Terms & Conditions

Nia Holdings, Inc. Terms & Conditions
Effective Date: October 31st 2024
Last Updated: March 12th 2024

1. Introduction

Welcome to Nia Holdings, Inc. (“Company,” “we,” “our,” or “us”). These Terms and Conditions govern your use of our website www.niaxp.com (the “Website”), our services, and our application for desktop and/or mobile devices (the “Application”) (collectively, the “Platform”).

By accessing or using our Platform, you agree to abide by these Terms and Conditions, as well as our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must discontinue use of our Platform immediately.

We reserve the right to modify these Terms and Conditions at any time. Your continued use of the Platform after updates are posted constitutes acceptance of the revised terms.

2. Use of the Platform

By using our Platform, you agree that:

  • You are at least 18 years of age or the legal age of majority in your jurisdiction.

  • You will provide accurate and complete information when using our services.

  • You will not use the Platform for any illegal, fraudulent, or abusive purpose.

  • You will not engage in any activity that disrupts or harms our Platform, services, or users.

3. Account Registration

Certain features of our Platform may require you to create an account. You are responsible for:

  • Keeping your login credentials secure.

  • Notifying us immediately of unauthorized account access.

  • All activity occurring under your account.

We reserve the right to suspend or terminate your account if we suspect fraudulent or unauthorized activity.

4. Payment & Billing

If you purchase any products or services through our Platform, you agree to:

  • Provide valid and up-to-date payment information.

  • Authorize us to charge the payment method you provide.

  • Accept responsibility for any fees, including applicable taxes.

We reserve the right to refuse or cancel orders for any reason, including suspected fraud or violation of these Terms.

5. Intellectual Property

All content, logos, trademarks, text, images, and software on the Platform are owned or licensed by Nia Holdings, Inc. and are protected under intellectual property laws. You may not:

  • Copy, reproduce, modify, or distribute any content without permission.

  • Use our trademarks without written consent.

Any unauthorized use may result in legal action.

6. Prohibited Activities

You agree not to:

  • Use the Platform for unlawful purposes.

  • Engage in unauthorized data collection, including scraping or hacking.

  • Send unsolicited or spam communications.

  • Attempt to interfere with the security or integrity of the Platform.

We reserve the right to investigate and take legal action against users who violate these restrictions.

7. SMS Messaging Terms & Conditions

By opting into Nia Holdings, Inc.'s SMS messaging program, you agree to these additional terms:

7.1 Program Description

You may receive text messages from Nia Holdings, Inc., including but not limited to:

  • Account notifications

  • Customer service messages

  • Promotional and marketing offers

Message frequency varies.

7.2 Opt-In Consent

By submitting your phone number via our webform or on a call with Nia , you consent to receive text messages from Nia Holdings, Inc. Consent is not required for purchases.

7.3 Opt-Out & Help

  • To STOP receiving messages, reply STOP to any SMS.

  • For assistance, reply HELP or contact us at legal@niaxp.com

7.4 Message & Data Rates

Message and data rates may apply. Check with your carrier for details.

7.5 Privacy Policy

For information on how we protect your data, refer to our Privacy Policy

8. Termination

We reserve the right to suspend or terminate your access to the Platform at any time without notice if we determine that you have violated these Terms or engaged in any fraudulent or harmful behavior.

9. Disclaimers & Limitation of Liability

  • Our Platform is provided "as is" and "as available" without warranties of any kind.

  • We do not guarantee uninterrupted or error-free service.

  • To the fullest extent permitted by law, Nia Holdings, Inc. is not liable for indirect, incidental, special, or consequential damages arising from your use of our Platform.

10. Indemnification

You agree to indemnify and hold harmless Nia Holdings, Inc., its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses resulting from:

  • Your breach of these Terms.

  • Your misuse of the Platform.

  • Any violation of applicable laws.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States and the state of Delaware, without regard to conflict of law principles.

  • Any disputes shall be resolved through binding arbitration in Oregon.

  • You waive the right to participate in a class-action lawsuit.

12. Third-Party Links

Our Platform may contain links to third-party websites. We are not responsible for their content or privacy practices. Your use of third-party sites is at your own risk.

13. Changes to These Terms

We may update these Terms and Conditions at any time. Changes will be posted on this page with an updated "Effective Date."

Your continued use of the Platform constitutes acceptance of the revised terms.

14. Contact Information

For questions about these Terms and Conditions, please contact us at legal@niaxp.com