Terms of use

NICKY TERMS OF USE 

Last updated: May 3rd, 2024

1. INTRODUCTION 

These Terms & Conditions (the “Terms”), together with the Agreement entered into with an authorized Nicky Reseller, Nicky’s Privacy Policy, Acceptable Use Policy, as well as other applicable Policies, including those of Third Party Services, linked to or provided on https://nicky.me/policies (collectively “Nicky Policies”) describe your rights and responsibilities as it relates to the application and services provided by Nicky L.L.C (the “Services”).

These Terms do not have to be signed in order to be binding. You understand and indicate your assent to these Terms and other Nicky Policies and that you have the legal capacity to agree to these, by entering into an Agreement with Nicky, by creating a user on the Nicky Platform, or by completing a transaction as a guest user on Nicky. 

If you are creating a Nicky user on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to you and that company or other legal entity.

We may update, improve or modify the Services, Terms or Nicky Policies from time to time and your continued use of the Services after such changes are put into effect, means that you approve and consent to the changes.

2. OUR SERVICES

Nicky L.L.C. offers an API-powered platform facilitating seamless interaction with digital assets and cryptocurrencies. Our platform is designed for individuals doing cryptocurrency transactions and for businesses, enabling them to integrate cryptocurrency as payment method in their business.

Our services allow you to accept cryptocurrencies as a payment method. This capability is powered by our API integration with leading cryptocurrency exchanges. It is important to note that while Nicky enables cryptocurrency transactions, we are not a cryptocurrency exchange and do not provide cryptocurrency custody.

2.2  Current & Future Offerings

You acknowledge and agree that the Services may get modified or improved from time to time without prior notice to you, and that new Services may be added at any time without notice.

We may occasionally share information about our future product or service plans. Any public statements about those product or service plans are an expression of intent, but do not rely on them when creating a Nicky user.

2.3  Availability

Nicky will aim to provide the Services without interruptions. However, from time to time the Nicky system or any of its contracted partners may experience disruptions, mainly due to circumstances beyond Nicky’s control, for which Nicky excludes all liability.

Nicky will provide, wherever possible, advance notice to its authorized resellers and Partners, of any maintenance that may affect the Service.

2.4 Requirements

To utilize the Nicky Service, users must meet the following criteria:

  • Account Registration: Users must create an account with Nicky and agree to our terms and conditions.
  • Legal Compliance: Users must ensure that their use of Nicky’s services complies with local laws and regulations concerning cryptocurrency transactions.

Furthermore, in order to fully utilize the features of Nicky, Individual user and Business user must meet the following requirements: 

  • Users should hold a KYC/KYB approved crypto wallet with an exchange approved by Nicky.
  • Users must have the capability to integrate Nicky with a cryptocurrency exchange, using the users API keys.

2.5  Feedback

We welcome feedback to us about the Services, so that we can keep developing them in a direction that makes them the most useful. When you send us any kind of feedback we are automatically granted a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to use the ideas, content and suggestions in such feedback in any way, without any compensation to you.

2.6 Other

For more detailed information about Nicky’s services, including guidelines on how to configure our API access to approved cryptocurrency exchanges, for transactions and details about the third-party services we work with, please visit our website at Nicky.me. By using Nicky’s Services, you authorize us to act as your agent for cryptocurrency transactions, taking necessary actions to provide these services and comply with applicable laws. 

3. Representations and Warranties

You represent and warrant that:

  • The individual accepting these terms on behalf of the Customer is of the age of majority and possesses all necessary power, capacity, and authority to bind the Customer to these terms;
  • You have all necessary rights, power, authority, and capability to enter into and fulfill your obligations under these Terms and your use of the Services;
  • Your business entity is duly organized, validly exists, and is in good standing under the laws of the state and country of its formation, and is duly qualified and in good standing in each jurisdiction where the nature of its business requires such qualification;
  • Your use of the Services will not contravene any applicable international, federal, state, or local laws or regulations, including those related to taxation;
  • You will ensure that your use of the Services complies, and will continue to comply, with all applicable anti-money laundering and anti-terrorist financing compliance laws and regulations, including, but not limited to, all OFAC-administered sanctions programs and any other sanctions programs applicable to you based on the jurisdictions in which you operate your business and serve your customers;
  • Your use of the Services will not violate these Terms, including the fair use policy being a part of these Terms, or any other applicable terms of use; and
  • All information that you have provided to us, and may from time to time provide to us, is and will remain true and complete, and shall be timely updated and corrected to maintain its status as true and complete.

4.  PRICING & PAYMENT

Please refer to Nicky.me for current pricing and payment terms.

