niki.live (hereinafter referred to as “Niki”) is owned and operated by SINYNN TECHNOLOGY CO., LIMITED, with its registered address at 19H MAXGRAND PLAZA NO.3 TAI YAU STREET, SAN PO KONG, KL.
Please read carefully the following provisions of these TERMS OF USE (“TERMS OF USE”). This is a legal agreement between you and imniki.com (collectively, “Niki”) regarding the use of the Niki software programs and related documentation being installed by you on your device (the “Software”). By downloading the Software and/or using any of the services enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE OR NIKI’S PRIVACY POLICY, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.
This paragraph applies if you have downloaded the Software from the Apple App Store or Google Play (collectively, the “Niki Platform”). Niki and you acknowledge that these Terms of Use are concluded between Niki and you only, and not with the app marketplaces. As between Niki and the marketplaces, Niki (not the marketplaces) is solely responsible for the Software, the Services, and their content. These Terms of Use are not intended to conflict with or provide usage rules that are less restrictive than the Usage Rules set forth in the relevant marketplace Terms of Service, which you acknowledge you have had the opportunity to review.
Subject to your compliance with these Terms of Use, Niki grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, and revocable license to download, install, and use one (1) copy of the Software, in object code format, on your personal computer or mobile device (the “Device”). This license is solely for the purpose of using the Niki application and any other applications that Niki explicitly authorizes through the Software. If you downloaded the Software from the App Store or Google Play, you must follow the usage rules set forth in each marketplace’s Terms of Service.
The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws. It includes trade secrets and confidential/proprietary information of Niki, and you agree to safeguard its confidentiality. All ownership rights in the Software and Services (including documentation, new releases, modifications, and enhancements) belong solely to Niki and its licensors, if any. The Software is licensed, not sold; title does not pass to you. No implied license or other rights are granted beyond what is expressly stated in these Terms. Niki reserves all rights not expressly granted.
You only obtain a license to use the object code version of the Software. You shall not:
(a) copy, modify, adapt, translate, distribute, or create derivative works of the Software/Services;
(b) sublicense, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Software/Services;
(c) decompile, disassemble, reverse engineer, or attempt to discover any source code;
(d) remove or alter any copyright or proprietary notices;
(e) use the Software/Services to create or proliferate a virus or circumvent copy protection or DRM.
Additional Restrictions: You further represent that you shall not:
(i) use the Software/Services for illegal or unauthorized purposes;
(ii) use them in a manner that damages or impairs the Services;
(iii) transmit destructive code;
(iv) display or share content that is hateful, threatening, pornographic, obscene, abusive, or otherwise offensive;
(v) attempt to hack or alter Niki’s website or the Software/source code;
(vi) use or access any Services by means other than the interface provided by Niki.
If your use of the Software/Services depends on bandwidth owned by a third party, you must obtain their consent. You warrant that you own (or lawfully control) the Device. If you no longer control the Device, you must delete the Software from it. By using the Software/Services, you may be exposed to content that is offensive or objectionable. Niki does not endorse such content and disclaims liability for it.
You are solely responsible for any content you transmit or display through the Software/Services. Niki (and Apple/Google, if applicable) is not responsible for such content. You agree to pay for any royalties or fees due to third parties for such content. You also represent that you have the necessary rights to transmit the content, and that it does not infringe any third-party rights.
About Content License: You confirm that you authorize Niki Live to exercise the complete copyright rights (reproduction, distribution, broadcast, network transmission, compilation, adaptation, etc.) of the live broadcasts and moments content (videos, text, pictures, etc.) that you publish on the Niki Live platform. The license is permanent and worldwide.
The Software may incorporate third-party software or technology, which also falls under the scope of these Terms.
Niki may add features or modifications, fixes, updates, or upgrades to the Software/Services at its discretion. Niki is not obligated to provide these updates or new features. You may need to accept revised Terms if you wish to use updated versions. Your device may automatically receive updates from Niki.
For certain Devices, Niki may request permission to use your SMS application to send messages to individuals not registered on the Services. Some of these services may charge additional fees. The Software/Services may not be valid in jurisdictions where prohibited. They are intended only for users 18 or older. Niki may terminate your account if it believes you are under 18 or otherwise violate these Terms.
The Software/Services are not intended for emergency calls (police, ambulance, etc.). Niki is not required to offer such support under local/national laws. Users needing emergency services must separately obtain traditional phone services for emergency access.
Niki may use lawful means (e.g., technological barriers, IP mapping) to prevent unauthorized use.
License Grant to Niki: You authorize Niki to collect and use address books, contact lists, and unique phone identifiers in your Devices for your use of the Services.
