Terms & Conditions
1. What is Niche on Demand?
2. Niche on Demand Obligations
Niche on Demand obligations to Contributors, and the following rules apply (in addition to the all other Terms and Additional Policies) are as follows:
a. Make good faith efforts to fulfill the Perks associated with a Project in the timeframe that is communicated to Contributors.
b. Immediately notify Contributors if there are obstacles or delays.
c. Be responsive. Respond promptly and truthfully to all questions posed by Contributors and any questions or requests Niche on Demand makes.
d. Updates. Provide substantive and quality updates regularly.
e. Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and delivery of Perks.
f. Be Truthful and Transparent. Projects Owners should be ready, willing, and able to substantiate claims your Projects makes, including but not limited the stage of development, and timelines for delivery. If you are unable to substantiate claims.
g. Respect Privacy. Contributors information, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses will not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from Niche on Demand or the Service. We will maintain, and be required to produce if requested, records of all such verifiable consent. We will also:
i. Comply with EEA Data Controller Obligations. Fulfilling all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).
ii. Our data controller duties include:
i. Determining and qualifying the necessary legal basis or bases for processing of personal information;
ii. Managing and reporting security incidents;
iii. Transfers;
iv. Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
v. Maintaining records of your data processing activities;
vi. Conducting any required data protection impact assessments; and
vii. Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
iii. Respond to EEA Data Subject Requests. Niche on Demand will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. Projects Owner and Niche on Demand shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.
h. Platform Fees. Projects Owners are charged a 8% Platform Fee as a portion of the Contributions they raise (the “Platform Fees“). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time.
i. Taxes. Taxing authorities may classify Contributions as taxable income to the Projects Owner and any beneficiary who will receive funds directly from the applicable Projects. Niche on Demand may ask for the tax identification number (TIN) of Projects Owners and any beneficiaries so that We may report taxable income to the relevant taxing authorities. Niche on Demand will provide Projects Owners with a tax document if required by the relevant taxing authorities. Niche on Demand is unable to provide any Contributor or third party with tax advice and suggests that such Contributor or third parties consult with tax advisors of their choice.
j. Refunds. Niche on Demand offers a limited refund to Contributors in accordance with Our Refund Policy. Niche on Demand reserves its right to issue refunds at its own discretion outside of the Refund Policy.
3. Backing Projects
As a Contributor, when you make a Contribution to Projects, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies).
a. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
b. Niche on Demand Does Not Guarantee that Projects Will Succeed or that Perks Will Be Delivered or Deemed Satisfactory. By contributing to Projects, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Projects may experience changes, delays, and unforeseen challenges, or that a Project, and its Perks, might not come to fruition. Niche on Demand does not guarantee or represent Projects will achieve its goals. The date to deliver a Perk is an estimate by the Projects Owner (not Niche on Demand), and there is no guarantee that the Projects Owner will fulfill and deliver the Perk by that date.
c. Limited Refund. Niche on Demand offers a limited refund to Contributors, only where the Projects has not ended, the Contributor has not received a Perk (as confirmed by Niche on Demand), and the Contribution has not been sent to the Projects Owner. Niche on Demand does not offer refunds outside Our Refund Policy, but may do so under our sole discretion.
d. Credit Card Charges. When you Contribute to a Projects, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
e. Taxes are your responsibility . Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. Niche on Demand does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
4. Niche on Demand’s Role
a. We may remove User Content or cancel Projects and refund Contributions in Our discretion. Niche on Demand may remove User Content that violates the Terms at its sole discretion. Removing User Content, or cancelling Projects and refunding Contributions are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is at Niche on Demand’s sole discretion whether to discuss the reasons for taking action.
b. We do not provide tax or legal advice to Contributors. Contributors bear sole responsibility for determining how the applicable laws apply to contributing to Projects.
c. We do not become involved in legal disputes between Contributors. Niche on Demand bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Contributors.
5. Our Intellectual Property
a. Niche on Demand Intellectual Property. Niche on Demand’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any Niche on Demand Content, Services, or Marks accessed through the Site. You agree not to change, translate, or otherwise create derivative works.
6. Payment Services
Credit card payment processing services for Projects Owners on Niche on Demand are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). In all cases, standard credit card or other third-party processing fees apply in addition to any Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
7. System Outages and Maintenance
The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions.
8. Unsolicited Idea Submissions
We appreciate hearing from Our Contributors and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another User or third party. When We refer to a “submission” in this paragraph, We mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about an existing product, service, or feature on the Niche on Demand platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submission, you agree as follows:
a. All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.
b. By submitting an Unsolicited Idea Submission, you hereby grant Niche on Demand a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission, including, without limitation, in connection with the Site or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission and,
c. We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.
