Licence agreement
End user licence agreement, or EULA
This is the licence agreement for Nia, the iPhone application. It governs one specific thing: the right granted to you to use it. What the service does, what each plan includes and how subscriptions work are in the terms of use, and what happens to your data is in the privacy policy. The three documents are read together.
By downloading, installing or using Nia you accept this licence. If you do not accept it, do not install the application, and if you already have, uninstall it.
1. This agreement is between Nia and you, not Apple
This licence is entered into solely between Nia and you, and not with Apple Inc. or any of its subsidiaries. Nia, and not Apple, is solely responsible for the Nia application and its content.
Apple only distributes the application through the App Store. Nothing this licence says places any obligation on Apple.
2. What is licensed to you
You are granted a personal, limited, non exclusive, revocable and non transferable licence to use Nia:
- on any Apple branded products that you own or control,
- as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions,
- and also from the other accounts associated with yours through Family Sharing or volume purchasing, where applicable.
The licence is granted over the use of the application. Nothing is sold or transferred to you in ownership. The software, its design, its code, the "Nia" trade mark and all associated material remain the property of Nia or of whoever holds them, and all rights not expressly granted to you here are reserved.
3. What you may not do with the application
You may not, directly or through a third party:
- Copy, distribute, rent, lend, sell, sublicense or assign the application, except as the Apple Usage Rules or a mandatory rule of law allow.
- Decompile, disassemble or reverse engineer the application, except to the extent the law expressly permits and only within that margin.
- Modify the application, create derivative works from it or remove any proprietary notices it carries.
- Circumvent, disable or interfere with your plan's usage limits, with the security mechanisms or with the application's integrity checking.
- Automate access to the service, extract data in bulk or use it to build a competing service.
- Use it in any product or service where a failure could cause harm to life, health or the environment.
4. Acceptable use
Nia answers what you ask it, but you are the one deciding what to ask, and you answer for that. You may not use it to:
- Carry out illegal activities, or generate content that infringes the rights of others.
- Generate images, video or text impersonating a real person without their permission, or that is sexually explicit involving real people.
- Harass, threaten, defame or send unsolicited communications, including inside groups.
- Enter other people's personal data without a legitimate basis for doing so.
Breaching this may lead to suspension or termination of the licence and of your account. Groups and voice radio carry tools to report, block, mute and remove, and reported content is reviewed. A reported voice notice is kept for thirty days solely for that review.
5. Subscriptions
Nia has a free plan and two subscription plans, with the limits published on the pricing page. Subscriptions are taken out and charged through your Apple account, renew automatically unless you cancel at least twenty four hours before the end of the period, and are managed and cancelled from your Apple account settings, not from Nia. Refunds are handled by Apple under its own terms.
A subscription cannot be bought on a guest account, because an anonymous account cannot be recovered from another phone and the paid plan would end up out of your reach. The application asks you to identify yourself before charging anything.
6. Your content and generated content
What you write, dictate or attach remains yours. No rights over it are claimed and it is not used to train artificial intelligence models.
The content Nia generates from your requests, such as text, images or video, is yours to the extent applicable law recognises rights over content created with artificial intelligence systems, which in many jurisdictions is an open question. You are responsible for how you use it, including any obligation to mark it as synthetic content where the law requires.
7. Maintenance and support
Nia is solely responsible for providing any maintenance and support services for Nia, as set out in this licence or as required by applicable law. The support channel is hola@niapersonal.com.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this application.
8. Warranty
Nia is solely responsible for any product warranties over the application, whether express or implied by law, to the extent not effectively disclaimed.
You may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Nia.
Nia is built on a language model and can get things wrong. Check what it does before taking it as final, especially for decisions with consequences: emails sent, events involving other people, health data or spending. There are also actions iOS does not allow a third party application to complete, documented in what iOS will not allow. The service is provided "as is" and is not guaranteed to be available without interruption or free of errors.
Nia is not a medical device, a legal service or a financial service, and its answers do not replace the judgement of a professional.
9. Product claims
Nia, and not Apple, is responsible for addressing any claim of yours or of a third party relating to the application or to your possession or use of it, including without limitation:
- product liability claims;
- any claim that the application fails to conform to an applicable legal or regulatory requirement;
- and claims arising under consumer protection, privacy or similar legislation, including those in connection with the application's use of the HealthKit and HomeKit frameworks.
This licence does not limit the liability of Nia towards you beyond what applicable law permits.
10. Third party intellectual property
In the event of any third party claim that the application, or your possession and use of it, infringes that third party's intellectual property rights, Nia, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
11. Legal compliance and export control
By accepting this licence you represent and warrant that:
- you are not located in a country subject to a United States Government embargo, or in a country the United States Government has designated as a terrorist supporting country;
- and you are not listed on any United States Government list of prohibited or restricted parties.
You further undertake to comply with applicable export control law and not to use the application for any purpose it prohibits.
12. Third party terms
When using Nia you must comply with the applicable terms of the third parties involved. In particular, and without the list being exhaustive: the terms of your mobile operator and your data plan, those of your Apple account, those of your Google account when you connect it, and those of WhatsApp, Uber, Spotify, Telegram or any other service Nia opens at your request.
Nia does not control those services. If one of them changes, fails or restricts access, the corresponding feature may stop being available, and the application will say so rather than pretend the action completed.
13. Apple as third party beneficiary
Apple and its subsidiaries are third party beneficiaries of this licence. Upon your acceptance of its terms, you acknowledge and agree that Apple will have the right, and will be deemed to have accepted the right, to enforce this licence against you as a third party beneficiary of it.
14. Personal data
The processing of your data is governed by the privacy policy, which forms part of this agreement. Where the two documents conflict on the processing of personal data, the privacy policy prevails.
15. Term and termination
This licence is in force while you use the application. It terminates automatically if you breach any of its conditions, and also when you uninstall the application or delete your account from Settings, under Account.
Access may be suspended or terminated for an account that breaches section 4, with prior notice unless the breach is serious or requires immediate action. On termination you must stop using the application and uninstall it. The sections on intellectual property, warranty, liability and governing law survive termination.
16. Liability
To the extent permitted by law, the total liability of Nia arising from this licence or from your use of the application is limited to the amount you have paid for the service in the twelve months before the event giving rise to it.
Nothing in this licence excludes or limits liability for wilful misconduct, gross negligence, harm to life or physical integrity, or any other liability the law does not allow to be excluded. If you are a consumer, you keep in full the rights granted to you by consumer law, which apply in any case and are not affected by this section.
17. Governing law and disputes
This licence is governed by Spanish law. If you are a consumer, you keep the right to bring proceedings before the courts of your own domicile and to use the European Union online dispute resolution platforms, and the mandatory provisions of the law of your country of habitual residence will also apply to you.
18. Who answers and where to write
Any question, complaint or claim about the application should be directed to:
- Nia
- Spain
- Email: hola@niapersonal.com
Replies come through the same channel. If you need the full postal address, for example for a formal complaint or a legal notice, write to that email address first and it will be provided.
19. Changes to this licence
This licence may be updated. Material changes are notified inside the application before they take effect, and the date in the header always reflects the latest version. If you carry on using the application after a change takes effect, you are taken to accept it; if you do not accept it, you can stop using the application and delete your account.