Terms and Conditions of the Niceforyou App and Additional Services

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  • Terms and Conditions of the Niceforyou App and Additional Services

I. General Provisions

  1. These Terms and Conditions (hereinafter “T&C”) set forth the terms and conditions for the use of the Services offered by the Niceforyou Application and the Additional Services provided by Nice S.p.A. (hereinafter “Service Provider”).
  2. These T&C are drafted in accordance with applicable legal provisions and govern the terms and conditions of use of the mobile app and the associated website (hereinafter the “Platform”).
  3. The T&C define the rights and obligations of Users, as well as the rights, duties, and responsibilities of the Service Provider in its capacity as operator of the Platform and provider of the Services.
  4. These T&C, together with the Privacy Policy, are made available on the Platform, where they can be easily accessed, downloaded, and printed by the User.
  5. Upon Registration, each potential User is required to carefully review and fully accept the content of these T&Cs and the Privacy Policy. Failure to accept them will prevent Registration and the use of the Services.
  6. Nice S.p.A. exclusively holds all intellectual property rights relating to the Niceforyou Application.

II. Definitions

Capitalized terms used in these Terms and Conditions have the following meanings:

  1. Service Provider: Nice S.p.A., Via Callalta 1, 31046, Oderzo, Treviso, Tax ID/Company Registration No.: 02717060277 / VAT No.: 03099360269.
  2. User: A natural person of legal age with full legal capacity, a legal entity, or an unincorporated organization that has access to the Services provided by the Niceforyou Application. For the purposes of consumer protection laws, a “Consumer” User is defined as a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out.
  3. Account: A set of login credentials, consisting of a Niceforyou ID and a Password, required to use the Services.
  4. Niceforyou ID: The User’s email address provided during Registration, used to access the Account and use the Services.
  5. Password: A string of alphanumeric and special characters that protects the Account from unauthorized access.
  6. Authentication: The process of identifying the User based on the Niceforyou ID and Password.
  7. Platform: The mobile app and/or website through which the Niceforyou Services and Additional Services are provided.
  8. App/Application: The application named “Niceforyou” is a software application for mobile devices that offers the Niceforyou Services and Additional Services, including all of its content, features, interfaces, updates, and related materials. The Niceforyou App can be downloaded from major digital stores (Google Play Store, Apple App Store, Huawei Store), selected exclusively by Nice S.p.A. The User acknowledges that these digital stores are operated by third parties and that the App may no longer be available for download or use for reasons beyond Nice S.p.A.’s control. The User waives any claim against Nice S.p.A. in the event that the App is unavailable. The Service Provider does not guarantee the Application’s compatibility with all devices or operating system versions other than those specified.
  9. Niceforyou Services: Electronic services offered through the Platform by the Service Provider to Users who, using their Niceforyou ID, can manage and control the devices provided by the Service Provider. Use of the Niceforyou Services is completely free of charge.
  10. Additional Services: The integration service with external services, such as Alexa and Google Home, connected to the Niceforyou App or to devices within the Niceforyou App’s services, which allows for the management of the system, devices, and services through external systems, and vice versa. By accepting these Terms of Service, the User agrees that the Service Provider and the entities providing such external services may modify the scope of the services, thereby indirectly modifying the scope of the Integration Service (in particular by adding or removing individual services).
  11. Registration: The process of creating an Account, which entails entering into a contract for the provision of Niceforyou Services and Additional Services for an indefinite term. The User may terminate the contract at any time at no cost and without providing a reason, as provided for in the following T&Cs; the Service Provider may terminate the contract in the cases provided for in the following T&Cs.
  12. Contract: The agreement between the Service Provider and the User for the provision of Niceforyou Services and Additional Services offered by the App, governed by these T&Cs, entered into upon completion of Registration.
  13. Termination of the Contract: Cessation of use of the Niceforyou Services and Additional Services offered through the App by deleting the Account or following objection to changes made to the Terms and Conditions.
  14. Terms of Service (“T&C”): These Terms of Service relating to the provision of the Niceforyou Services and Additional Services.
  15. Privacy Policy: A separate document governing the collection, processing, and storage of the User’s personal data, accessible within the App and at https://www.niceforyou.com/en/app-privacy-policy

