NIRO Terms of Service

The short version

You can use our apps for personal, non-commercial use. You can cancel a subscription at any time through the App Store or Play Store. You cannot upload illegal content, harass other users, or scrape our service. We can suspend or terminate your account if you break these rules. We don't guarantee the apps are perfect — there is a limitation of liability below that you should read.

Any dispute between us will be resolved in Fulton County, Georgia, or in arbitration with the American Arbitration Association. You and we both waive the right to a class action.

Who you are agreeing with

This agreement is between you and NIRO Corp, a Georgia corporation (GA SOS Control # 21232709), EIN 36-4996890, address 3372 Peachtree Road NE, Unit #2607, Atlanta, GA 30326, USA. References to "we," "us," and "NIRO" mean NIRO Corp.

Eligibility

• You must be at least 13 years old to create an account. Some of our apps (e.g., PicPlots) enforce this with a hard age-gate on first launch.
• You must be at least 18 years old (or the age of majority in your jurisdiction) to make any in-app purchase or accept these terms on behalf of a business.
• If you are using the app on behalf of a company or other organization, you represent that you have the authority to bind that organization to these terms.
• You represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. government denied-party list.

Your account

Where an app requires an account, you are responsible for keeping your credentials secret and for everything that happens under your account. Tell us right away if you suspect unauthorized access by emailing jesse@niroaerial.com.

You agree to give us accurate information when you sign up and to keep it accurate. We may suspend or close accounts that we believe were created with false information, by automated means, or in violation of these terms.

The license we give you

Subject to these terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use our apps on devices you own or control, for your personal, non-commercial use, in compliance with the App Store EULA (for iOS) or the Google Play Terms (for Android). This license ends automatically when these terms terminate.

What we own

The apps, the website, our trademarks (NIRO, the NIRO mark, PicPlots, AICheck, SkyWrite, DeNiro Card), the source code, designs, and content we create are owned by NIRO Corp or our licensors. Nothing in these terms transfers ownership of any of that to you.

What you upload — your content

Some of our apps let you upload content (photos in PicPlots, booking notes in SkyWrite, etc.). You keep ownership of what you upload. You give us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and (where the feature requires it, e.g., the public PicPlots wall) publicly display your content, only for the purpose of operating the apps and providing the service to you and the people you share it with. This license is not a transfer of ownership. It ends when you delete your content or your account, except for backups that take a reasonable amount of time to roll off and copies that other users may have lawfully saved before you deleted.

You are responsible for the content you upload. You represent that you have the rights to upload it, that it doesn't violate anyone else's rights, and that it doesn't break the rules below.

Things you can't do

You agree not to:

• Upload, transmit, or distribute content that is child sexual abuse material (CSAM) — we report any suspected CSAM to NCMEC and to law enforcement, and we take a zero-tolerance approach.
• Upload sexually explicit content, nudity, or pornography in apps that don't allow it (PicPlots in particular does not allow nudity).
• Harass, threaten, dox, stalk, or incite violence against any person or group; post hate speech.
• Upload content that infringes someone else's copyright, trademark, or other intellectual-property right.
• Upload malware, viruses, or anything else designed to damage software or systems.
• Reverse engineer, decompile, or attempt to extract source code from the apps, except where applicable law expressly allows it.
• Probe, scan, or test the vulnerability of our systems without prior written permission. (Responsible disclosure: email jesse@niroaerial.com.)
• Use bots, scrapers, or automated tools to access the apps in ways not permitted by us.
• Misrepresent who you are, impersonate someone else, or pretend to be affiliated with NIRO when you aren't.
• Use the service to send spam, phishing, or other unsolicited commercial communications.
• Circumvent in-app purchase, ratings, age-gates, geographic restrictions, or any other technical control.
• Use the service in any way that violates U.S., state, or local law, or any law that applies to you.

Subscriptions and in-app purchases

Some of our apps offer paid subscriptions or one-time purchases through the App Store or Google Play. The following applies to all of them:

• You pay through Apple or Google. Their billing terms apply to the transaction itself. We never see your full card number.
• Subscriptions auto-renew until you cancel. The renewal price, frequency, and free-trial length are shown on the in-app purchase screen at checkout.
• You cancel through the App Store or Google Play subscription management screen — not through us. If you cancel during a billing period, you keep access until the end of that period; you are not charged again.
• Refunds are governed by the App Store and Google Play refund policies. We do not have the technical ability to issue refunds for in-app purchases ourselves; we ask you to use Apple's "Report a Problem" page or Google Play's refund flow. Where required by law (notably the EU's 14-day right of withdrawal), we honor those rights.
• Price changes — if we change a subscription price, we will give you notice and the chance to cancel before the new price takes effect, in line with App Store and Play Store rules.

Free trials and promotions

If a free trial is offered, you must cancel before the trial ends to avoid being charged. Promotions are subject to any specific terms shown at the time, and we may end or change them at our discretion (without affecting purchases already made under them).

DMCA — copyright complaints

If you believe content on one of our apps infringes your copyright, send a written notice to our designated agent below that includes everything required by 17 U.S.C. § 512(c)(3): identification of the work, identification of the allegedly infringing material with enough detail to find it, your contact information, a statement of good-faith belief, a statement under penalty of perjury that you are authorized to act for the rights holder, and your physical or electronic signature.