Niki may provide additional paid features (“Premium”) or services. Sometimes these may be free trials. References to “Services” generally include these paid items. Payment typically uses in-app purchased coins first, then free coins (if any).
Premium and paid services may be subscription-based, usage-based, or otherwise described at purchase. By purchasing, you agree to all charges according to the billing terms, whether from Niki or the app store. If you buy a subscription, it is a recurring payment until canceled. All refund or dispute questions must follow the app store’s rules. Full refunds may be available if permitted by the store’s policies, subject to certain exceptions (e.g., no refunds if banned).
You may terminate the Services by uninstalling the Software from your Devices. If subscribed to Premium services, you must handle payment cancellations with the app store/payment processor.
Niki may limit, suspend, or terminate your use of the Software/Services if it believes you breach these Terms, create legal liabilities, fail to pay, infringe IP rights, or engage in fraudulent activities. Niki is not obliged to provide these Services and is not liable for changes or suspension.
If a Premium service includes content storage, Niki uses reasonable efforts to store it. However, Niki is not responsible for loss or deletion of stored content. If you are inactive for more than 30 days, Niki may delete stored content.
The Services may link to other websites for user convenience. Using or accessing these sites is at your own risk. Niki disclaims liability for any third-party content.
“YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Niki, ITS LICENSORS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES...”
You cannot assign these Terms. Niki may assign them at its sole discretion.
The Software/Services are provided “AS IS” and “AS AVAILABLE.” Niki disclaims all implied warranties (merchantability, fitness, etc.). Your sole remedy is to uninstall and cease use.
Niki does not guarantee uninterrupted or error-free Services, nor that any issues will be corrected.
You use the Services at your own risk. Niki is not liable for device/data damage.
Niki is not liable for direct/indirect damages or loss of profits. Some jurisdictions disallow such exclusions. Any cause of action must commence within one (1) year. App marketplaces bear no responsibility for claims regarding the Software or Services.
You agree Niki sets prices relying on these disclaimers/limitations. Without them, Niki could not offer the Software/Services at reasonable prices.
All feedback you submit becomes Niki’s property. Niki may use it for any purpose without compensation.
Niki may notify you of changes via email or postings. Using the Services after notification indicates acceptance.
Niki may amend these Terms by publishing revised terms or giving notice. The revised Terms become effective after the notice period, unless you accept earlier.
You affirm you are competent to enter into these Terms of Use.
These Terms represent the complete agreement. Amendments must be in writing, signed by both parties. If any part is unenforceable, the remainder stands in full force.
Failure by Niki to enforce any right does not constitute a waiver. A waiver must be in writing, signed by Niki.
Headings are for convenience only and do not limit any provisions.
You acknowledge Niki may seek injunctive or equitable relief if you breach. You waive rights to seek such relief.
If downloaded via an app marketplace, that marketplace is a third-party beneficiary to these Terms. You agree to comply with all third-party terms when using the Software/Services.
If you are located outside the United States (Non-US Users):
1. The place of signing this Agreement is the Republic of Singapore.
2. The conclusion, validity, performance, interpretation, revision, termination, and dispute resolution of this Agreement are governed by the relevant laws and regulations of the Republic of Singapore.
3. In the event of any dispute or disagreement arising out of this Agreement, you and the Company shall first attempt to resolve it through negotiation. If negotiations fail, the dispute or disagreement shall be submitted to a court of competent jurisdiction in Singapore for resolution.
If you are a user in the United States:
1. This Agreement and its formation, enforceability, modification, termination, and any related disputes are governed by the laws of the state in which you reside. However, any arbitration clause in this Agreement is governed by the Federal Arbitration Act and the Consumer Arbitration Rules of the American Arbitration Association (AAA), along with its Supplementary Rules for Class Arbitration (AAA Rules).
2. If, for any reason, AAA refuses or is unable to administer the arbitration, the Comprehensive Dispute Resolution Rules and Procedures of the National Arbitration and Mediation (NAM), including its Supplementary Rules for Class Arbitration, will apply, subject to appropriate adjustments in accordance with the arbitration clause of this Agreement.
3. Should any dispute or disagreement arise, both parties shall first endeavor to resolve it through negotiation. If negotiations fail, arbitration or litigation will proceed in accordance with the arbitration provisions stated above.
Niki may utilize carrier-distributed mobile messaging (SMS) to verify ownership of phone numbers.
For information or technical support, please email help@imniki.com.
Company Name: SINYNN TECHNOLOGY CO., LIMITED
Address: 19H MAXGRAND PLAZA NO.3 TAI YAU STREET, SAN PO KONG, KL
Date: September 28, 2022