III. Registration and Access

  1. Registration on the Platform is voluntary and free of charge.
  2. The registration and account creation process is completed by following the step-by-step guide provided on the Platform.
  3. The User accepts these Terms and Conditions by selecting the appropriate checkboxes during the Registration process, thereby declaring that:
    1. he or she has read and accepted all the provisions of the Terms and Conditions;
    2. he or she voluntarily consents to the use of the Platform and the Services;
    3. he or she has provided truthful and accurate information in the registration form;
    4. he or she has reviewed the Privacy Policy accessible within the App and available at https://www.niceforyou.com/en/app-privacy-policy.
  4. Consent must be given through active action. The User must open and scroll to the end of each document - both the T&Cs and the Privacy Policy—before proceeding to accept them. Once each document is closed, the User must select the corresponding checkbox to provide valid consent. Pre-selected checkboxes do not constitute valid consent.
  5. Acceptance of the Terms and Conditions and acknowledgment of the Privacy Policy are necessary conditions for using the App. If the User does not intend to accept these Terms, they must not download, install, or use the App and, if it is already installed, must uninstall it immediately.
  6. To access the App’s features, you must create a personal account. To create an account, you must provide the personal information specified in the registration form, including a valid email address and a password. Additionally, you will be asked to create a username for your registered personal account.
  7. Once the form is completed, the Service Provider will send a confirmation email to the address provided, in which the T&Cs will be made available to the User in a downloadable format, and the User will be informed of the indefinite nature of the Contract entered into, as well as the procedures for withdrawal and account cancellation. The User’s confirmation finalizes the Registration.
  8. Completion of registration constitutes the conclusion of an open-ended contract for the provision of electronic services, the terms of which are defined by these T&Cs. In the case of a non-consumer User, the contract is entered into in English. In the case of a Consumer User, these T&Cs are made available in the following languages (Italian, Spanish, Polish, French, German), and in the event of any discrepancy between the available language version and the English version, the version written in the official language of the country where the Consumer has their habitual residence shall prevail, provided it is available. In the absence of such a version, the English version applies, with the interpretation most favorable to the Consumer always prevailing.

IV. Technical Requirements for the Provision of Services

  1. To use the Services, the User must have: Internet access, a web browser or a compatible and properly configured mobile device, and an active email account.
  2. Use of the Services involves the typical risks associated with Internet use. The Service Provider takes appropriate technical and organizational measures to ensure the secure use of the Services, in particular to prevent access by unauthorized persons.
  3. The User is responsible for the security of their devices and data, including the use of antivirus software, system updates, and the use of strong, confidential passwords. Any activity carried out through the User’s Account is deemed to have been performed by the User and is, in all cases, the User’s responsibility.

V. User Rights and Obligations

  1. The User agrees to use the Services in accordance with these Terms and Conditions, applicable laws, applicable regulations, the rights of third parties, and the principles of fairness and good faith. In particular, the following is prohibited:
    1. Share, assign, or transfer login credentials to third parties;
    2. engage in activities likely to cause interruptions, damage, compromise, interference, or overload to the operation of the App, the Service Provider’s servers or networks, or those of third parties;
    3. Use the App for illegal, offensive, defamatory, fraudulent, or discriminatory purposes, or for purposes contrary to public order and morality; to incite hatred; or to violate intellectual or industrial property rights, trade secrets, or the principles of fair competition;
    4. Send unsolicited commercial information;
    5. Attempting to access or gaining unauthorized access to computer systems, restricted areas, or data belonging to other Users, and/or collecting, extracting, or storing other Users’ personal data without their consent;
    6. Sharing, uploading, transmitting, and/or disseminating harmful content such as computer viruses, malware, or other malicious code;
    7. Assign to third parties the rights and obligations arising from the Agreement without the written consent of the Service Provider or in ways other than those permitted by the Niceforyou App;
    8. Provide false, inaccurate, or misleading information at the time of Registration or while using the App;

The Service Provider is not liable for damages resulting from the unauthorized use of the Account by third parties.

The User agrees to promptly report to the Service Provider, at app@niceforyou.com, any unauthorized use of their account or any security breach of which they become aware.

  1. The User agrees not to engage in any acts that may cause material harm to the Service Provider or third parties, including, but not limited to:
    1. Use the App for illegal, fraudulent, defamatory, or discriminatory purposes, or for purposes contrary to public order and morality; modify, translate, adapt, decompile, disassemble, attempt to reverse engineer, or derive the source code of the App; make partial or complete copies of the Platform; or use it to create competing services;
    2. Reproduce, distribute, sell, rent, sublicense, or transfer the App or any part thereof;
    3. Remove, alter, or obscure copyright notices, trademarks, or other ownership notices contained in the App;
    4. Use automated systems (bots, spiders, scrapers) to access the App or extract data;
    5. Upload, transmit, or distribute viruses, malware, ransomware, or any other destructive computer code;
    6. Attempt to gain unauthorized access to the Service Provider’s systems or networks;
    7. Collect or store other Users’ personal data without their explicit consent;
    8. Hinder or interfere with the normal operation of the App or the Service Provider’s servers.
  2. If the User uploads, publishes, or shares content (text, information, images, videos, comments, or other materials; hereinafter, “Content”), the User:
    1. You retain ownership of the intellectual property rights to your Content;
    2. You warrant that you hold all necessary rights to publish the Content and that it does not infringe upon the rights of third parties, applicable laws, or these T&Cs;
    3. You are solely responsible for the Content published and/or shared on the App, as well as for the consequences arising from any use that does not comply with these T&Cs, and you indemnify the Service Provider against any third-party claims in this regard;
    4. Grants the Service Provider a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, distribute, and display the Content solely for the purpose of providing and improving the Services.
  3. The Service Provider reserves the right to remove, without prior notice, any Content that violates these T&Cs or applicable law.