3. Your Account (“Account”)

3.1 Account Registration

The information you provide at the time of opening your Account with Nicky must be accurate and complete, and you must inform us within ten (10) business days of any changes to such information. Nicky has the right to reject your Account registration, to later close your Account, or to restrict the provision of the Services to you if you do not provide and maintain accurate, complete and satisfactory information.

3.2 Guarding Your Password

You will choose a password when registering for your Account. You are responsible for maintaining the confidentiality of your password and Account access credentials. You are fully responsible for all activities that occur with the use of your password or Account. Please notify us immediately if you become aware of any unauthorized use of your password or Account or any other breach of your security which may compromise your password or Account. You may not allow third parties or unauthorized users to use your Account. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You may notify Nicky of a security breach regarding your password or Account by emailing [email protected].

3.3 Records

3.3.1 Our Obligations

In compliance with applicable laws and regulations, Nicky is required to keep all documentation and information relating to your Account for the duration that your Account remains active with us and for a period thereafter once your Account is closed.

3.3.2 Your Obligations

Under applicable laws and regulations, you are obliged to keep all records updated.

3.3.3 Request for Documentation and Right to Inspect Records

Nicky, its auditors, any relevant regulatory body, or another competent authority may request access to and inspect your business records given reasonable advance notice or immediately if mandated by law or a regulatory authority. Should you deny such a request, we reserve the right to suspend or terminate your Account.

3.3.4 Information Sharing

You authorize us to disclose information about you, your Account, and Account activities to law enforcement, regulatory bodies, and government agencies. Similarly, you are authorized to disclose information concerning our Services provided to you to these entities.

3.4 Account Suspension and Closure

3.4.1 Your Right to Close Your Account

You may terminate your Account at any time. You remain liable for any fees incurred prior to your Account closure. We will settle any outstanding funds owed to you from sales made before the Account closure. If your Account balance is below our specified minimum transfer amount, you may be liable for any resulting transaction fees. Support for account closure is available through our customer service portal.

3.4.2 Our Right to Decline, Suspend, or Close Your Account

We reserve the right to refuse provision of our Services, or to suspend or close your Account immediately and without notice if we suspect or determine that your Account has been used for illegal or inappropriate activities in violation of applicable laws, these Terms, or other relevant usage terms. This includes but is not limited to breaches outlined in the sections concerning Prohibited and Restricted Business practices. We also retain the right to monitor, retain, and disclose any information as necessary to comply with legal obligations, regulatory requests, or government inquiries.

If your Account remains inactive with no paid transactions for over twelve consecutive months, we may suspend your Account and disable processing capabilities. Notification regarding reactivation procedures will be provided to you.

Nicky also reserves the right to terminate accounts that receive an excessive number of customer complaints.

3.4.3 Effect of Account Closure

Upon closure of your Account for any reason, you agree: (a) to abide by the terms that survive the termination, (b) to cease using the Services immediately, (c) that the license granted under these Terms is terminated, (d) to remove all Nicky trademarks, logos, and branding from your website, apps, and marketing materials, (e) that we are authorized to retain certain Account information and data as required by law, and (f) that we are not liable to you or any third party for the termination of services, Account closure, or the retention of your information and Account data.

4.  PRIVACY

Protecting personal data is important to us. The Nicky Privacy Policy describes the ways in which we collect, use, store and disclose your personal information, and the Privacy Policy is hereby incorporated into these Terms by this reference. Our Privacy Policy can be found at https://nicky.me/policies/privacy-policy/.

5.  ACCEPTABLE USE POLICY

You may use the Services only for lawful purposes and in accordance with the Acceptable Use Policy, so we ask you to review it carefully.

This Acceptable Use Policy (“AUP”) must be read in conjunction with the Terms & Conditions as it forms a part of those Terms. Capitalized words used below but not defined in this policy have the meaning set forth in the Terms & Conditions. “We,” “our” and “us” refers to Nicky.

This AUP sets out a list of acceptable and unacceptable conduct as it relates to the Services. If we believe a violation of this policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may in our sole discretion suspend or terminate your access to your Nicky Account (if applicable). This policy may change, so we recommend that you check back regularly for updates and changes.

Please note that, in order to prevent attempts to circumvent this policy, we reserve the right to deny or delete any user Accounts that are inconsistent with the idea and purpose of this policy, even if it’s something that is not explicitly forbidden by the letter of the policy. In other words, if you do something that isn’t listed here verbatim, but it “looks or feels” like something listed here, we may still act on it.

The word “Services” means the Nicky Services, including but not limited to Services specified at https://nicky.me.

