NiftyBot Terms of Service

Effective date: September 01, 2025

Contracting entity: NiftyBot LLC (“NiftyBot,” “we,” “us,” or “our”)

By creating an account, obtaining an API key, or using NiftyBot’s websites, dashboards, SDKs, and application programming interfaces (together, the “Service”), you agree to these Terms of Service (the “Terms”). If you are accepting for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

1. Accounts and API Keys

1.1 Registration. You must create an account and obtain one or more API keys to use the Service. Provide accurate information and keep it current.

1.2 API Keys. Keep keys confidential. Do not share, sell, transfer, or embed keys in client-side code that exposes them publicly. You are responsible for all use of your keys.

1.3 Access Control. We may approve, refuse, rate limit, throttle, revoke, or suspend access to the Service or specific features at any time for any reason, including suspected abuse, security or legal risk, non-payment, or violation of these Terms.

2. Definitions

Source Data” means the input content you or your users send to the Service, including text, structured payloads, and files.

Enrichments” or “Output” means the content the Service generates and returns in response to Source Data.

Usage Data” means logs, metrics, telemetry, and other technical information about access to and use of the Service.

NiftyBot Units (NBU)” means NiftyBot’s metered usage unit for the Service. Each API call consumes NBUs based on request complexity, models and tools used, and other factors measured by NiftyBot’s metering systems and shown in your dashboard or documentation.

3. Golden Rule for Inputs

When you use the API or dashboard, you transmit Source Data that you control. Do not send proprietary, confidential, personal, or other sensitive information unless you have all necessary rights and comply with applicable law. You are solely responsible for the nature, quality, and legality of Source Data and your use of Enrichments.

4. License and Use Restrictions

4.1 License. Subject to these Terms, NiftyBot grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service to build and run your applications.

4.2 Restrictions. You will not:

a) copy, modify, create derivative works of, reverse engineer, or attempt to extract source code from the Service where that restriction applies by law;

b) use the Service to build or train models or services that compete with NiftyBot;

c) bypass or disable security features, rate limits, or monitoring;

d) scrape, index, or harvest the Service or Enrichments outside documented APIs and limits;

e) use the Service for unlawful, harmful, fraudulent, infringing, harassing, or abusive activity;

f) use the Service for high-risk or safety-critical activities without our written approval;

g) submit content that is unlawful, defamatory, pornographic, exploitative, hateful, or that promotes violence or self-harm.

4.3 Compliance. You will comply with all laws, rules, and regulations that apply to your use of the Service and your applications.

5. Data and Content

5.1 Your Responsibility for Source Data. You choose what to send and which Enrichments to request. You are responsible for notices and consents required for any data you submit. See the Golden Rule for Inputs.

5.2 Storage and Retention. NiftyBot retains Source Data, Enrichments, and Usage Data for as long as necessary to operate, secure, and improve the Service and to develop new features. There is no default opt-out of logging, retention, or model training. Any deviation requires a separate written agreement. We may retain de-identified or aggregated information indefinitely.

5.3 Model and Product Improvement. We use advanced AI models and third-party data connectors to provide the Service. We may use Source Data, Enrichments, and Usage Data to train, tune, evaluate, and improve models and features.

5.4 Third-Party Services. Some features route, process, or retrieve data through third-party model providers, data sources, or infrastructure. Your use of those features may be subject to additional third-party terms. For clarity, Enrichments may include or be derived from third-party content; see §14.4 (Third-Party Content and Source-Site Terms).

5.5 Quality and Human Review. Enrichments are probabilistic and may be inaccurate, incomplete, or biased. You must validate Enrichments for your use case and implement human review and safeguards where appropriate. We do not guarantee accuracy or fitness for a particular purpose.

5.6 Sensitive Data. The Service is not designed for protected health information, payment card data, government identifiers, or other special categories of personal data. If you submit such data, you remain responsible for all compliance obligations and safeguards.

5.7 Interpretive Nature; Confidence Scores. Enrichments are model-generated interpretations of Source Data and other inputs. They are estimates, opinions, or classifications, not statements of fact. Any confidence, probability, or quality score (including a value of 1.0) reflects model scoring and does not represent certainty, accuracy, or truth. Enrichments may be incomplete, outdated, biased, or incorrect, and may change if re-run. You must not rely on Enrichments without independent verification and appropriate human review. You are solely responsible for decisions made or actions taken based on Enrichments.

6. Fees, Billing, and NiftyBot Units

6.1 Plans and Allotments. Subscription tiers include a monthly allotment of NBUs. Allotments reset monthly and do not carry over.

