niikiis knowtion, S.L. is a human resources and technology consulting company that creates, designs, develops and markets software and applications for various devices in the area of human resources management.
niikiis knowtion, S.L. is the exclusive owner of all the exploitation and intellectual property rights over the niikiis platform, which consists of a web application that allows searching, organising, visualising, analysing and designing training pills in animated video format; designing, managing and implementing engagement projects; as well as communicating between companies within a secure and exclusive environment.
niikiis is a modern, easy-to-use onboarding platform that employees love. We help your company have more engaged employees and drive your business forward by onboarding staff faster, supporting employees' professional growth, empowering customer service teams, redesigning compliance programmes and building a culture of learning.
Our mission is to successfully incorporate new hires into the company and leverage existing resources by implementing retraining and refresher programmes, reducing time to productivity, saving time and money.
By clicking "Apply" or similar; and by registering for, accessing or using our services (described below), you agree to enter into a legally binding contract with niikiis (even if you are using our services on behalf of a company). If you do not agree to this agreement ("Agreement" or "User Agreement"), do not click "Apply" (or similar) and do not access or use any of our services. If you wish to terminate this Agreement, you may do so at any time by closing your account and ceasing to access or use our Services.
The data stored by each client on the niikiis platform includes personal data relating to persons who are candidates for recruitment by the client.
This Agreement applies to niikiis.com, as well as other sites, applications, communications and services related to niikiis, which you state are offered under this Agreement ("Services"), including off-site data collection for services such as, for example, our advertisements. Registered users of our Services are "members" and unregistered users are "visitors". This Agreement applies to both members and visitors.
You are agreeing to this contract with niikiis (also referred to as "we" or "us").
This contract applies to both members and visitors.
1.2 Members and visitors
When you register and join the niikiis service, you become a member. If you have chosen not to register for our services, you can access some features as a "visitor".
We can make changes to the contract.
2.1 Service eligibility
These are some of the points you commit yourself to when you sign the contract:
You meet the requirements to sign this contract and our minimum age.
Children under the age of 16 are not allowed to use these services.
In order to use the services you agree that: (1) you are of the minimum age (described below) or older; (2) you will only have one niikiis account, which you must create using your real name; and (3) niikiis has not so far restricted you from using the services. Creating an account with false information is a violation of our terms, including accounts registered in the name of others or persons under the age of 16.
The "minimum age" is 16 years. However, if the law requires you to be over 16 years of age for niikiis to provide the services to you legally without parental consent (including the use of your personal data), then the minimum age is as set out in that law.
2.2 Your account
Your password will be secret.
You will not share your account with anyone else and you will follow our rules as well as the law.
Members are account holders. You agree to: (1) try to choose a difficult and secure password, (2) keep your password secure and confidential, (3) not transfer any part of your account (e.g., logins), and (4) follow the law and our list of do's and don'ts and the Professional Community Policies. You are responsible for everything that happens through your account, unless you close it or report misuse.
As between the contractor and others (including your manager), you should be aware that your account belongs to you alone. However, if a third party purchased the services for you to use, the third party paying for the service has the right to control access and obtain reports on your use of the service, but has no rights over your personal account.
You will meet your payment obligations and agree to our storing your payment information. You understand that there are fees and taxes that may be added to our fees.
We do not guarantee refunds.
At all times, niikiis reserves the right to offer users the use of the platform, either free of charge or for a fee.
If you purchase any of our paid services (Essential, Premium, or Pro), you agree to pay the applicable fees and taxes and our additional terms specific to the paid services. Failure to pay these fees will result in termination of the paid services. You further agree that:
Your purchase may be subject to currency exchange rates or differences in prices based on location (e.g., currencies).
We may store and continue to bill your payment method (e.g. credit card) even after it has expired, to avoid interruptions to your services, and use it to charge for other services you may purchase.
If you purchase a subscription, you will be automatically charged at the beginning of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel your service before your renewal date. Learn how to cancel or suspend your Essential, Business, or Pro plan.
All services you have purchased are subject to niikiis refund policy.
We may calculate the taxes to be paid based on the billing information you provide at the time of purchase.
You can obtain a copy of the invoice by contacting the niikiis team at firstname.lastname@example.org.
2.4 Notices and messages
You agree to receive notices and messages from us through our websites, apps and contact information. If your contact information is out of date, you may miss important notices.
You agree that we may send you notices and messages (1) within the service or (2) by any means specified in the contact information you have provided to us (for example, email, mobile phone number or physical address). You agree to keep your contact information up to date.
Check your settings to configure and limit the messages you receive.
When you share information about our services, others can see, copy and use that information.
