NichoAI — Terms of Service (Draft v0.1)

NichoAI (“NichoAI,” “we,” “us”) provides a software platform (the “Platform”) that allows registered users (“Partners”) to generate websites (via “Web Build”) and creator-facing product pitches (via “Creator Build”) using AI-assisted tools, and to sell or deliver the resulting output to their own clients or contacts.

NichoAI is a tool provider. NichoAI is not a party to, and does not broker, manage, or guarantee, any transaction, contract, or relationship a Partner enters into using output generated on the Platform.

This section governs how responsibility is allocated between NichoAI and Partners. It applies in full to both Web Build and Creator Build use cases.

NichoAI provides ONLY the tool/platform. NichoAI is NOT a party to, responsible for, or involved in:

• The agreement between the Partner and the Partner’s customer (for Web Build).
• The agreement between the Partner and the creator (for Creator Build).
• Payment between the Partner and these third parties.
• The quality, delivery, or fulfillment of whatever the Partner has promised their customer or creator.

The Partner bears full responsibility for their own business relationships, pricing, and delivery toward their customers and creators. NichoAI does not take a commission or share of these transactions — revenue the Partner earns from their customers belongs entirely to the Partner.

NichoAI’s role ends at providing the generated output (website, product pitch, dashboard tools) and the Platform’s own subscription/credit billing. Everything a Partner does with that output — negotiating, pricing, promising, delivering, invoicing a third party — is the Partner’s sole responsibility, undertaken at the Partner’s own risk.

This section covers only what a Partner pays NichoAI for Platform access — it does not cover payments between a Partner and their own customers/creators (see Section 2).

• Subscriptions and credit purchases are processed via Stripe. NichoAI does not store raw payment card data; Stripe handles and stores payment credentials under its own PCI-DSS compliance.
• Credits and subscription entitlements are recorded server-side against the Partner’s account and are non-transferable between accounts.
• Credit purchases are non-refundable. Once credits are purchased and delivered to a Partner’s account, no refund, credit reversal, or exchange will be issued, except where required by applicable law.

[PLACEHOLDER — HIGH PRIORITY, LEGAL REVIEW REQUIRED: this non-refundable policy may conflict with the Swedish/EU 14-day right of withdrawal for distance contracts (distansavtalslagen, implementing the EU Consumer Rights Directive). Digital content/services can lose the withdrawal right, but only if the consumer has given explicit prior consent to immediate performance AND acknowledged loss of the withdrawal right at the point of purchase — this requires specific checkout-flow language and consent capture, not just a clause buried in the ToS. Do not treat “non-refundable” as settled until a lawyer confirms (a) whether Partners qualify as “consumers” under this law given they are business users, and (b) if so, what checkout-time disclosure/consent is required to lawfully exclude the withdrawal right.]

[PLACEHOLDER: pricing changes — how much notice is given before a subscription price change takes effect?]

• NichoAI processes personal data submitted by Partners (account data) and personal data Partners submit about third parties (e.g., a creator’s profile link, screenshots, captions when using Creator Build; a business’s public contact information when using Web Build).

[PLACEHOLDER: legal basis — needs explicit determination per data category. Business contact data scraped/generated for Web Build and creator profile data submitted for Creator Build likely rest on different legal bases (legitimate interest vs. Partner-provided consent) and this needs a lawyer’s sign-off, not an assumption.]

[PLACEHOLDER: data retention period — not yet defined.]

[PLACEHOLDER: sub-processor list — at minimum Stripe (payments) and the AI/LLM provider(s) powering Leo/MAX need to be disclosed as sub-processors, with their own data-handling terms referenced.]

Data subject rights (access, deletion, correction) —

[PLACEHOLDER: process not yet defined; who receives and actions these requests, and within what timeframe?]

• Output generated via Web Build (websites) and Creator Build (product pitches, recommendations) is licensed to the Partner for their use in fulfilling their own business relationships (Section 2).
• NichoAI may use generated content (websites, product pitches) as examples or marketing material, whether anonymized or not, unless the Partner explicitly opts out. A Partner may contact NichoAI at any time to request that their specific generated content be removed from marketing material; NichoAI will action such requests but is not obligated to retroactively recall material already distributed to third parties (e.g., previously published ads or posts) before the request was received.

[PLACEHOLDER: opt-out mechanism — is this a settings toggle in the Platform, an email request, or both? Not yet decided. Also unresolved: does using non-anonymized content (e.g., a Partner’s own name/business) as marketing require separate, affirmative consent under GDPR rather than an opt-out — needs legal confirmation, since opt-out consent models are more legally fragile than opt-in for identifiable personal/business data.]

• NichoAI retains ownership of the underlying Platform, templates, prompts, models, and any proprietary logic used to generate output. Partners do not acquire rights to the generation system itself, only to the specific output it produces for them.
• Partners are responsible for ensuring they have the right to submit any third-party content (e.g., a creator’s screenshots, a business’s existing branding) into the Platform. NichoAI is not responsible for verifying third-party IP rights in content Partners submit.

Consistent with Section 2 (Partner Responsibility): NichoAI’s liability is limited to the Platform itself — its availability, functioning, and the accuracy of what it directly promises (e.g., that a subscription grants the credits paid for).

NichoAI is NOT liable for:

• Any dispute, financial loss, or damage arising from the Partner’s agreement with their customer or creator.
• Any dispute, financial loss, or damage arising from payment between the Partner and their customer or creator.
• The Partner’s failure to deliver, or delayed delivery of, what they promised their customer or creator.
• Business outcomes — NichoAI does not guarantee that generated output (a website, a product pitch) will result in a sale, a signed deal, or any specific revenue for the Partner.

NichoAI’s total liability to a Partner, for any and all claims arising out of or related to the Platform or these Terms, is limited to the total amount the Partner has paid to NichoAI in the 12 months preceding the event giving rise to the claim.

[PLACEHOLDER: standard carve-outs — most liability caps of this kind exclude certain claims from the cap entirely (e.g., gross negligence, willful misconduct, death/personal injury, breaches of confidentiality or data protection obligations). Whether any carve-outs apply here, and which, is a legal decision, not a product one — flag explicitly for legal review rather than assuming the cap is absolute.]

[PLACEHOLDER: grounds for NichoAI-initiated termination — non-payment, abuse of the Platform, generating content for illegal purposes, etc. Not yet enumerated.]

[PLACEHOLDER: Partner-initiated termination — notice period, handling of unused credits/remaining subscription term.]

[PLACEHOLDER: effect of termination on already-generated output — does the Partner retain the license from Section 5 after account termination? Needs a decision.]

[PLACEHOLDER: data handling post-termination — retention/deletion timeline for the terminated Partner’s data and any third-party data they submitted.]

These Terms are governed by the laws of Sweden. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Swedish courts.

[PLACEHOLDER: this resolves *which* law/forum applies, but does not resolve GDPR-specific questions in Section 4 (legal basis per data category, retention periods, sub-processors, data subject request process) — Swedish jurisdiction still requires those to be filled in separately, since GDPR compliance obligations don’t follow automatically from picking a governing-law clause.]