6.2 NBU Consumption. Each API call consumes NBUs based on request complexity, model selection, tools used, and other metered factors. We may display estimated or actual NBU usage per call. We may round metered usage to the nearest billing increment.

6.3 Overage and Overage Controls. After you exhaust your monthly allotment, continued use incurs per-NBU overage charges at the rate shown in your dashboard. You may enable an overage block in your customer portal. If enabled, once you reach your monthly allotment we will reject further API calls until reset or upgrade.

6.4 Pricing and Changes. Prices and overage rates appear in your dashboard. We may change pricing with notice. Changes take effect in the next billing period unless you agree otherwise for add-ons.

6.5 Payment; Taxes. You authorize NiftyBot to charge your payment method for subscriptions, overages, add-ons, and applicable taxes. Fees are exclusive of taxes. You are responsible for all taxes other than those based on our net income.

6.6 Billing Cycle; No Refunds. Subscriptions bill in advance. Overage bills in arrears or as incurred. Except as required by law, fees are non-refundable, including for partial periods or unused NBUs.

6.7 Credits and Trials. Promotional credits and trial NBUs have no cash value, are non-transferable, and may expire as stated.

6.8 Metering and Disputes. NiftyBot’s logs and metering are authoritative for billing. If you believe there is a billing error, notify us within 15 days of the charge. Otherwise charges are deemed accepted.

6.9 Non-Payment; Suspension. We may suspend or limit the Service for non-payment, invalid or expired payment methods, or unpaid balances. Suspension does not relieve payment obligations.

6.10 Fair Use; Limits. We may enforce rate limits, quotas, and other technical or operational limits. We may throttle or suspend access that risks platform stability, abuse, fraud, or legal issues.

7. Changes to the Service

We may modify, discontinue, or deprecate features or APIs. For breaking changes to generally available APIs, we will use commercially reasonable efforts to provide advance notice.

8. Publicity

You grant NiftyBot a non-exclusive, worldwide, royalty-free, revocable license to display your company name and logo to identify you as a customer on our websites, product interfaces, presentations, and marketing materials. We will follow reasonable brand guidelines you provide and will not imply endorsement. You may opt out by submitting a request via the contact form. We will cease new uses and make commercially reasonable efforts to remove your marks from public materials within ten business days after receipt. This clause does not authorize press releases, case studies, or testimonials, which require your prior written approval. For government or specially regulated entities, logo use requires prior consent.

9. Privacy and Data Protection

See our Privacy Policy. If we process personal data on your behalf and you are subject to GDPR, CPRA, or similar laws, a Data Processing Addendum may be available upon request. Processing occurs in the United States.

10. Security and Incident Notice

You will implement appropriate administrative, technical, and physical safeguards for your systems and Source Data, including encryption in transit and access controls. If NiftyBot becomes aware of unauthorized access to systems that store Source Data, we will notify you without undue delay subject to legal and security constraints. You will promptly notify us of incidents on your side that materially impact the Service or Source Data.

11. Monitoring, Verification, and Suspension

We may monitor use for quality, security, and compliance. We may require identity or domain verification, implementation details, or other information. We may suspend or throttle access immediately without prior notice where harm, abuse, fraud, security incidents, or material legal risks are likely.

13. Acceptable Use

In addition to Section 4, you must not use the Service for biometric identification or persistent surveillance, unlawful discrimination, child sexual abuse material, malware or botnets, weapons development, or other illegal activities. You must not attempt to re-identify de-identified data.

14. Intellectual Property

14.1 Ownership of Inputs and Outputs. As between you and NiftyBot, you retain all rights in Source Data. Subject to these Terms, applicable law, and any third-party terms that apply to specific features, and only to the extent NiftyBot has any assignable rights, NiftyBot assigns to you any such rights NiftyBot may have in the Enrichments generated for you. Enrichments may include or be derived from third-party content (e.g., web pages, datasets, or model outputs). NiftyBot does not assign or grant you any rights in third-party content; you are responsible for obtaining any permissions required for your use.

14.2 Non-Exclusivity and Similarity. Enrichments may not be unique and may be similar to content generated for others. No exclusivity is granted.

14.3 Service IP. We and our licensors retain all rights in the Service, models, algorithms, tools, prompts, templates, documentation, and related intellectual property. No licenses are granted except as stated.

14.4 Third-Party Content and Source-Site Terms. Enrichments may reference, summarize, paraphrase, or otherwise incorporate third-party content obtained via web retrieval and/or model providers. Your use of such content may be subject to third-party terms (including source-site terms and robots policies). You are responsible for complying with those terms. For clarity, facts and ideas are not protected by copyright, but expressive content may be.