Our services allow you to send messages and share videos and information. Other members or visitors can see the information and content you share or post (even outside the services). Where settings are available, we will respect your choices about who can see content or your information.
niikiis retains the ability to share content created on the platform, including through its private B2B channel.
We are not obliged to post any information or content on our service and may remove it at our discretion, with or without notice.
3. Rights and limitations
3.1. Your niikiis licence
You own all content, comments and personal information you provide to us, but you also grant us a non-exclusive licence.
We will respect the choices you make about who can see your information and content, including how it may be used for advertisements.
You are the owner of the content and information you submit or post to the services, and you are only granting niikiis and our affiliates the following non-exclusive license:
A worldwide, transferable, sub-licensable right to use, copy, modify, distribute, publish and process the information and content you provide through our services and the services of others, including also to share content that is created on the platform, also through the niikiis private B2B channel, without any further consent, notification and/or compensation to you or others. These rights are limited in the following ways:
1. You may terminate this licence for specific content by removing such content from the Services or generally closing your account, except (a) to the extent that you have shared it with others as part of the Service and they have copied, re-shared or stored it, and (b) for a reasonable time necessary to remove it from backup and other systems.
3. We will obtain your consent if we want to grant others the right to publish your content beyond the services. However, if you choose to share the post in a "public" way, we will enable a feature that allows other members to embed that public post on third party services and we enable search engines to make that public content findable through their services.
4. While we may edit and make formatting changes to your content (such as translating it, changing the size, layout or file type, or removing metadata), we will not alter its meaning.
5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or feedback about our services to niikiis, you agree that niikiis may use and share (but is not obligated to share) such feedback for any purpose without compensating you.
You promise to provide only information and content that you are entitled to share, and that your niikiis profile will be truthful.
You agree to provide only content or information that does not violate the law or anyone else's rights (including intellectual property rights). You also agree that the information in your profile will be truthful. niikiis may be required by law to remove certain information or content in certain countries.
3.2 Availability of the service
We may change, suspend or terminate any services, or change and modify prices in the future at our discretion, except where we have a written agreement with you specifying a minimum duration of our services. To the extent permitted by law, these changes may take effect upon notice to you.
Failure to pay an invoice will result in the termination of our services, although niikiis will retain the right to claim full payment of outstanding invoices.
We may change or terminate any of our services. We do not promise to store or continue to display the information and content you have posted.
3.3 Other content, sites and applications
Your use of content and information posted by others on our services is at your own risk.
Others may offer their own products and services through our services, and we are not responsible for such third party activities.
We have the right to limit how you connect and interact with our services.
niikiis reserves the right to limit your use of the services, including the number of connections and the ability to communicate with other members. niikiis reserves the right to restrict, suspend or terminate your account if it believes that you may be in breach of this agreement or the law, or if you are misusing the services (for example, by violating any of the do's and don'ts in our document).
3.5 Intellectual property rights
We inform you of our intellectual property rights.
niikiis reserves all its intellectual property rights in the services. Your use of the services does not grant you any ownership of our services or the content or information available through them. Trademarks and logos used in connection with the services are trademarks of their respective owners. niikiis, niikiis logos and other niikiis trademarks, service marks, graphics and logos used for our services are trademarks or registered trademarks of niikiis.
3.6 Automated processing
We use data and information to make relevant suggestions for you and others.
We will use the information and data you provide and that we have about members to make recommendations about connections, content and features that may be useful to you. By keeping your profile up to date and being specific, you help us make these recommendations more accurate and relevant.
4. Waiver and limitation of liability
4.1 No guarantee
This is our disclaimer of legal responsibility for the quality, safety or reliability of our services.
TO THE FULLEST EXTENT PERMITTED BY LAW, NIIKIIS AND ITS AFFILIATES (AND THOSE WITH WHOM NIIKIIS WORKS TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OF DATA AND NON-INFRINGEMENT); (B) DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; AND (C) WILL PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN EXEMPTIONS FROM LIABILITY, SO SOME OR ALL OF THESE EXEMPTIONS MAY NOT APPLY TO YOU.