9. Indemnity
You agree to defend, indemnify and hold harmless Niche on Demand, Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
10. No Warranty
NICHE ON DEMAND HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, NICHE ON DEMAND CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NICHE ON DEMAND AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NICHE ON DEMAND AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF NICHE ON DEMAND OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
11. Disclaimer of Liability
a. Use the Services at your own risk. Niche on Demand is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Contributors, or between Contributors and any third party relating to the use of the Services.
b. You release us from all claims. When you use the Services, you release Niche on Demand from claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER CONTRIBUTORS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER NICHE ON DEMAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PROJECTS WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NICHE ON DEMAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PROJECTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER CONTRIBUTORS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR PROJECTS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF NICHE ON DEMAND AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NICHE ON DEMAND BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
12. Legal Disputes Not Subject to Arbitration Will Be Handled In the United Kingdom and in accordance with the laws of England and Wales
Niche on Demand is based in the United Kingdom. For any action not subject to arbitration, you and Niche on Demand agree to submit to the personal jurisdiction of the United Kingdom. The Terms and the relationship between you and Niche on Demand shall be governed in all respects by the laws of England and Wales, without regard to its conflict of law provisions.
13. Legal Disputes Subject to Arbitration, Dispute Resolution, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to interactions between Contributors); and claims that may arise after the termination of these Terms. The only disputes excluded from this Section are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Niche on Demand as follows:
Pre-Arbitration Dispute Resolution : For any and all disputes, claims, or controversies you may have against Niche on Demand (“Disputes”), whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute informally by contacting us with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue resolution of the Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Arbitration Procedures :
If the Dispute has not been resolved and is not subject to the exclusions provided above, then either party may initiate binding arbitration as the sole means to resolve all Disputes.
CLASS ACTION WAIVER: The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THIS MEANS THAT YOU AND NICHE ON DEMAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY A SINGLE ARBITRATOR IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SITE OF THE ARBITRATION. THE FOLLOWING FACTORS MAY BE CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:
The arbitrations have a common question of law or fact;
The issues in the multiple arbitrations are largely identical;
There are common claims, disputes, defenses, and relationships between or among the parties in the different arbitrations;
One or more parties is named in multiple pending arbitrations;
The arbitrations relate to the same Projects featured on Niche on Demand’s platform;
Consolidation will save time and resources;
One party will be seriously prejudiced by having multiple arbitrations heard separately.
By agreeing to these Terms, you are waiving your right to trial by jury or to participate in a class action. We are also waiving these rights.
Exclusions from Arbitration: Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy or unauthorized use of intellectual property.
30-Day Right to Opt-Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above. You can opt out of the arbitration and class action waiver provisions set forth above by sending an email from your registered email address on Niche on Demand with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” To opt-out, you must send the email to Niche on Demand with the required language within thirty (30) days of the later of the following: (i) of your creation of an Niche on Demand account or your first transaction with Niche on Demand, whichever is earlier; or (ii) the date of notice from Niche on Demand of a material change to this Section via email to you. To be clear, if you opt out of the arbitration and class action waiver provision, you will be able to pursue any potential claims in a court of law and can participate in a class action or other class proceeding if you so desire. If you do not opt out properly, you agree to arbitrate. If you opt out of the arbitration and class action waiver provisions, we will not be subject to them either with respect to any disputes with you, meaning Niche on Demand can also litigate in a court of law and be subject to class action litigation.
Severability: If a court or arbitrator decides that any portion of this Section regarding Dispute Resolution, Arbitration and Class Action Waiver is invalid or unenforceable, then the portion shall be severed from the Terms and/or deemed modified, only to the extent necessary to make it lawful. Such invalidity shall not affect the enforceability of any other provisions of the Terms that are not invalid or unenforceable. To affect the modification of the portion, the portion shall be deemed deleted, added to, and/or rewritten, whichever shall most fully preserve the intentions of the parties as originally expressed herein.
The Terms and the relationship between you and Niche on Demand shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. This “Dispute Resolution, Arbitration and Class Action Waiver” section shall survive any termination of your account, these Terms, or the Services.
2. Definitions
a. “Projects Owners” are those Strategic Partners raising funds through the Site;
b. “Projects” are the creative projects of Strategic Partners
c. “Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered;
d. “Contributors” or “Backers” refers to those Contributors contributing funds to Projects;
e. “Contributions” refers to funds donated to Projects by Contributors;
f. “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
g. “Niche on Demand, ” “We, ” “Our, ” or “Us” refers to Niche on Demand LTD, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
h. “Niche on Demand Content” refers to Content provided by Niche on Demand to Contributors in connection with the Niche on Demand Fund, including, without limitation, the software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered
i. “Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
j. “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any Niche on Demand Content;
k. “Perks” refers to the gifts or rewards in the form of tangible items or intangible services offered by Projects Owners to Contributors;
l. “PII” refers to personally-identifiable information, as that term is defined under all applicable laws;
m. “Privacy Policy” refers to Niche on Demand’s Privacy Policy;
n. “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
q. “Site” refers to the Niche on Demand website(s);
r. “Terms” or “Terms of Use” refers the Terms of Use, Additional Policies, Niche on Demand’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;
s. “User, ” “You, ” or ” Your” refers to Projects Owners, Contributors or any other visitor to the Site or Contributors of the Services, either individually or collectively;
t. “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Projects.
2. Full Agreement Between You and Us
These Terms are the entire agreement between You and Niche on Demand with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Niche on Demand with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Niche on Demand’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
3. Miscellaneous
We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Niche on Demand’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.