Nicegram Terms Of Use

Last updated: December 02, 2024

Nicegram is pleased to provide you with the “Nicegram” applications for iOS, Android, and macOS, along with any and all related documentation (each, a “Nicegram App”, and collectively, the “Nicegram Apps”). A complete list and details of these applications are available at https://nicegram.app.

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY NICEGRAM APP. This End-User License Agreement governs your use of the Nicegram App and how we provide this application.

Table of Contents

  1. AGREEMENT
    1. Jurisdictional Issues and Other Miscellaneous Terms
  2. USER REQUIREMENTS
    1. Age Requirement
    2. Registration and Passwords
  3. LICENSE AND USAGE RIGHTS
    1. Grant of License
    2. Description of Other Rights and Limitations
    3. Intellectual Property
    4. Copyright and Submissions
  4. APP FUNCTIONALITY AND ACCESS
    1. Access
    2. Nicegram App Functionality
    3. Third-Party Partners
    4. Consent to Use of Data
    5. Data Collection and Usage
  5. PURCHASES AND CANCELLATION RIGHTS
  6. LEGAL AND COMPLIANCE
    1. Security
    2. Export Controls
    3. Indemnification
    4. Limitation of Liability
  7. ADDITIONAL INFORMATION
    1. Contact Information
    2. Supplemental Terms

1. AGREEMENT

This End-User License Agreement (including the Supplemental Terms, as applicable) (“EULA”) is a legal agreement between you and Nicegram, (“we”, “us” or “our”) which governs your use of the Nicegram App. Nicegram, a Lithuanian registered company with its offices at Nageviciaus g.3, LT08237, Vilnius, Lithuania, owns and operates the Nicegram App. By installing or otherwise using the Nicegram App, you:

The terms and conditions of this EULA also apply to any Nicegram App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use the Nicegram App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open the Nicegram App shall constitute reasonable means. Your continued use of the Nicegram App after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Nicegram App. If you have any questions or concerns regarding the terms herein, please email us at [email protected]. Do not use the Nicegram App until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.

Notice to Consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this End-User License Agreement (EULA) and that supplement the terms of this EULA. Certain provisions of this EULA may not be enforceable in your jurisdiction. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the Nicegram App is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you download or purchase the Nicegram App. The Nicegram App may be available through marketplaces that distribute mobile applications, and such marketplaces may have additional terms, conditions, and usage rules that govern your use of the Nicegram App if you download or install the Nicegram App through such marketplaces.

1.1 Jurisdictional Issues and Other Miscellaneous Terms

Nicegram does not represent or warrant that the Nicegram Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Nicegram Apps, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. The laws of Lithuania, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Nicegram Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Lithuania, with respect to all matters arising out of or relating to this EULA.

No failure or delay by Nicegram in exercising any right, power, or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NICEGRAM APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

2. USER REQUIREMENTS

2.1 Age Requirement

You must be 13 years of age or older to install or to use the Nicegram App. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Nicegram App for you.

Notice To Parents And Guardians: By granting your child permission to download and access the Nicegram App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Nicegram App or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Nicegram App, please contact us at [email protected] or [email protected].

2.2 Registration And Passwords

Registration

Nicegram Apps will not require registration; however, the Nicegram Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA, and you should refer to the relevant Third Party Partner’s website for their policies.

Passwords

You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed, or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft, or unauthorized use of your password(s), and/or ID(s) or any related accounts. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.

Provided Information

If you provide any information in connection with a Registration, you must provide and maintain accurate, complete, and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current, or not complete, we may suspend or terminate your use of the Nicegram App, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of the Nicegram App services, in accordance with the Nicegram Privacy Policy.

Uninstallation/Removal Of A Nicegram App

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Nicegram App, please use the application manager provided with your device or consult your device manual for reference.

