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imniki.com(herein after referred to as Niki) is owned and operared by Niki Group with registered address ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL.

Niki – Terms of UsePlease read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement
(collectively, the “Niki”) and you 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.

1. This paragraph is intended to apply to you if you have downloaded the Software from the app marketplaces such as the Apple App Store and the Google Play (the “NikiPlatform”). Nikiand you acknowledge that this Terms of Use is concluded between Nikiand you only, and not with the app marketplaces, and as between Niki and the marketplaces, Niki, not the marketplaces, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).2.      License Grant.Subject to your compliance with the terms and conditions set out in this Terms of Use, Niki grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Niki application and any other applications that may be explicitly authorized by Nikifor use through use of the Software, and if you have downloaded the Software from the App Store or the Google Play, as permitted by the Usage Rules set forth in the eachapp marketplace Terms of Service as of the date hereof, you shall follow the usage rules set forth in this Application Market Terms of Service.3.      Ownership.The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Niki and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Niki and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Niki hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.4.      Restrictions.

You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

2. Additional Restrictions.

You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Niki’swebsite, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Niki, or (vi) use or access any of the Services by any means other than through the interface provided by Niki.

3. Your Utilization of Your Device.

If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Niki does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Niki Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

4. Your Content.

You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Niki (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Niki RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

5. Third Parties.

The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

6. New Versions of the Software.

Niki, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. Niki has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that Niki may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

7. Third Party Fees.

For particular Devices, Niki may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.

The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Niki may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

8. No Access to Emergency Services.

The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Niki is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Niki is not a replacement for your primary telephone service.

9. Prevention of Unauthorized Use.

Niki reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

1. License Grant to Niki.

You hereby authorize Niki to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.

   2. Premium and all kind of paid contents & item Services.

From time to time, Niki may provide additional features and/or Services that you pay for (the“Premium”). Niki may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services. You will pay the Premium and all kind of paid contents & item Services by the paid coins you purchased via the Software in the first place. Only after all of your paid coins are consumed, you may use free coins to pay for Premium and all kind of paid contents & item Services.

   3. Payments for Premium and all kind of paid contents & item Services.

The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Niki or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Nikihave any responsibility in connection with any of the foregoing.

You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions – 1) refunds are not available to users who are banned by Niki and its community, and 2) full-refunds are not available for partial-used purchases.

   4. Termination by You.

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.

   5. Termination by Niki.

Without limiting any other remedies, Niki may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Niki believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Nikiis under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Niki Party (as defined below) shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

   6. Storage of Content.

Subject to the terms and conditions of this Terms of Use, Niki will use reasonable efforts to store your Content, if any, in connection with your use of a all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that Niki shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Niki Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and all kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and all kind of paid contents & item Service for thirty (30) days or longer (as determined by Niki), Niki may delete your Content for any reason, including technical, business or any other reasons.

1. Third-Party Sites, Products and Services; Links.

The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). Niki does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.

“YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS,  Niki , ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Niki EACH A “Niki PARTY” AND COLLECTIVELY THE “Niki PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Niki). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Nikiand the app marketplaces ,  Niki , not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Niki reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Niki, and you agree to cooperate with Niki ’s defense of these claims. You agree not to settle any matter without the prior written consent of Niki. “

You are not allowed to assign this Terms of Use or any rights or obligations hereunder. Niki is allowed at its sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving any prior notice.

1. No Warranty.

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Niki Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Niki PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Niki Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

1. No Warranties.

THE Niki PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Niki PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

1. Harm to Your Device.

YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages even  Niki or the others also informed of their possibility.

1. Limitation of Liability.

IN NO EVENT SHALL THE Niki PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Niki OR ANY OTHER Niki PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE Niki PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Niki Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Niki AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

YOU AND Niki AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

1. Basis of the Bargain.
   YOU ACKNOWLEDGE AND AGREE THAT NikiHAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Niki, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Niki. NikiWOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Any comments, suggestions, or feedback relating to the Software or any of the Services (the “Feedback”) submitted to Niki shall become the property of Niki. Niki will have exclusive ownership of all rights to the Feedback. Niki will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Niki will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32.1  Notices.

Niki may provide you with notices, including those regarding changes to terms and conditions, by email, Notice will be deemed given twenty-four (24) hours after email is sent, unless Niki is notified that the email address is invalid. Notice posted on the Niki website is deemed given ten (10) days following the initial posting. Niki reserves the right to determine the form and means of providing notifications to our users.

32.2  Amendments.

Niki reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the Nikiwebsite or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use.

32.3  Ability to Contract.

You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.

32.4  Entire Agreement.

This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

32.5  Waiver.

The failure of Niki to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Niki.

32.6  Headings.

The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

32.7Injunctive Relief.