14.5 No Representation of Rights; No IP Indemnity. NiftyBot does not represent or warrant that Enrichments are free of third-party rights or suitable for your intended use, and provides no intellectual-property indemnity for Enrichments. You are responsible for validating Enrichments and obtaining any required licenses or permissions.

15. Open Source Components

Some features include open-source components. Where a component’s license conflicts with these Terms, the open-source license governs your use of that component.

16. Confidentiality

Non-public information marked or reasonably understood as confidential is “Confidential Information.” The receiving party will use it only to exercise rights and perform obligations under these Terms and will protect it with reasonable care. Exceptions apply to information that is public, known without duty of confidentiality, independently developed, or rightfully obtained from a third party.

17. Export and Sanctions

You will comply with export control and sanctions laws. You may not use the Service if you are located in or controlled by a sanctioned jurisdiction or on a restricted parties list.

18. Government Use

The Service and documentation are Commercial Items. Government entities may use the Service on these commercial terms. NiftyBot is not entering into government procurement contracts by virtue of your use of the self-serve Service and does not accept FAR or DFARS terms without a separate signed agreement.

19. FCRA Guardrail

NiftyBot is not a consumer reporting agency and Enrichments are not consumer reports. You will not use the Service or Enrichments for eligibility determinations in credit, employment, housing, insurance, or similar contexts unless we enter a separate written agreement that specifically permits it.

20. Benchmarking and Disclosures

You will not publish benchmarks or comparative tests that identify NiftyBot without our prior written consent.

21. Third-Party Terms and Source-Site Compliance

Certain features interoperate with third-party models, data sources, or infrastructure. Your use of those features is subject to the third parties’ terms. If you direct the Service to retrieve content from a source site, you are responsible for complying with that site’s terms and robots policies.

22. Term, Termination, and Suspension

These Terms begin when you first use the Service and continue until terminated. You may stop using the Service at any time. We may suspend or terminate access, remove content, and deactivate keys with or without notice for any reason, including violation of these Terms, suspected fraud, security risk, non-payment, or to comply with law. Upon termination you must stop using the Service and delete keys and confidential information. Sections intended to survive will survive.

23. Indemnification

You will defend, indemnify, and hold harmless NiftyBot and its affiliates, officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your Source Data, your applications, your use of the Service, or your violation of these Terms or law.

24. Disclaimers

The Service and all Enrichments are provided “as is” and “as available.” To the maximum extent permitted by law, NiftyBot disclaims all warranties, express or implied, including accuracy, non-infringement, merchantability, fitness for a particular purpose, and that Enrichments are free of errors or bias. Enrichments are not facts or professional advice and must not be treated as such, even where a confidence score is displayed (including 1.0). NiftyBot has no obligation to update, correct, or supplement any Enrichment, to monitor third-party sources, or to identify changes in underlying information.

No Reliance Liability. Without limiting the Limitation of Liability section, NiftyBot will not be liable for any losses, damages, or claims arising from or related to reliance on Enrichments (including decisions, forecasts, or actions taken or not taken), regardless of any displayed confidence score or label.

25. Limitation of Liability

To the maximum extent permitted by law, NiftyBot will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption. Our aggregate liability for all claims will not exceed the amounts you paid to NiftyBot for the Service in the twelve months before the event giving rise to liability. These limits apply even if a remedy fails its essential purpose.

26. Dispute Resolution; Governing Law; Venue; Arbitration

26.1 Governing Law and Venue. New York law governs these Terms, without regard to conflicts of laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for claims not subject to arbitration.

26.2 Informal Resolution. Before filing a claim, the parties will attempt to resolve disputes informally for at least thirty days.

26.3 Arbitration and Class Waiver. Except for claims that may be brought in small claims court and claims for injunctive relief, all disputes will be resolved by binding arbitration on an individual basis administered by JAMS or AAA. Class actions and class arbitrations are not permitted. You may opt out of this arbitration provision by  contacting us within thirty days of first acceptance of these Terms.

27. Changes to Terms

We may update these Terms. If we make material changes, we will provide notice. Your continued use after the effective date constitutes acceptance.

28. Notices

We may provide notices by email, in-product messages, or by posting on our site. You may contact us with legal and other notices.

29. Order of Precedence

If there is a conflict, the following order governs: an Order Form or other signed agreement, Data Processing Addendum, Service Level Agreement, these Terms, then the Acceptable Use section.

30. Assignment

You may not assign these Terms without our consent. We may assign these Terms.

31. Miscellaneous

These Terms are the entire agreement regarding the Service and supersede prior agreements. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control.