These Terms of Service ("Terms") are a legally binding agreement between you and Nibl (ABN [ABN to be added]) ("Nibl", "we", "us", "our"), which operates the website link.nibl.me, the Nibl pages hosted on it, and all related apps, tools and services (together, the "Service").
By creating an account, creating or editing a page, or otherwise using the Service, you agree to these Terms, our Privacy Policy, Cookie Policy, Acceptable Use Policy and Copyright & Trademark Policy, which form part of these Terms. If you do not agree, do not use the Service.
1. Who can use Nibl
1.1 You must be at least 16 years old (or older if the law where you live requires) to create an account. If you are under 18, you confirm a parent or guardian has agreed to these Terms on your behalf.
1.2 If you use the Service on behalf of a business or other organisation, you confirm you are authorised to bind it to these Terms, and "you" includes that organisation.
1.3 You must not use the Service if you are barred from doing so under any applicable law, or if we have previously suspended or terminated your access.
2. Your account
2.1 You must give accurate information when you sign up and keep it up to date.
2.2 You are responsible for everything that happens under your account, and for keeping your password and sign-in methods secure. Tell us immediately at hello@link.nibl.me if you think your account has been accessed without permission.
2.3 Page addresses (such as link.nibl.me/@name) are licensed to you, not owned by you. We may reclaim, change, reserve or reassign any address at any time, including addresses that are inactive, that we reasonably believe infringe someone else's rights or impersonate someone, or that we need for operational, legal or brand reasons.
3. Our rights and discretion
3.1 We may, at any time, in our sole discretion and for any reason or no reason, and with or without notice (except where notice is required by law):
- (a) change, add to, suspend or discontinue all or any part of the Service, including any feature, plan, limit or price;
- (b) refuse, remove, hide, restrict, disable or edit any content, link, page, address or account;
- (c) suspend, restrict or terminate your account or access to the Service;
- (d) refuse service to anyone, or refuse any sign-up;
- (e) investigate any use of the Service, and preserve or disclose information as described in our Privacy Policy;
- (f) require you to verify your identity, your authority, or your connection with any brand, business or person;
- (g) set and change limits on use, storage, traffic, number of pages, links, visitors or messages; and
- (h) take any other action we consider appropriate to protect the Service, our users, the public, or ourselves.
3.2 We are not obliged to monitor content, and we are not responsible for deciding whether content is lawful, but we may do so at any time.
3.3 Nothing in clause 3.1 limits any right you have under clause 16 (Australian Consumer Law and other non-excludable rights). Where the law requires us to act reasonably, give you notice, or give you an opportunity to respond, we will do so. If we end a paid plan for our own convenience rather than because you broke these Terms, we will refund the unused part of any prepaid fee.
4. Your content
4.1 "Your Content" means anything you or people you authorise add to the Service, including links, text, images, files, names, logos and settings.
4.2 You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to host, store, copy, reproduce, adapt (for example, to resize or format), publish, display, distribute and otherwise use Your Content to operate, provide, secure, improve and promote the Service. This licence continues for a reasonable period after you delete Your Content or your account, to allow for backups, legal obligations, and content others have already shared.
4.3 You promise that you own or have all rights needed for Your Content, that it is accurate where it states facts, and that neither Your Content nor our use of it under these Terms will infringe anyone's rights or break any law.
4.4 You are solely responsible for Your Content and for the websites, apps, files and services you link to. We do not endorse, check, or take responsibility for third-party sites or anything a visitor obtains through a link on Nibl.
5. Visitors to Nibl pages
5.1 Nibl pages are created and controlled by their owners, not by us. Owners decide who can see what, and may see information about visitors as described in our Privacy Policy.
5.2 If you visit a Nibl page, these Terms apply to your use of the Service. Anything you obtain through a page - including apps, test builds, files or links - is provided by that page's owner or a third party, at your own risk.
6. Acceptable use
You must follow our Acceptable Use Policy. Breaking it is a breach of these Terms.
7. Brands, names and verification
7.1 You must not use a name, address, logo or content that suggests you are, or are connected with, a person, brand or organisation unless you are.
7.2 We may require you to prove your connection with any name or brand, and keep a page hidden until you do. We may refuse or remove any name at our discretion.
