Terms & Conditions

Last Updated: November 2022

Acceptable Use Policy

This Acceptable Use Policy (this “AUP”) governs your access to and use of Niuz’s proprietary mobile application(s) (individually, the “App”) and online software platform and related services (collectively, with the App(s), the “Platform”). In this AUP, “Niuz”, “we”, or “us” refers to Niuz Corporation, and “you” refers to you, the end-user downloading, installing and/or using the App or otherwise accessing and using the Platform.

By [clicking the “I accept” button when logging in], you accept and agree to be bound and abide by this AUP, as it may be amended by Niuz from time to time. Niuz reserves the right to amend this AUP at any time and in its sole discretion. The most recent version of this AUP, available https://niuz.com/terms-conditions/ , shall control and supersede any and all other versions of this AUP. Continued use of the App or the Platform following the posting of any such amendments will constitute your acceptance of such amendments. If you do not agree to this AUP, do not download, install or use the App, and you must not access or use the Platform.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with this AUP. You agree not to use the Platform:

  • In any way that violates, or encourages violation of, any applicable federal, provincial, territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • To send, transmit, knowingly receive, upload, download, store, share, distribute, display, publish, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction.
  • To transmit, or procure the sending of, any unauthorized or unsolicited advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Niuz, a Niuz employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by Niuz, may harm Niuz or users of the Platform or expose them to liability.

Additionally, you agree not to:

    • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with anyone’s use of the Platform.
    • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose.
    • Use any device, software, or routine that interferes with the proper working of the Platform.
    • Introduce any viruses or other software or material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, database, or other resource or element connected to the Platform.
    • Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Platform.
    • Otherwise attempt to interfere with the proper working of the Platform.

Content Standards

The Platform may allow you to post content, including, without limitation, comments, posts, photos, images, media, text, or other information or materials. You agree not to use the Platform to send, transmit, knowingly receive, upload, download, store, share, distribute, display, publish, use, or re-use any content which:

  • Contains any material that is defamatory, obscene, profane, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Contains, depicts or promotes sexually explicit or pornographic material, violence, harmful or dangerous activities, or discrimination based on race, gender, sexual orientation, religion, nationality/ethnicity, disability, sexual orientation, age or other prohibited ground.
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of Niuz or any other person.
  • Violates the legal rights (including, without limitation, the rights of personality, publicity, and privacy) of any other person or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Is false, misleading or likely to deceive any person.
  • Facilitates or promotes any illegal activity or advocates, promotes, or assists any unlawful act.
  • Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, humiliate, or alarm any other person.
  • Impersonates any person or misrepresents your identity or affiliation with any person or organization.
  • Involves unauthorized or unsolicited sales promotions or advertising.
  • Gives the impression that they emanate from or are endorsed by Niuz or any other person or entity, if that is not the case.

Monitoring and Enforcement

Niuz may, in its sole discretion, determine whether your conduct is in compliance with this AUP. In addition to any other rights or remedies that may be available, Niuz has the right (but not the obligation) to:

  • Monitor your use of the Platform in our sole discretion.
  • Investigate any violation of this AUP or misuse of the Platform, and take any action we deem necessary or appropriate in our sole discretion, including without limitation, removing a user’s content from the Platform and/or immediately suspending or terminating a user’s access to all or part of the Platform, if we believe such user’s conduct: violates any applicable law; violates this AUP or any other applicable policies or terms of service, as amended by Niuz from time to time; infringes any intellectual property right or other right of any person or entity; threatens the safety of users of the Platform or the public; or could create liability for or have an adverse impact on Niuz or its service providers.
  • Disclose your identity or other information about you to any third party who claims that content posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or violation of this AUP.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this AUP, with or without notice.

Without limiting the foregoing, Niuz has the right to disclose the identity or other personal information of anyone who accesses and uses the Platform with law enforcement or other government agencies if we are required to do so to meet legal and regulatory requirements, for example, if Niuz is required to provide records to law enforcement in response to a valid court order. 

Reporting

If you encounter content that you believe violates this AUP, please report it to us here: info@niuz.com, Subject: Violation of Terms and Conditions

Contact

Any questions or concerns regarding this AUP, should be directed to Niuz at PO Box 74524, RPO Humbertown CTR, Etobicoke ON M9A 5E2, Canada or at info@niuz.com.