Nito Terms of Use

These Terms of Use (“Terms”) govern your access to and use of our websites (any page on the nito.one domain, including https://nito.one) and (b) mobile applications (any feature of the mobile application “Nito”) (collectively, the “Application”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Application (collectively referred to as "Content"). Before using the Application, you are required to read, understand and agree to these terms. Please be advised that your use of the Application constitutes your agreement to these Terms, so you should read them carefully. You may only access the Application after reading and accepting these Terms of Use.

 

  1. General

    1. Choice of law. Your relationship is with Nito Pte. Ltd., a Singapore company (“Nito”), and you agree to be bound by the laws of Singapore. 

    2. Privacy Policy: Any information that you provide to the Application or Nito or its affiliates is subject to our Privacy Policy, which governs our collection, use and/or disclosure of your personal data. 

    3. Indemnity: By using the Application, you agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless Nito and all of its employees, shareholders, owners, officers and agents (“Nito Group”) harmless from and against any claim or demand, made by any third party arising out of: 1) your use of the Application; 2) Content (including posts, images, videos, and other materials) you upload or share on the Application); 3) your connection to the Application; 4) your violation of these Terms of Use; or 5) violation of any other applicable laws.

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  2. Basic Terms

    1. You are responsible for your use of the Application, for any Content you post to the Application, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Application who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. 

    2. You may use the Application only if you can form a binding contract with Nito and are not a person barred from receiving services under the laws of Singapore. 

    3. The Application is always evolving and the form and nature of the Application may change from time to time without prior notice to you. In addition, Nito may stop (permanently or temporarily) operating the Application (or any features within the Application) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

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  3. Content

    1. Ownership: You retain all rights and ownership in your Content. Nito may not monitor or control the Content posted via the Application and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Application or obtained by you through the Application is at your own risk.

      We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Application or endorse any opinions expressed via the Application. You understand that by using the Application, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Nito be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Application or broadcast elsewhere.

    2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, copy, perform, display, create derivative works of, adapt and distribute your Content in any and all media throughout the world. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.

    3. Passwords. You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your password. Nito cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

    4. Restrictions on Content and Use of the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Application, to suspend or terminate users, and to reclaim usernames without liability to you. Your right to access and use the Application is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
      1. discuss or incite anything unlawful, misleading, malicious, or discriminatory;
      2. defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Application, or any other individuals, groups or entities; 
      3. post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, or threatening or otherwise inappropriate to any individual or group; or
      4. post anything contrary to our public image, goodwill or reputation.

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  4. License

    Nito gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Nito as part of the Application. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Application as provided by Nito, in the manner permitted by these Terms. This license is revocable and Nito reserves the right to limit or terminate your authorization to use the Application at any time.

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  5. Nito Rights

    All right, title, and interest in and to the Application (excluding Content provided by users) are and will remain the exclusive property of Nito Pte. Ltd. and its licensors. The Application is protected by copyright, trademark, and other laws of Singapore. Nothing in the Terms gives you a right to use the Nito name or any of the Nito trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nito, or the Application is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

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  6. Disclaimer of Warranties.

    1. You acknowledge and agree that by accessing or using the Application, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through the Application do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.

    2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your Content.

    3. Disclaimer of Warranties: The Application is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) the Application will meet your requirements; (2) the Application will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of the Application will be accurate or reliable.

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  7. Limitation of Liability.

    1. Limitation of Liability: IN NO EVENT SHALL NITO GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.

    2. THE NITO GROUP’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (S$100).

    3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

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  8. Dispute settlement

    You agree that your relationship shall be governed by the laws of Singapore and that any claims or grievances of any nature shall be brought exclusively in the courts of Singapore.

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  9. Termination

    1. You can stop using the Application at any time.

    2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Application. We may also stop giving you access to the Application, or add or create new limits to the Application at any time.

    3. If we determine in our reasonable judgment that you are not employed by or ceased employment with the company to which you have an access account in the Application, we may suspend or terminate your access to such account or the Application without prior notice, at our sole discretion.

    4. If the Application is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your Content. 

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  10. Notices

    1. Notice to Nito. Unless these Terms say otherwise, you must send any notices to: Nito Pte. Ltd., 160 Robinson Road, #14-04, Singapore (068914). 

    2. Notice to you: For purposes of service messages and notices about the Application, Nito will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Application.

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  11. Others

    1. English Version. The English version of this Agreement will be the version used when interpreting or construing this Agreement.

    2. Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.

    3. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Nito to enforce such Terms.

    4. Assignment or Transfer: You are not allowed to assign or transfer your rights or obligations under this Agreement to someone else without our written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Application, or otherwise) without your permission.

    5. Entire Agreement. These Terms are the entire and exclusive agreement between Nito and you regarding the Application, and these Terms supersede and replace any prior agreements between Nito and you regarding the Application. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Application after those revisions become effective, you agree to be bound by the revised Terms.

Effective: 1 August 2020

Last Updated: 1 August 2020