Version 1.0 · In force 8 October 2026
This policy was written in-house, based on a review of what the product actually does rather than on a template. It is not legal advice, and it has not been reviewed by a qualified lawyer. If anything here conflicts with your statutory rights, your statutory rights win.
Incomplete. A trader selling at a distance has to publish a legal name and a geographic address, and these are missing. Fill them in at src/config/legal.js before relying on these pages.
Who you are dealing with
NichoAI is a trading name. It is not a registered company, so the contract is with the individual named above and there is no limited liability behind it.
Sections marked [PLACEHOLDER] are questions that are still open. They are left visible rather than deleted: a policy that quietly omits an unanswered question reads as though it has been answered. Each one is a thing to resolve, not a thing being hidden.
This Privacy Policy should be read together with NichoAI’s Terms of Service, in particular Section 2 (Partner Responsibility), which governs how responsibility is split between NichoAI and Partners for data Partners submit about their own customers or creators.
Account data (Partners):
[PLACEHOLDER: does Base44 also collect anything beyond name/email/password by default, e.g. login timestamps, IP address at signup? Needs confirmation directly from Base44’s own data processing documentation, not assumed here.]
Payment data (Partners):
Third-party data Partners submit about others:
[PLACEHOLDER: this raises a real question of whose “data subject” this is under GDPR — the creator/business is the data subject, but NichoAI’s direct relationship is with the Partner, not them. Needs explicit legal treatment (see Section 2, legal basis) — do not assume the standard “we collect data from users about themselves” framing applies here.]
Content generated on the Platform:
[PLACEHOLDER — REQUIRES LEGAL CONFIRMATION FOR EACH ROW BELOW. Nothing in this section should be treated as settled; it is a starting list of categories that need a lawyer’s sign-off on the correct GDPR Article 6 basis, not a determination.]
| Data category | Likely candidate basis (unconfirmed) | Why it needs legal confirmation |
|---|---|---|
| Partner account data (name, email, password) | Contract (Art. 6(1)(b)) — necessary to provide the service | Should be straightforward, but confirm login/security logging isn’t collected under a different basis. |
| Payment data (via Stripe) | Contract (Art. 6(1)(b)) | Standard, but confirm Stripe’s own role as processor vs. controller for parts of this data. |
| Third-party data Partners submit (creator info, business contact info) | Legitimate interest (Art. 6(1)(f))? Or does it rest on the Partner’s own basis for having collected/submitted it? | This is the least settled item in the whole document. The data subject (creator/business) has no direct relationship with NichoAI and has not consented to NichoAI processing their data — this needs a lawyer to determine whether NichoAI is a processor acting on the Partner’s instructions, or an independent controller, since the answer changes NichoAI’s entire compliance obligation here. |
| AI/LLM processing of submitted data to generate output | Contract (Art. 6(1)(b)), tied to the above | Depends on resolving the row above first. |
| Marketing use of generated content (per ToS Section 5) | Legitimate interest, with opt-out | Flagged in the ToS draft too — opt-out may not be sufficient basis if content contains identifiable personal data; needs legal confirmation, possibly requires opt-in instead. |
The following third parties process data on NichoAI’s behalf as sub-processors:
[PLACEHOLDER: where personal data is transferred from the EEA/UK to the United States, this transfer relies on Standard Contractual Clauses / the EU-US Data Privacy Framework — hold as placeholder until Base44 confirms directly which mechanism actually applies to NichoAI’s account.]
[PLACEHOLDER — UNRESOLVED, do not guess: Base44’s own DPA pages name two different contracting entities. base44.com/dpa states the DPA is part of the Terms of Service “governing the services provided to you by Base44, Inc.”, while base44.com/dpa/exhibitc states it is part of the Terms of Service “governing the services provided to you by Wix.com Ltd (including its subsidiaries and affiliates), which operates the Base44 branded services.” Do not state which entity is NichoAI’s actual data processor (Base44, Inc. vs Wix.com Ltd.) until Base44 confirms — this affects the SCC reference jurisdiction and which entity’s DPA execution status applies to NichoAI’s account.]