4.2 Exclusion of liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED BY LAW (AND UNLESS NIIKIIS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), NIIKIIS AND ITS AFFILIATES (AND THOSE WITH WHOM NIIKIIS WORKS TO PROVIDE ITS SERVICES) WILL NOT BE LIABLE TO YOU OR OTHERS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITY, REPUTATION, PROFIT OR REVENUE RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGE OF YOUR INFORMATION, OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF NIIKIIS AND ITS AFFILIATES (AND THOSE WITH WHOM NIIKIIS WORKS TO PROVIDE ITS SERVICES) EXCEED, IN ALL CLAIMS IN THE AGGREGATE, AN AMOUNT LESS THAN (A) FIVE TIMES THE MOST RECENT MONTHLY OR ANNUAL FEE YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NIIKIIS, AND WILL APPLY TO ALL LIABILITY CLAIMS (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, STATUTORY) AND EVEN IF NIIKIIS OR ITS AFFILIATES KNOW OF THE POSSIBILITY THAT ANY DAMAGES HAVE BEEN COMMITTED, AND EVEN IF THE REMEDIES FAIL AS TO THEIR PRIMARY PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Either you or niikiis may terminate this agreement at any time by notifying the other party, except in the case of a written agreement specifying a minimum duration of our services. Upon termination, you lose the right to access or use the services. The following points will remain in force after termination:
- Our rights to use and disclose your comments.
- The rights of members and/or visitors to re-share content and information you shared through the service to the extent it was copied or re-shared prior to termination.
- Sections 4, 6, 7 and 8.2 of this contract.
- Any amounts owed by either party prior to termination shall remain owed after termination.
6. Applicable law and dispute resolution
7. General terms and conditions
To the extent permitted by law, the English version of this Agreement is binding and other translations are for your convenience only. This Agreement (including any additional terms we may provide to you when you engage with any feature of the Services) is the only agreement between us with respect to the Services, and supersedes all prior agreements for these Services.
Our failure to act to defend a breach of this Agreement does not mean that niikiis has waived its right to enforce it. You may not assign or transfer this Agreement (or your membership or use of the Services) to anyone without our consent. However, you agree that niikiis may assign it to its affiliates or to a third party without your consent. No third parties benefit from this agreement.
You agree that the only way to provide us with a legal notice is at the addresses provided in section 10.
You agree to maintain the confidentiality of all documents and information derived from this agreement, and you are obliged to use this confidential information only for the use of the niikiis platform during the term and under the terms of this agreement, and you will be liable for any damages caused to niikiis in case of disclosure of this information. This confidentiality agreement shall be effective as of the date of this agreement, and shall remain in effect for a period of 10 years after its expiration.
8. Do's and don'ts
8.1. What to do
This list of "Do's and Don'ts" limits what you can and cannot do with our services.
a. Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements.
b. Provide us with accurate information and keep it up to date.
c. Use your real name in your profile.
d. And use the services correctly and diligently.
8.2. What not to do
You accept that you don't:
a. Create a false identity on niikiis, misrepresent your identity, create a member profile for anyone other than yourself (a real person), or use or attempt to use another person's account.
b. Develop, support or use software, devices, scripts, robots or any other means or process (including trackers, browser plug-ins or any other technology) to mine the Services or copy profiles and other data from the Services.
c. Override any security feature or circumvent any access control or service usage limits.
d. Copy, use, disclose or distribute any information obtained from the services, either directly or through third parties (such as search engines), without niikiis' consent.
e. Disclose information without consent (such as confidential information of others).
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, you will not copy or distribute (except through the sharing feature available) the posts or content of others without their permission.
g. You violate niikiis' intellectual property or other rights, including, but not limited to, (i) copying or distributing our learning videos or other materials, or (ii) copying or distributing our technology, unless released under open source licenses; (iii) using the word "niikiis" or our logos in any trade name, email or URL.
h. You will post anything that contains viruses, worms or any other harmful code.
i. Reverse engineer, decompile, disassemble, disassemble, decrypt or attempt to derive the source code of the Services or any related technology that is not open source.
j. Imply or represent that you are affiliated with or endorsed by niikiis without our express consent.
k. Rent, lease, lend, loan, market, sell/resell or otherwise monetize the services, related data or access to them without niikiis' consent.
l. You will establish a deep link to our services for any purpose other than to promote your profile or a group on our services, without niikiis' consent.
m. Use bots or other automated methods to access services, add or download contacts, send or forward messages.
n. Monitor the availability, performance or functionality of services for a competitive purpose.
o. You will engage in "framing", "mirroring" or similar actions to recreate the appearance or function of services.
p. Overlay or otherwise modify the services or their appearance.
q. interfere with the operation of the services or impose an unreasonable burden on them (for example, through spam, denial of service attacks, viruses or gaming algorithms).
r. And/or you will violate the Policies or any additional terms related to a specific service that is provided when you subscribe to or begin using that service.
9. Complaints about content
We respect intellectual property rights. We require that information posted by members is truthful and does not violate the intellectual property rights or other rights of third parties.
We provide a policy and process complaints related to content posted by our members.