Legal documentation
Website Terms of Use
1. Agreement to These Terms
These Terms of Use (the "Terms") govern access to and use of the website located at nini.io, together with any subpages and subdomains that link to these Terms (collectively, the "Site"). The Site is owned and operated by NINIPAY INC., a corporation incorporated under the laws of the Province of Ontario, Canada, with its registered office at 5-141 Toryork Drive, North York, Ontario, Canada M9L 1X9 ("Nini", "we", "us", or "our").
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site. If you are accessing the Site on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
1.1 Scope — These Terms Cover the Website Only
These Terms govern the public website only. They do not govern access to or use of the Nini platform, or any product, service, or pilot program offered by Nini. Access to the Nini platform is available only under a separate written agreement between Nini and your organization. If there is any conflict or inconsistency between these Terms and a separate written agreement between you (or your organization) and Nini, the separate written agreement governs with respect to the platform and the services provided under it, and these Terms govern with respect to the Site.
1.2 Eligibility
The Site is intended for use by businesses and business professionals. You may use the Site only if you have reached the age of majority in your province, territory, or jurisdiction of residence and are legally capable of entering into a binding contract.
2. Important Notices About Nini's Services
The content of the Site is provided for general informational purposes only. It describes Nini, its technology, and its product direction, and it is not a complete description of any service.
No payment services are offered through the Site. Nothing on the Site constitutes an offer to provide retail payment services, money services, or money movement of any kind. Nini is registered as a payment service provider with the Bank of Canada under the Retail Payment Activities Act (Canada). Nini's registration as a money services business with FINTRAC has been submitted and is pending at the time these Terms were last updated. Nini does not offer, and nothing on the Site should be read as offering, any service in any jurisdiction where Nini is not authorized to provide it.
No professional advice. Nothing on the Site constitutes financial, investment, legal, accounting, or tax advice, and no content on the Site should be relied upon as a substitute for advice from a qualified professional.
Forward-looking content. The Site may describe planned features, product roadmaps, or anticipated capabilities. These statements reflect current intentions only; they are subject to change without notice and should not be relied upon in making any decision.
3. Access to the Site
We may update, modify, suspend, or discontinue the Site, in whole or in part, at any time without notice. We do not guarantee that the Site, or any content on it, will always be available, uninterrupted, or free of errors. We may restrict, suspend, or terminate your access to all or part of the Site at any time, without notice or liability, including where we reasonably believe you have violated these Terms.
4. Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you must not, directly or indirectly:
- use the Site in any way that violates applicable federal, provincial, territorial, local, or international law or regulation;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, the servers on which it is hosted, or any systems or networks connected to it, or circumvent any security or authentication measures;
- use any robot, spider, scraper, or other automated means to access, extract, or index the Site or its content, except for standard search engine indexing conducted in accordance with our robots.txt directives;
- harvest, copy, or extract Site content or data, including for the purpose of training or developing machine learning or artificial intelligence models, without our prior written consent;
- introduce viruses, trojan horses, worms, or other material that is malicious or technologically harmful;
- reproduce, duplicate, copy, sell, resell, frame, mirror, or otherwise exploit any portion of the Site for any commercial purpose without our express written consent;
- misrepresent your identity or affiliation with any person or organization, or impersonate Nini, a Nini employee, or any other user; or
- remove, obscure, or alter any proprietary notices on the Site or its content.
We may investigate suspected violations of this Section 4 and may involve or cooperate with law enforcement authorities where we consider it appropriate.
5. Intellectual Property
5.1 Ownership
The Site and its entire contents, features, and functionality — including all text, graphics, logos, images, software, page designs, and the selection and arrangement of them — are owned by Nini or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved by Nini.
5.2 Limited Licence
Subject to your compliance with these Terms, Nini grants you a limited, non-exclusive, non-transferable, revocable licence to access and view the Site and its content for your internal, informational purposes only. This licence does not grant you any right, title, or interest in the Site or its content.
5.3 Trademarks
"Nini", "Ninipay", the Nini logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NINIPAY INC. You must not use these marks without Nini's prior written permission. All other names, logos, and marks appearing on the Site are the trademarks of their respective owners.
5.4 Feedback
If you submit suggestions, comments, ideas, or other feedback about the Site or Nini's products through the Site, you agree that Nini may use that feedback for any purpose without restriction, attribution, or compensation, and you assign to Nini all right, title, and interest in such feedback.
6. Third-Party Content and Links
The Site may contain links to third-party websites, services, or resources. These links are provided for convenience only. Nini does not control and is not responsible for the content, products, services, privacy practices, or availability of any third-party site, and a link does not imply endorsement. If you access a third-party site, you do so at your own risk and subject to that site's terms and policies.
7. Privacy
Personal information collected through the Site is handled in accordance with our Privacy Policy, available on the Site. By using the Site, you acknowledge that you have reviewed the Privacy Policy. Privacy inquiries, access requests, and complaints should be directed to privacy@nini.io.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, NINI DOES NOT WARRANT THAT THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NINI, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT ON IT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NINI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any warranty, condition, or guarantee, that cannot lawfully be excluded, restricted, or modified under applicable law, including applicable consumer protection legislation.
10. Indemnification
You agree to indemnify, defend, and hold harmless Nini and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use or misuse of the Site, except to the extent caused by Nini's own negligence or wilful misconduct.
11. Changes to These Terms
We may revise these Terms from time to time at our sole discretion. The revised Terms will be posted on the Site with an updated effective date, and material changes will be indicated by a notice on the Site. Your continued use of the Site after revised Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to check this page periodically.
12. Governing Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Site (including non-contractual disputes or claims) are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles. You irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario for the resolution of any such dispute, and you waive any objection to that forum, including any objection that it is not a convenient forum. Nothing in this Section limits rights you may have under mandatory provisions of applicable law in your jurisdiction of residence.
13. General
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Nini with respect to your use of the Site, and supersede all prior understandings with respect to the Site. For clarity, they do not supersede any separate written agreement governing the Nini platform (see Section 1.1).
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Waiver. No failure or delay by Nini in exercising any right under these Terms operates as a waiver of that right, and no waiver of any breach constitutes a waiver of any other breach.
Assignment. You may not assign or transfer these Terms or any rights under them without Nini's prior written consent. Nini may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que les présentes conditions ainsi que tous les documents connexes soient rédigés en anglais.
14. Accessibility
Nini is committed to providing a website that is accessible to the widest possible audience, consistent with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). If you experience difficulty accessing any content on the Site, or if you have accessibility feedback, please contact us using the details in Section 15 and we will work with you to provide the information you require in an accessible format.
15. Contact Us
Questions about these Terms should be directed to:
NINIPAY INC. — 5-141 Toryork Drive, North York, Ontario, Canada M9L 1X9
Email: legal@nini.io (privacy matters: privacy@nini.io)