8. Plans, fees and payment
8.1 Some features may require a paid plan. Prices, inclusions and limits are shown at the time you buy and may change. We will give you reasonable notice before a price change applies to an existing subscription, and you may cancel before it takes effect.
8.2 Unless stated otherwise, paid plans renew automatically for the same period until cancelled. You can cancel at any time; cancellation takes effect at the end of the current period.
8.3 Fees are non-refundable except as required by law or as stated in these Terms.
8.4 You are responsible for any taxes that apply to your purchases, other than taxes on our income.
9. Third-party services
The Service relies on and links to third-party services (for example hosting, email delivery, payments, app stores and the sites you link to). We are not responsible for them, and your use of them is governed by their own terms.
10. Our intellectual property
The Service, including its software, design, text, graphics, logos and the "Nibl" name and marks, is owned by us or our licensors. You may not copy, modify, reverse engineer, or create derivative works from any part of the Service except as allowed by law or with our written permission. Feedback you give us may be used by us freely and without obligation to you.
11. Suspension and termination
11.1 You may stop using the Service and delete your account at any time from Settings.
11.2 We may suspend or terminate your account or access at any time under clause 3.
11.3 On termination, your right to use the Service ends immediately. We may delete Your Content after termination, subject to our Privacy Policy and the law. Clauses 4.2 (as to the continuing period), 4.3, 4.4, 10, 12, 13, 14, 15, 17 and any other clause that by its nature should survive, survive termination.
12. Disclaimers
12.1 To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, availability, accuracy, security or non-infringement.
12.2 We do not promise that the Service will be uninterrupted, error-free, secure, or that any content will be kept, displayed or delivered. You should keep your own copies of anything important.
12.3 Analytics, location estimates, visitor counts and similar information are approximate and must not be relied upon for any important decision.
13. Limitation of liability
13.1 To the maximum extent permitted by law, we (and our officers, employees, contractors and suppliers) are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the Service or these Terms, however caused (including negligence), even if we were told it was possible.
13.2 To the maximum extent permitted by law, our total liability for all claims arising out of or in connection with the Service or these Terms is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) AUD $100.
13.3 This clause is subject to clause 16.
14. Indemnity
To the maximum extent permitted by law, you indemnify us, and our officers, employees and contractors, against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from Your Content, your use of the Service, your breach of these Terms, or your infringement of anyone's rights - except to the extent caused by our own breach or negligence.
15. Changes to these Terms
We may change these Terms at any time. If a change materially reduces your rights, we will give you reasonable notice (for example, by email or a notice in the Service) before it takes effect, unless the change is required urgently for legal, security or abuse-prevention reasons. The date at the top shows when these Terms were last updated. If you keep using the Service after a change takes effect, you accept the changed Terms; if you don't agree, you must stop using the Service and may delete your account.
16. Australian Consumer Law and other non-excludable rights
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified - including under the Competition and Consumer Act 2010 (Cth) and the consumer laws of the place where you live. Where we are permitted to limit our liability for failing to meet a consumer guarantee, our liability is limited (at our option) to supplying the services again or paying the cost of having them supplied again. If any part of these Terms would otherwise be unfair, void or unenforceable under such a law, that part is read down to the extent necessary, or severed, and the rest of these Terms continues.
17. Disputes and governing law
17.1 These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia, without limiting any right you have as a consumer to bring proceedings where you live.
17.2 Before starting proceedings (except for urgent interim relief), please contact us at hello@link.nibl.me so we can try to resolve the issue informally within 30 days.
18. General
18.1 These Terms, together with the policies they refer to, are the entire agreement between you and us about the Service.
18.2 We may assign or transfer our rights and obligations under these Terms, including as part of a sale or reorganisation of our business. You may not assign them without our written consent.
18.3 If we don't enforce a right, that is not a waiver of it.
18.4 If any part of these Terms is invalid or unenforceable, it is severed and the rest continues in force.
18.5 We may give you notices by email to your account address or through the Service. You can give us notices at hello@link.nibl.me or Sydney NSW, Australia.
19. Contact
Nibl · ABN [ABN to be added] · Sydney NSW, Australia · hello@link.nibl.me