You acknowledge that the obligations made hereunder to Niki are of a unique and irreplaceable nature, the loss of which shall irreparably harm Niki and which cannot be replaced by monetary damages alone so that Niki shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

32.8   Third Party Beneficiaries and Agreements.

If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

32.9        Injunctive Relief

You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to Niki, its loss would be irreparable harm Niki, and it cannot be replaced only by monetary damages, so Niki is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.

32.10        Third Party Beneficiaries and Agreements.

If you download the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement and that after you accept the terms and conditions of these Terms of Use, the app marketplaces will have a three-way beneficiary enforces these Terms of Use (and will be deemed to have accepted the right). You agree to abide that you are using the Software and Services.

32.11       Move Caution And Choose Exit

Niki can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers.

 

10. Additional Information:

For information or technical support for the event, please send an email to: help@imniki.com

Company Name: Niki Group

Address: ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL

 

Niki Group
September 28, 2022

User privacy policy

Introduction

imniki.com(herein after referred to as Niki) is owned and operared by Niki Group with registered address ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL.

This is the Privacy Policy of  Niki & next versions (“Niki”, “us”, “we”, or “our”) and is incorporated In this Privacy Policy, we refer to our products and services as the “Service” . Your use of the Service signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use the Service.
Information we collect
When you install the Service on your device and register with Niki, personally identifiable information about you may be collected during the download process for the Service (as requested from you during the download process) when you register with us. For registration through Niki, you are required to provide your mobile phone number or your email address, city location, gender, name, depending on the device(s) you are using on the Service. You may also provide personally identifiable information, but that is optional. When you log in using your Facebook,Google account, we may collect additional information you make available to us (see “Your User Profile”) below.

In addition, when you install the Service on your device and register with Niki, you may will be asked to allow us access to your address book. If you consent, we will have access to contact information in your address book on the devices you use for the Service (names, numbers, emails, and Facebook,Google ID, but not notes or other personal information in your address book) and we will store it on our servers and use it to help you use the Service, for example, by synchronizing your Niki contacts between different devices you may want to use with the Service. If you do not want Niki to store this information, you may opt-out through your account settings in the Niki application at any time. However we may not be able to offer some of the features that require this information.

Niki may also collect and gather non-personally identifiable information, such as certain profile information including country of residence and preferences. In addition, Niki may collect and store information about your and others’ usage of and interaction with the Service and our websites, including matches, numbers of matches made by members, match durations, text messages, usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views, network type and traffic to and from our websites.

Niki allows you to share text messages, photos, screenshots, videos and other communications in the Niki application with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications will be stored on our servers. In addition, if you choose to share these items with other Niki users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Niki application is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Niki is not responsible for any use or misuse of information you share.

Niki may also collect and gather user contents (e.g., photos, screenshots, comments, and other materials) that you create on the Service. Your photo can be taken by other users on the Niki, and If they use capturing function provided by the Niki, those photos can be stored and used for Niki and 3rd party’s service(eg, Facebook,Google, etc.). You can change sharing option of 3rd party on the Niki settings. If you do not agree with all the terms of this Privacy Policy, do not use the Service.

To complete a commerce transaction on Niki item shop, you will be requested to provide your payment information, including your credit card number, card expiration date, CVV code, and billing address. In that event, we will transmit your information securely directly to a third party vendor or merchant who will collect such information in order to process and fulfill your purchase. Niki does not process or store your payment information. However, we may store other information about your purchases made on the Service, which may include the merchant’s name, the date, time and amount of the transaction and other behavioral information.

We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general these reports do not contain personally identifiable information, or only incidentally. As part of these error reports, we receive information about the type and version of your device, the device identifier, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and fixing the error. Sharing of your information We will not rent or sell your information to third parties without your consent, except as noted in this Policy. （Or the group of company to which Niki belongs ）
IParties with whom we may share your information:

• We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Nikiis part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your contents.
• We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
• We may also share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of users our app receives. This information does not contain any personal or personally identifiable information, and is used to develop content and services that we hope you will find of interest.
• We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content:

• Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public. With this feature, Nikican be protected from exhibitionism. Once you have shared User Content or made it public, that User Content may be re-shared by others.
• If you remove information and contents(eg. Screenshots, etc.) that you created on the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.(eg. Facebook,Google, etc.)

