out of or in connection with them or the Services will be governed by the laws of the country where Nimbik is established (currently the Netherlands), without regard to conflict-of-laws principles.

18.2 Jurisdiction. You and Nimbik agree that the courts located in that country will have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services. If consumer-protection laws in your country give you the right to bring claims in your local courts, those rights are not limited by this clause.

19. Contact Information

For questions or concerns about these Terms, the Services, or your account, you can contact us using the details provided in our Privacy Policy.