3. LICENSE AND USAGE RIGHTS

3.1 Grant Of License

Subject to your compliance with the terms and conditions of this EULA, Nicegram grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access, download, and install the most current generally available version of the Nicegram App on a single, authorized device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

3.2 Other Rights And Limitations

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Nicegram App or use the Nicegram App for the benefit of any third party. Unless expressly authorized by us or permitted under the applicable platform terms, you are prohibited from making the Nicegram App available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Nicegram App, except to remove the Nicegram App from a device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Nicegram App, or attempt to do so for any reason or by any means. You may not access, create, or modify the source code of any Nicegram App in any way. You do not have the right to and may not create derivative works of any Nicegram App or any portions thereof. All modifications or enhancements to the Nicegram App remain the sole property of Nicegram.

3.3 Intellectual Property

The Nicegram App, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Nicegram are Nicegram’s property or the property of Nicegram’s licensors, and are protected by U.S. and international copyright, trademarks, patents, and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Nicegram App. All rights not expressly granted hereunder are expressly reserved to Nicegram and its licensors.

The Nicegram and Nicegram names, logos, and affiliated properties, are the exclusive property of Nicegram or its affiliates. All other trademarks appearing on any Nicegram App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Nicegram App. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.

3.4 Copyright and Submissions

You are solely responsible for any Content you contribute, submit, or display on or through your use of the Nicegram App(s). It is your obligation to ensure that such Content, including photos, text, video, and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit, or display.

Nicegram respects and expects its users to respect the rights of copyright holders. Upon notification, Nicegram will act appropriately to remove content that infringes the copyright rights of others. Nicegram reserves the right to disable the access to the Nicegram App or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe a Nicegram App or elements infringe your copyright rights, please contact[email protected].

Please ensure your communication includes the following:

4. APP FUNCTIONALITY AND ACCESS

4.1 Access

You must provide at your own expense the equipment, Internet connection, devices, and service plans to access and use the Nicegram App. If you access the Nicegram App through a network, your network or roaming provider’s messaging, data, and other rates and fees may apply. You are solely responsible for any costs you incur to access the Nicegram App from your device. Downloading, installing, or using the Nicegram App may be prohibited or restricted by your network provider, and not all versions of the Nicegram App may work with your network provider or device. Nicegram makes no representation that the Nicegram App can be accessed on all devices or wireless service plans. Furthermore, Nicegram makes no representation that the Nicegram App is available in all languages or that it is appropriate or available for use in any particular location.

4.2 Nicegram App Functionality

Nicegram App allows you to enjoy a variety of features, functionalities, and services, which may be subject to change over time (collectively, the “Nicegram App Functions”). The Nicegram App Functions are provided by Nicegram and third-party suppliers who offer content and/or services in conjunction with or through the Nicegram App (the “Third Party Partners”). Nicegram App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither Nicegram nor any of its Third Party Partners guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Nicegram App.

Nicegram App Updates

We reserve the right to add or remove features or functions to existing Nicegram App. When installed on your device, the Nicegram App periodically communicates with our servers. We may require the updating of the Nicegram App on your device when we release a new version of the App, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Nicegram App. You acknowledge and agree that any obligation we may have to support previous versions of the Nicegram App may be terminated upon the release of updates, supplements, or subsequent versions of the Nicegram App. You further acknowledge and agree that we are under no obligation to provide any updates, supplements, or subsequent versions of the Nicegram App to you.

4.3 Third-Party Partners

Nicegram App may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Nicegram App that includes third-party services and third-party content, such services and content are subject to the terms of service and privacy policies of those third parties, which may be found on the relevant Third Party Partner’s website. Nicegram App may provide access or links to Third Party Partner websites or resources. Nicegram has no control over such websites and resources, and you acknowledge and agree that Nicegram is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Nicegram shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. Nicegram will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

Access to Third-Party Services and Content through the Nicegram App

All services, advertising, feeds, and content, including without limitation, all data, links, articles, graphic or video messages, and all information, text, software, music, sound, graphics, or other materials (“Content”) made available or accessible through a Nicegram App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using a Nicegram App you may be exposed to Content that may be offensive, indecent, or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Nicegram be liable in any way for any Content created by or originating with entities other than Nicegram, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Nicegram App.