IHow we use information we collect

We use or may disclose your personal information only as follows:

• To verify your identity;
• To connect you with others as enabled by the Service;
• To share your Profile with others on the Service;
• To allow your use of certain features of the Service that may be offered from time to time (such as Premium Services (see our Terms of Use), etc.);
• To show you the names of persons you communicate with and to show your name to persons you communicate with on the Service;
• To deliver to you any administrative notices, alerts and communications relevant to your use of the Service;
• To provide you with relevant content that you requested, using information that you allow us to collect from you or that you provide to a social media provider with which your Nikiaccount is connected, such as information regarding your and your Nikicontacts’ respective locations;
• To contact you via email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by Niki(you can opt-out of such emails or SMSs by sending an email to jianghuer2022@gmail.com.);
• For internal operations, including troubleshooting problems, data analysis, testing, research, improvements to the Service, detecting and protecting against error, fraud or other illegal activity;
• When we have a good faith belief that the law, any legal process, law enforcement, national security or issue of public importance requires disclosure;
• To protect and defend our rights or property (including to enforce our Terms of Use and other agreements); or
• In connection with a corporate transaction involving Niki, such as the purchase or sale of a business unit, an acquisition, merger, sale of assets, or other similar event.
  IYour User Profile

The information you enter into your user profile (your “Profile”) may be shared with your Niki contacts. You control your Profile and you can access and modify your Profile from the Niki application at any time. In addition, if you register with Niki using your Facebook，Google account (e.g. Facebook，Google Connect), we may store your Facebook，Google ID and corresponding token on our servers and, if you give us your express consent, we will have access to and may collect certain information that you make available on Facebook，Google (for example, your first and last names, email address, profile picture, your friend lists and birthdays). Your Profile is available to other users of the Service who are connected to you on Niki. In addition, unless you opt-out (which you may do at any time in the Niki application), your Profile is discoverable by other Niki users, including by way of example in listings of contacts that will include your proximity to other users. You may also “block out” any Niki user in your contact list from discovering your Profile at any time. In addition, Niki may pre-populate your Profile with certain information such as your name and Facebook，Google profile picture if you or your friends have logged onto the Service using Facebook，Google.
IData Access and Removal

You can always control what information you choose to share with us on the Service. To do so, you can change your settings in the Service or in your mobile device. Alternatively, you can remove the Service from your mobile device entirely.

You can remove your data anytime you want. If you ask us to delete your account, we will use commercially reasonable efforts to remove your data from our servers.

Any personally identifiable information that (i) you share in text messages, photos, videos or otherwise in or through the Niki application with other users, or (ii) submit on a blog, bulletin board or chat room on our website or elsewhere, can be viewed and used by others, including to send you unsolicited messages or to commit identity theft. Niki is not responsible for any use or misuse of your information that might result from your disclosure of information.

IService Providers

Niki may share your personal information with Niki’s third-party service providers, but only in connection with providing the services to you. For example, Niki shares your phone number or email with third party SMS and email providers to deliver the authentication SMS or email to you when you register with Niki. We contractually require that these third parties use your information solely to deliver SMS or email to you and to use appropriate security measures to protect your information. In addition, certain Niki servers are owned and hosted by third party service providers. This Privacy Policy does not apply to the practices of third party service providers.
IOutbound Links

If you accessed a website, product or service provided by a third party, including through the Service or a Niki website, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party.

Niki allows you to choose not to receive Niki And promotional e-mail service provider.according to Niki or services For information about how to unsubscribe provider sent description choose to subscribe to that particular e-mail message Exit.You can also contact us at service Niki@axiaodiao.com. to choose exit.

ISecurity

Protecting user privacy and personal information is a top priority Niki. We make substantial efforts to ensure the privacy of all personally identifiable information you provide to us. Access to all personally identifiable information is restricted to those Niki employees, contractors, agents and third-party service providers who need to know that information in order to provide, operate, develop, maintain, support or improve the Service. Niki uses password protection, access logs, and system monitoring to safeguard the confidentiality and security of all member information.

In addition, due to the inherent nature of the Internet and related technology, we do not guarantee the protection of information under our control against loss, misuse or alteration.
IData Transfer

Your information may be stored and processed in any country in which Niki maintains facilities,. In this regard, or for purposes of sharing or disclosing data as described in this Privacy Policy, Niki reserves the right to transfer information outside of your country. By using the Service, you consent to any such transfer of information outside of your country.

IAge

The Service is not directed to children under the age of eighteen (18) and we do not knowingly collect personally identifiable information from children under the age of eightteen as part of the Service. If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of eighteen as part of the Service.
INotification of Changes

We reserve the right at our discretion to make changes to this Privacy Policy. You may review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Niki web site, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy. We reserve the right to modify this policy from time to time, so please review it frequently.

If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree to review the Privacy Policy periodically so that you are aware of any modifications. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Service.
IContact information

If you have any questions about this privacy policy, Please contact us at help@imniki.com.Any personally identifiable information related to this privacy policy only for queries and responses in line with our Privacy Policy

Date
This Privacy Policy released on October 20, 2022 .