DMCA Designated Agent
NIRO Corp
Attn: DMCA Agent
3372 Peachtree Road NE, Unit #2607
Atlanta, GA 30326
USA
Email: jesse@niroaerial.com (an abuse@niroaerial.com alias is being set up)

Counter-notices follow 17 U.S.C. § 512(g). Repeat infringer policy: we will terminate the accounts of users who are determined to be repeat copyright infringers.

Reports of other abuse

To report harassment, threats, CSAM, impersonation, or other Terms violations, use the in-app report function (PicPlots has a six-reason report sheet on every photo and marketplace card) or email jesse@niroaerial.com. Suspected CSAM is referred to NCMEC and to law enforcement.

Termination

You can stop using the apps at any time. You can delete your account inside the app, or by emailing us. Deletion is processed within 30 days.

We can suspend or terminate your access if we reasonably believe you have broken these terms, if we are required to by law, if continuing your access exposes us to legal risk, or if your account has been inactive for an extended period. For material breaches we will try to give you notice and a chance to fix it where that's practical and where the breach isn't itself an emergency (e.g., CSAM, malware, active fraud).

The provisions of these terms that by their nature should survive termination — ownership, indemnity, disclaimers, limitation of liability, governing law, dispute resolution — survive.

Disclaimer of warranties

WE PROVIDE THE APPS AND THE SERVICE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don't warrant that the apps will be uninterrupted, error-free, or secure, or that the results from them will be accurate or reliable. (AICheck in particular is a heuristic tool that can produce false positives and false negatives — see its addendum.)

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NIRO CORP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPS, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE APPS OR THESE TERMS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US (NOT TO APPLE OR GOOGLE) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

Indemnity

You agree to indemnify and hold harmless NIRO Corp from any third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of (a) your content, (b) your use of the apps in violation of these terms, or (c) your violation of any law or third-party right. We will let you know about any such claim, and you can take over its defense at your expense, but we may participate in the defense with our own counsel.

Governing law

These terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Dispute resolution — arbitration and class-action waiver

Please read this section carefully — it affects your legal rights.

• Informal resolution first. Before filing anything, you agree to email jesse@niroaerial.com and try to work the dispute out in good faith for 30 days.
• Binding arbitration. If we can't resolve a dispute that way, any dispute, claim, or controversy arising out of or relating to these terms or the apps will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be in Fulton County, Georgia, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
• Exception — small claims. Either party may bring an individual action in small-claims court instead, if the dispute qualifies.
• Exception — IP and injunctive relief. Either party may seek injunctive or equitable relief in court to protect intellectual-property rights.
• Class-action waiver. You and we agree that any dispute will be resolved on an individual basis, and not as part of a class action, consolidated action, or representative action. If a court holds the class-action waiver unenforceable, the entire arbitration agreement is unenforceable as to the affected dispute.
• Right to opt out. You can opt out of this arbitration agreement by emailing jesse@niroaerial.com with the subject "Arbitration Opt-Out" within 30 days of first agreeing to these terms. If you opt out, all other parts of these terms still apply.
• Court venue if arbitration doesn't apply. If for any reason the arbitration agreement is not enforceable, you and we agree that any action must be brought exclusively in the state or federal courts located in Fulton County, Georgia, and we both consent to personal jurisdiction there.

Apple-specific terms (iOS only)

If you got the app from Apple's App Store, the following also applies:

• This is an agreement between you and NIRO, not between you and Apple. Apple is not responsible for the app or its content.
• The license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• NIRO, not Apple, is responsible for any product warranties, to the extent any are not effectively disclaimed.
• NIRO, not Apple, is responsible for addressing any claims by you or a third party relating to the app, including product-liability claims and IP-infringement claims, to the extent the underlying claim is our responsibility under these terms.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

U.S. federal-government users

The apps are "commercial items" as defined in 48 C.F.R. § 2.101 and are licensed to U.S. government end users only as commercial items, with only those rights granted to all other end users under these terms.

Export controls

You agree to comply with all U.S. and applicable export-control laws (including the Export Administration Regulations and OFAC sanctions). You will not export, re-export, or transfer the apps in violation of those laws.

Changes to these terms

We may update these terms over time. For material changes, we will give you 30 days' notice through an in-app banner and, if you have an account, an email to the address on file. Continued use of the apps after the change takes effect means you accept the new terms; if you don't, stop using the apps and delete your account before the change date.

General

• Entire agreement. These terms (plus the per-app terms and the Privacy Policy) are the whole agreement between you and us about the apps and supersede any prior agreement on the same topic.
• Severability. If a court finds any part of these terms unenforceable, the rest stays in force.
• No waiver. If we don't enforce a right immediately, that doesn't mean we've given it up.
• Assignment. You can't assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all our assets.
• Headings are for convenience only and don't change the meaning of the text.
• Notices to us go to jesse@niroaerial.com (and to the postal address above for legal notices). Notices to you may be sent to the email on your account or shown in the app.

Per-app addenda

Specific terms for each app:

• PicPlots terms addendum
• AICheck terms addendum
• SkyWrite terms addendum
• DeNiro Card terms addendum

Contact

Questions about these terms? Email jesse@niroaerial.com or write to NIRO Corp, 3372 Peachtree Road NE, Unit #2607, Atlanta, GA 30326, USA.

See also: Privacy Policy.