[UNRESOLVED: our hosting provider’s own sub-processor page lists two different sets of vendors in the same document — a visible grid, and a table in the page’s markup that is not displayed and names vendors the grid does not (Langfuse and Logfire among them). We therefore cannot state with certainty which list is authoritative, and we are asking them. We would rather say that than print one of the two lists here as though the question had been settled.]
[PLACEHOLDER remains open: confirm directly with Pexels whether a DPA can be requested/executed, and separately confirm exactly what, if any, personal data is sent to Pexels in an API request (likely just a search/keyword query) — this affects whether the absence of a DPA is even a real gap.]
[UNRESOLVED: the AI that writes the copy is reached through Base44’s own integration rather than through an account NichoAI holds with the model provider. So the chain is NichoAI → Base44 → the model provider, and it is Base44’s agreement with that provider, rather than one of ours, that governs the processing. We are confirming with Base44 that their agreement covers this as our sub-processor. Until that is confirmed in writing we are not claiming a direct agreement with the model provider, because we do not have one.]
[PLACEHOLDER: standard sub-processor list boilerplate — does NichoAI commit to notifying Partners before adding new sub-processors? Not yet decided.]
No data is sold to third parties.
[PLACEHOLDER: confirm this claim is actually true given the marketing-use clause in ToS Section 5 — “not sold” and “used for marketing with an opt-out” are different things and both need to be accurately described, not just the more favorable one.]
[PLACEHOLDER: no retention periods have been defined for any data category — account data, third-party data submitted via Creator Build/Web Build, or generated output. This needs an explicit product decision (how long is data kept after a Partner stops being active, or after a specific generated site/pitch is created) before legal can assess GDPR storage-limitation compliance (Art. 5(1)(e)).]
Under GDPR, data subjects have the right to:
[PLACEHOLDER: process not yet defined. Who receives these requests (a support email? a dedicated privacy inbox?), what is the response timeframe (GDPR default is one month), and — critically — how are requests handled for the creator/business third-party data submitted by Partners, given NichoAI has no direct relationship or contact channel with those individuals? This last point connects back to the unresolved legal-basis question in Section 2 and needs to be resolved together with it, not separately.]
The full version of this section, re-audited on 2026-10-08, is the Cookie Policy. It also lists something this section never did: the outside services whose content your browser fetches, and which therefore receive your IP address. Google Fonts was the significant one, and it was removed on 8 October 2026: the typefaces on this site, and in every site generated from now on, come from our own servers. Sites published before that date keep the page they were saved with until they are rebuilt.
This section is based on an actual review of the NichoAI codebase on 2026-07-25, not an assumption. Findings:
[PLACEHOLDER: strictly-necessary storage (like the auth-token localStorage use above) is generally exempt from cookie-consent-banner requirements under the EU ePrivacy Directive, but “generally exempt” is not the same as “confirmed exempt for this specific implementation” — a lawyer should confirm this classification holds, and whether localStorage (as opposed to HTTP cookies specifically) is treated identically under Swedish implementation of the ePrivacy rules. Do not assume no cookie banner is needed without this confirmation.]
For questions about this Privacy Policy or to exercise a data subject right, contact: nichoai.contact@gmail.com
[PLACEHOLDER: does NichoAI, given its size and processing activities, need to appoint a Data Protection Officer (DPO) under GDPR Art. 37? Likely not mandatory at current scale, but this is a legal determination, not a product one — flag for legal review rather than assuming “no.”]
Summary of open items requiring a decision or legal confirmation before this can go to legal review:
Legal basis for processing third-party data submitted by Partners (the central unresolved question — see Section 2) · whether NichoAI is a controller or processor for that third-party data · whether Base44’s OpenAI agreement covers NichoAI’s use of gpt_5_mini as a sub-processor arrangement, or whether NichoAI needs its own direct DPA with OpenAI · confirmation that Base44’s DPA is actually executed/in force for NichoAI’s account, and whether EU/UK data residency is enabled · whether a Pexels DPA can be obtained despite none being published, and whether Pexels API calls transmit any personal data · sub-processor change-notification policy · the “not sold” vs. “used for marketing” distinction · data retention periods for all categories · data subject request process, including for third parties with no direct NichoAI relationship · confirmation that strictly-necessary localStorage use is exempt from cookie-consent requirements under Swedish ePrivacy implementation · DPO requirement determination.