We kindly ask you to:

  • Comply with all Terms & Conditions, including the terms of this AUP;
  • Ensure that all contact information provided by you is accurate, complete and up-to-date and that you will promptly inform Nicky of any material changes;
  • Any changes to such provided evidence at any point after creating a Nicky user must be reported to Nicky without undue delay.
  • Comply with all applicable laws and governmental regulations;
  • Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach.

We will not allow the following, so we ask that you DO NOT:

  • Use the Services for any illegal purpose, or in violation of any laws or Nicky policies.
  • Use the Services to infringe on any third party right.
  • Provide false, outdated or otherwise altered or incorrect documentation.
  • Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
  • Decipher any transmissions to or from the servers running the Services
  • Attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
  • Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
  • Use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
  • Use our Services to stalk, harass, or post direct, specific threats of violence against others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
  • Use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization pursuant to any laws and regulations concerning national security, defense or terrorism;
  • Access or search any part of the services by any means other than our publicly supported interfaces (for example, “scraping”);
  • Abuse any rebates or promotions;
  • Sublicense, resell, time share or similarly exploit the Services;
  • Use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Services
  • Perform any act that could otherwise cause damage to Nicky or any third party
  • Authorize, permit, enable, induce or encourage any third party to do any of the above.

5.1 Our right to terminate/suspend your account

Without affecting any other remedies available to us, we may permanently or temporarily suspend, delete or revoke a Nicky account without notice or liability if we (in our sole discretion) determine that you have violated this Acceptable Use Policy.

6.  MANAGEMENT OF TRANSACTIONS

Nicky provides a robust platform for the management of cryptocurrency transactions through our API-driven services. Users can initiate, track, and manage transactions efficiently using our secure and user-friendly interface. All transactions will be carried out using the API-connection and API-key added by the user on the Settings page inside the Nicky application. 

Nicky ensures that all transactions are processed in accordance with the latest security standards and best practices to maintain the integrity and confidentiality of your data. 

Users are responsible for verifying the accuracy of all transaction details prior to submission, and the accuracy of the API key submitted to Nicky, as Nicky is not liable for errors in transaction execution due to incorrect information provided by the user.

7.  DELAY OR TRANSACTIONS COMPLETED WITH AN ERROR

Nicky strives to process all transactions promptly and accurately. However, there may be instances where transactions are delayed or completed with errors due to factors beyond our control, including but not limited to network issues, software malfunctions, or unforeseen complications with blockchain technology. In such cases, Nicky will work diligently to address the issue as swiftly as possible.

7.1 Delay in Transactions

If a delay occurs, we will provide updates through our platform or via direct communication, keeping you informed of the status of your transaction. We appreciate your patience and understanding as we work to resolve the delay.

7.2 Transactions Completed with an Error

In the event that a transaction is completed with an error, Nicky will conduct a thorough investigation to determine the cause of the error and take appropriate corrective actions. 

Users are encouraged to report any suspected errors immediately to our support team to facilitate a timely resolution. If the error is determined to be due to a fault on our part, we will endeavor to rectify the error by reprocessing the transaction or through other compensatory measures as deemed appropriate under the circumstances.

Users should be aware that while Nicky is committed to providing a high-quality service, it is the responsibility of the user to ensure that all transaction information is correct and to maintain adequate backup of their data.

8.  DISCLAIMER & WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ALL RELATED INFORMATION AND PERFORMANCE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS CONCERNING ANY OF THE CONTENT THAT YOU MAY ACCESS OR GENERATE VIA THE SERVICES OR HTTPS://NICKY.ME, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE LEGALITY OR ACCURACY OF MATERIALS, SUGGESTIONS OR LISTS ACCESSED VIA THE SERVICES OR HTTPS://NICKY.ME. YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE APPLIED OR MANAGED IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER. YOU HEREBY AGREE TO RELEASE NICKY AS WELL AS NICKY’S CONTRACTED PARTNERS AND EXCHANGES FROM ANY AND ALL DAMAGES OR CLAIMS IN ANY WAY CONNECTED TO THE SERVICES.

9.  LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR THE NICKY USER THEREOF USED BY YOU REGARDLESS OF NICKY SERVICE USED, AS WELL AS THE ACCURACY AND LEGALITY OF ANY EVIDENCE SUBMITTED AS PART OF CREATING A NICKU USER, THE CORRECTNESS OF THE CONTACT INFORMATION SUBMITTED AND THE SECURITY OF YOUR ACCOUNT INFORMATION, LOGIN DETAILS AND PASSWORDS, AS WELL AS FOR ANY ACTIVITY AS IT RELATES TO YOUR NICKY USER (REGARDLESS IF YOU ARE AWARE OF IT OR NOT). YOU ALSO AGREE TO INFORM US IMMEDIATELY VIA EMAIL TO [email protected] IF YOU SUSPECT ANY ILLEGAL OR UNAUTHORIZED ACTIVITY OF ANY KIND AS IT RELATES TO YOURNICKY USER. WE WILL NOT, NOR WILL NICKY’S PARTNERS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

IN NO EVENT WILL NICKY, NICKY PARTNERS’, INCLUDING BUT NOT LIMITED TO AUTHORIZED RESELLERS, AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR

THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE ‘PRICING AND PAYMENT” SECTION ABOVE.