4.4 Consent To Use Of Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Nicegram App. We may use this information in accordance with the Nicegram Privacy Policy.

Objectionable Content

Nicegram may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Nicegram’s sole discretion. “Objectionable Content” includes, but is not limited to:

Content Screening and Disclosure

We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submissions through the Nicegram App, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We may access, preserve, or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property, or safety of Nicegram, its users, or members of the public or (v) to report a crime or other offensive behavior.

Zero Tolerance Policy: We maintain a strict no-tolerance stance on objectionable content and abusive behavior. Any instances of such conduct will result in immediate action, which may include account suspension or termination, and possible legal action.

Ownership of Content You Submit

Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Nicegram App. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Nicegram App. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of Nicegram. None of the Submissions shall be subject to any obligation of confidence on the part of Nicegram, and Nicegram shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Nicegram shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to Nicegram all right, title, and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favor of Nicegram and its assignees, licensees, and designees.

Repeat Infringer Policy

Nicegram may terminate a user’s access to the Nicegram App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.

No Intended Third Party Beneficiaries

Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.

4.5 Data Collection And Usage

We prioritize user privacy and do not collect or transmit any personal user information from the Telegram messenger. The only exception is the data collected for analytical purposes to ensure optimal performance and functionality of the Nicegram App. This data is not linked to any user identifiers within the Telegram application.

The Nicegram App utilizes advanced Large Language Models (LLMs) for generating text within the app. It is our policy not to store or retain any personal data during this process. The implementation of LLMs is designed to respect user privacy and data integrity, using only non-personal, transient data for text generation.

For backend functionalities, the Nicegram App uses the Telegram API; however, it is important to note that we do not own, control, or have access to the conversations conducted through this service. Our use of the Telegram API is strictly limited to technical processing, without any ownership or storage of communication content.

Nicegram Crypto Wallet

The Nicegram App facilitates the creation of cryptocurrency wallets on TON and EVM-compatible blockchains, enabling users to conduct transactions on blockchains securely. The private keys are stored locally on the user’s device. We do not store, manage, or have access to users' private keys, nor are we responsible for their loss, theft, or improper storage. Furthermore, we disclaim all liability related to users’ interactions with potentially fraudulent or scam services. Users are advised to exercise caution and employ robust security measures when engaging with blockchain services.

For the functionality of our application, Nicegram stores backend references between users and the blockchain wallets they create. This information is crucial for the seamless operation of the app and is not shared with third-party entities. We adhere strictly to our Privacy Policy in handling all user-related data, ensuring confidentiality and integrity.

5. PURCHASES AND CANCELLATION RIGHTS

Where you purchase from a third party

Certain Nicegram Apps are available for purchase from a platform owner (e.g., Apple, Google, Huawei) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them.

Please note and acknowledge: if you are a resident in the European Union and download a Nicegram App from a platform owner (e.g., Apple, Google, Huawei), you may not be able to cancel your order or obtain a refund. Please review the platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on canceling orders and any associated refunds on the website of the third-party reseller from whom you purchased the app (for example, the Apple App Store, Google Play, or Huawei AppGallery).

Where you purchase from Nicegram directly

Please note and acknowledge: if you are a resident in the European Union and download a Nicegram App directly from us, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app are complete. This will also apply to subscriptions and in-app purchases. You can find further information on canceling orders and any associated refunds from the relevant section of the Nicegram website. Please note that all transactions, including subscriptions and cancellations, are also governed by the rules and policies of the Apple App Store and Google Play Store, depending on your device’s platform.

The Nicegram App includes an option for users to subscribe to a Premium service plan, which unlocks additional functionalities and features that enhance the overall user experience. This Premium subscription is available through a clear and transparent payment process, and details regarding the Terms of use, Renewal, and Cancellation Policies are provided to ensure users can make informed decisions.

Subscription Services

The Nicegram App will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be, for example, daily, weekly, monthly, tri-monthly, or yearly) may be processed within the application, by third parties who act on our behalf, or directly by the platform owner (e.g., Apple). Free trial subscriptions may be canceled at any point up to 24 hours before the expiry of the free trial (Apple). See below in “Trial Periods” for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your account. The cancellation will take effect after the last day in the relevant subscription period. See above in “Purchases & Cancellation Rights” for further information.

