01
Agreement and authority
By creating an account, accepting an invitation or using Nidget, you agree to these Terms of Use and our Privacy Policy. If you use Nidget for a company, newsroom or other organisation, “you” means that organisation, and you confirm that you are at least 18 and have authority to bind it to these terms.
If you do not have that authority or do not agree to these terms, do not create or use an organisational workspace.
02
The service
Nidget provides tools for creating, publishing and measuring interactive content. We may improve or change features over time. We will take reasonable care to avoid materially reducing paid functionality during a current subscription term, but beta, free and preview features may change or end at any time.
You are responsible for your internet access, publishing systems, integrations and any choices you make about the content or data collected through your widgets.
03
Accounts and workspaces
You must provide accurate information, use an email address you are authorised to access and keep access links and sessions secure. A personal email can create an unverified personal workspace; representing an organisation requires the authority and verification described in these terms. Workspace owners and administrators are responsible for members, permissions and activity in their workspace. Tell us promptly at hello@nidget.app if you suspect unauthorised access.
You must not impersonate another person or organisation, create a workspace you are not authorised to represent, or use Nidget to mislead people about the source or sponsor of content.
04
Trials, subscriptions and payment
Plan features, prices, billing periods and any trial terms are shown when you subscribe or in an order form. Unless stated otherwise, fees are in Australian dollars and exclude applicable taxes. Paid subscriptions renew for the stated billing period unless cancelled before renewal.
You authorise us and our payment provider to charge amounts when due. Except where required by law or agreed in writing, fees already paid are not refundable. We may suspend paid features for overdue amounts after reasonable notice.
05
Acceptable use
You must not use Nidget to break the law or another person’s rights; publish unlawful, deceptive, defamatory, infringing or malicious material; collect information without the notices or permissions the law requires; distribute malware; probe or bypass security; disrupt the service; access another workspace without permission; or use automated means that unreasonably burden Nidget.
You are responsible for ensuring your content, audience data practices and published widgets comply with applicable laws, editorial standards and platform rules.
06
Your content and data
You retain ownership of content and data you submit to Nidget. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and adapt that content only as reasonably necessary to provide, secure, support and improve the service and to follow your instructions.
You confirm that you have the rights and permissions needed for the content and data you provide. Between you and Nidget, you are responsible for notices, consents, lawful bases and responses to people whose information you collect through your widgets.
07
Permission to identify you as a customer
When you accept these Terms during signup, you grant Nidget a non-exclusive, worldwide, royalty-free licence to use and display your organisation’s name, logo, trade marks and marketing materials solely to identify it as a Nidget customer on our website, customer lists, presentations and marketing materials. This includes factually accurate statements such as “used by teams at [organisation]”.
For a personal or unverified workspace, we will not rely on this permission to identify an organisation as a customer until the workspace’s connection to that organisation has been verified.
We will not use your brand to imply sponsorship, endorsement or a broader relationship than your organisation’s actual use of Nidget. We may resize or reformat a logo for placement but will not materially alter it. You confirm that you have authority to grant this permission.
You can opt out or withdraw this permission at any time simply by explicitly letting us know. No particular words or form are required; you can, for example, email hello@nidget.app. We will stop new uses and make reasonable efforts to remove the brand from materials we control within 10 business days. Withdrawal does not require us to recall material already printed or distributed.
08
Nidget intellectual property
Nidget and its licensors own the service, software, designs, documentation, trade marks and other materials we provide, excluding your content. We give you a limited, non-exclusive, non-transferable right to use the service during your account or subscription term in accordance with these terms.
If you give us feedback, you allow us to use it without restriction or payment, provided we do not identify you publicly as its source without permission.
09
Confidentiality and security
Each party must protect the other’s confidential information using reasonable care and use it only for the relationship contemplated by these terms. This does not cover information that is public through no breach, already lawfully known, independently developed or lawfully received from someone else.
A party may disclose confidential information where law requires it, after giving notice where legally permitted.
10
Warranties and availability
We will provide paid services with due care and skill. Nidget may occasionally be unavailable because of maintenance, incidents or systems outside our reasonable control. To the extent the law permits, we do not promise that every feature will be uninterrupted, error-free or suitable for every purpose.
Nothing in these terms excludes rights, guarantees, warranties or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.
11
Liability
To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, lost profit, lost revenue, lost opportunity or loss of goodwill arising from Nidget. This exclusion does not apply where the law does not allow it.
To the extent permitted by law, each party’s total liability arising from the service in a 12-month period is limited to the fees you paid or owed for Nidget in that period. For a free service, our total liability is limited to AUD $100. These limits do not apply to fraud, wilful misconduct, infringement of the other party’s intellectual property, breach of confidentiality, payment obligations, or liability that cannot be limited by law.
12
Suspension and termination
You may stop using Nidget or cancel a subscription in accordance with your plan. We may suspend or terminate access if you materially breach these terms, create a security or legal risk, fail to pay amounts due, or use the service in a way that could harm Nidget or others. Where practical, we will give notice and a reasonable opportunity to fix the issue.
After termination, your right to use the service ends. Provisions intended by their nature to continue—including ownership, confidentiality, liability, payment obligations and accrued rights—survive. We may delete content after a reasonable export or retention period, subject to law and backup cycles.
13
Changes to these terms
We may update these terms to reflect changes to the service, our business or the law. We will post the updated terms and effective date. For a material change affecting an existing paid subscription, we will provide reasonable advance notice. If you do not agree, you may stop using the service and cancel before the change takes effect.
14
General
Neither party may assign these terms without the other’s consent, except in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the assignee assumes the obligations. You may not transfer an account to another organisation without our consent.
If part of these terms is unenforceable, it will be adjusted or removed only to the minimum extent necessary, and the rest continues. A delay in enforcing a right is not a waiver. These terms, the Privacy Policy, your plan details and any signed order form make up the agreement, with a signed order form prevailing to the extent of a conflict.
These terms are governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales and courts entitled to hear appeals from them.
15
Contact
Questions about these terms can be sent to hello@nidget.app. Nidget operates from Sydney, New South Wales, Australia.