YOU UNDERSTAND AND AGREE THAT NICKY AND OR NICKY’S PARTNERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CRYPTOCURRENCY, PROFITS OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS OF THESE TERMS FAIRLY ALLOCATE THE RISKS BETWEEN YOU AND NICKY AND NICKY’S PARTNERS, AND YOU AGREE THAT NICKY AND ITS PARTNERS HAVE RELIED ON THESE PROVISIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS WITH YOU AND TO MAKE THE SERVICES AVAILABLE TO YOU. THIS ENTIRE SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.

THE ABOVE MENTIONED DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10.  INDEMNIFICATION FOR THIRD PARTY CLAIMS

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NICKY AND ITS CONTRACTED PARTNERS, AS WELL AS NICKY’S PARTNERS’S DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUBCONTRACTORS, SUBSIDIARIES, AFFILIATES AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, INCLUDING REASONABLE LEGAL FEES, IN ANY WAY ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH YOUR NICKY USER OR OWNERSHIP OR VIOLATION OF ANY PROVISION IN THE AGREEMENT OR NICKY POLICIES.

IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL NICKY AND ITS CONTRACTED PARTNERS, AS WELL AS NICKY’S PARTNERS’S EMPLOYEES, DIRECTORS, AUTHORIZED AGENTS, PARTNERS, PARENTS, SUBSIDIARIES AND LICENSORS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF MANAGEMENT OR OFFICE TIME, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR FOR ANY DELAY OR ERROR IN PROVISIONING THE SERVICES, OR THE PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO ASSUME EXCLUSIVE DEFENSE , CONTROL AND SETTLEMENT OF ANY MATTER FOR WHICH YOU ARE OBLIGED TO INDEMNIFY US UNDER THESE TERMS AND YOU AGREE TO COOPERATE AT YOUR OWN EXPENSE IN THE DEFENSE AND/OR SETTLEMENT OF SUCH MATTER.

11.  FORCE MAJEURE

We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond Nicky’s reasonable control, which may include, but not be limited to, governmental action, acts of terrorism, earthquake, pandemic, war, fire, riots, flooding, acts of God, a failure by a third party hosting provider or utility provider, labor conditions or strikes, power failures, Internet disturbances, or acts or omissions of third parties.

12.  ASSIGNMENT

You may not assign any of your rights or obligations under these Terms without Our prior written consent.

We may assign, transfer, novate, mortgage, sublicense, hold on trust or otherwise deal in or dispose of, in whole or in part, Our rights and obligations under these Terms in our sole discretion and without notice to you.

13.  CHANGES TO THE TERMS

We may at some point make changes to these Terms or any of the policies referenced herein. If we make a material change, we will notify you either by emailing the email address associated with your account or by notifying you through the Services. You may review the most current version of the Terms at any time by visiting this page, please note the “last updated” date at the top of the page, and by visiting the most current versions of the other policies that are referenced in these Terms. The revised Terms will become effective upon posting of the change.

If Users access or use the Services after that effective date, that use will constitute an acceptance of any revised Terms. If you are accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the revised Terms.

14.  SEVERABILITY

If any section within these Terms is held by a relevant court of law to be unlawful, the wording will be modified and interpreted in such a way that the intended purpose of the section in question is achieved to the fullest extent possible and permitted by law.

Should individual sections of these Terms be or become wholly or partially invalid the remaining Terms will be unaffected.

15.  WAIVER

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nicky. Except as expressly set forth in these Terms, Nicky’s exercise of any of its rights under these Terms will be without prejudice to its other rights under these Terms or otherwise.

16.  APPLICABLE LAW

All disputes between the Parties arising out of or in connection with, or in any way relating to, these Terms as well as any disputes between the Parties in any way connected with the subject matter of these Terms (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of Washington, D.C., United States. 

Contact

Please feel free to contact us if you have any questions about these terms. You may contact us at [email protected] or via our mailing address below:

Nicky L.L.C.
1775 I St., NW Suite 1150,
Washington, D.C. 20006
US

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