Trial Periods

Certain of our subscription services may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your account.

Please note: your free-trial subscription will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free-trial subscription period.

Online Dispute Resolution

If you reside in the European Union, you can find information about online dispute resolution here: EU Online Dispute Resolution. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: [email protected].

6. LEGAL TERMS AND COMPLIANCE

6.1 Security

The Nicegram App, like other consumer technologies, may not be 100% secure. By accepting this EULA, you acknowledge and accept that the Nicegram App and any information you download or offer to share by means of a Nicegram App may be exposed to unauthorized access, interception, corruption, damage, or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your device from unauthorized access, including by such means as using complex password protection. You agree that Nicegram shall not be liable for any unauthorized access to your device or the app data thereon.

Termination of Rights

Your rights under this EULA will terminate immediately and automatically without any notice from Nicegram if you fail to comply with any of the terms and conditions of this EULA. You understand that Nicegram, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Nicegram App at any time. Furthermore, Nicegram, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Nicegram App or any of its component features. You agree that Nicegram shall not be liable to you or any third-party for any termination or disabling of the Nicegram App. Promptly upon expiration or termination of this EULA, you must cease all use of the Nicegram App and destroy all copies of the Nicegram App in your possession or control. Termination will not limit any of Nicegram’s other rights or remedies at law or in equity. Sections 1-7, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.

Disclaimer of Warranty

To the extent this is permitted by applicable law, the Nicegram App is provided on an “as is,” “with all faults,” and “as available” basis, and you use them at your sole risk. Subject to applicable law, Nicegram, on behalf of itself, and its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty arising under the Sale of Goods Acts 1893 and 1980, usage of trade, course of conduct or otherwise. Without limitation, Nicegram makes no warranty that the Nicegram App will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Nicegram products will be accurate or reliable, or that the quality of the Nicegram App will meet your expectations. Nicegram assumes no liability or responsibility for any property damage, of any nature whatsoever, resulting from your access to and use of our Nicegram App; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from Nicegram App or servers; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Nicegram App by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Nicegram App.

The entire risk arising out of use or performance of the Nicegram App remains solely with you.

Nicegram expressly disclaims all warranties relating to products and/or services provided by third-party partners.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

This disclaimer of warranty constitutes an essential part of this agreement.

Notice regarding call recording feature: Nicegram App may allow you to record phone conversations on your iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties’ consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. In no event shall Nicegram be responsible to you or any third party for your failure to comply with local, state, federal or international laws regarding third-party audio recording. The data about recordings (and recordings themselves) might be removed from Nicegram servers at any time without notice.

Limitation Of Liability

To the extent permitted by applicable laws, you expressly understand and agree that Nicegram shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Nicegram has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Nicegram App; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party; or (iv) any other matter relating to the Nicegram App. In no event shall Nicegram’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Nicegram App. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

If any of the exclusions set forth in this section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied, and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Nicegram App, and no warranties shall apply after such period.

6.2 Export Controls

The Nicegram App and the underlying information and technology are subject to US and international laws, restrictions, and regulations that may govern the import, export, downloading, and use of the app. You agree to comply with these laws, restrictions, and regulations when downloading or using the app.

Notice to US Government End Users: Any Nicegram App installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

6.3 Indemnification

You agree to indemnify, defend, and hold harmless Nicegram, its parents, affiliates, and subsidiary companies, officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Nicegram App, your violation of this EULA, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Nicegram of any unauthorized use of your account or any other breach of security known to you.

7. ADDITIONAL INFORMATION

7.1 Contact Information

Should you have any questions or inquiries about this End-User License Agreement, please contact us by email at [email protected].

7.2 Supplemental Terms

To the extent permitted by applicable law (and without limiting the above rights, remedies, and obligations except to the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of the Nicegram App, as applicable:

Apple App Store: By accessing the Nicegram App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:

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