VI. Rights and Obligations of the Service Provider

  1. The Service Provider warrants that the App and its digital content comply with this Agreement.
  2. The Service Provider undertakes to make every reasonable and commercially justified effort to ensure the availability of the Services 24 hours a day, 7 days a week, with the exception of:
    1. Scheduled outages, announced with adequate advance notice on the Platform;
    2. Interruptions caused by circumstances beyond the Service Provider’s control (force majeure, hacker attacks, Internet access outages, etc.).
  3. The Service Provider reserves the right to develop, update, and improve the Services, and may add, modify, or remove Services. 
    Updates will be made available through the official app stores. The User is required to install security updates within a reasonable timeframe. Failure by the User to install updates after receiving notification thereof does not constitute a lack of conformity attributable to the Owner, within the limits provided for by applicable law.
  4. In the event of a lack of conformity of the App, the Consumer User is entitled to have the Service Provider restore conformity, free of charge and within a reasonable time after the defect is reported. If restoring conformity is impossible, is not carried out within a reasonable time, or is expressly refused by the Service Provider, the User shall have the right to terminate the Agreement. The Service Provider is not liable for any lack of conformity caused by the User’s technical environment, including an obsolete operating system, an incompatible device, or an insufficient Internet connection.
  5. The Service Provider reserves the right to temporarily suspend the provision of the Service to a User, in whole or in part, if the User violates the T&Cs, in the event of prolonged inactivity of the Account, or in the event of cybersecurity incidents (e.g., suspicious logins), by notifying the User via email with the subject line “Service Interrupted.”

VII. Term and Termination of the Contract

  1. The Agreement is entered into for an indefinite term.
  2. The Service Provider has the right to suspend or revoke access to the App and to terminate the Agreement with 14 days’ notice, stating the relevant reasons, including, for example: serious and repeated violation of the T&Cs; unlawful, harmful, or fraudulent conduct by the User toward the Service Provider or other Users, or conduct that is otherwise contrary to public order or applicable laws; a request from the competent judicial or administrative authority; termination of the service for all Users. Notification will be sent via email with the subject line “your account has been deactivated.”
  3. In cases of serious and immediate violations (such as, for example: distribution of malware, breach of computer systems), for the purpose of protecting the Services or third parties, the Service Provider may suspend or revoke access to the App immediately and without notice and terminate the Agreement, specifying the relevant reasons as well as the deadline for remedying the alleged conduct, and simultaneously notifying the User via email with the subject line “your account has been deactivated.”
  4. Termination of the Agreement means that the User will no longer be able to continue using the Services offered through the App, nor will they be able to use the cloud connection and related services. The Account and associated personal data will be deleted in accordance with the Privacy Policy, unless otherwise required by mandatory law.
  5. The provisions of these T&Cs that, by their nature, are intended to survive termination (including those relating to intellectual property, limitation of liability, and applicable law) will remain in effect.

VIII. User Withdrawal

  1. The User may terminate the Agreement at any time, without notice, at no cost, and without providing a reason, in one of two ways:
    1. The “Delete My Account” procedure provided by the App;
    2. Submission of an explicit statement to the following email address: niceprivacy@niceforyou.com.
  2. If the notice of termination is sent via the email address indicated above, the User may follow the standard account deletion procedure available in the “Settings” section of the App (if a Consumer) or submit an explicit statement of their decision to terminate the agreement.
  3. In the event of withdrawal, the Agreement shall be deemed terminated, and the Service Provider shall immediately deactivate and delete the Account and all of the User’s personal data, in accordance with the provisions of Section VII and the Privacy Policy. The User shall refrain from using the App and from making it available to third parties.

IX. Limitation of Liability

  1. The provisions of this chapter (IX) do not apply to Users acting as Consumers, who are protected by mandatory provisions of law.
  2. For Users who are not Consumers, the Service Provider’s liability for any damages arising from the breach or improper performance of the Agreement is limited to damages resulting from willful misconduct or gross negligence. All other liability is excluded.
  3. To the extent permitted by law, for non-consumer Users, the Service Provider disclaims all liability for:
    1. Direct, indirect, incidental, consequential, or punitive damages arising from the use of or inability to use the App;
    2. Loss of data, information, or profits attributable to technical malfunctions, service interruptions, or the conduct of third parties;
    3. Damages caused by viruses or malware transmitted through the App;
    4. Damages arising from the operation of External Services.
  4. Users are encouraged to take appropriate technical and organizational measures to reduce cybersecurity risks (updating the operating system, using antivirus software, and performing regular backups of personal data).

X. User’s Personal Data, Protection, and Processing

  1. The Service Provider’s processing of the User’s personal data is governed by the Privacy Policy, which can be accessed at any time:
    1. Within the App, in the “Privacy” or “Settings” section;
    2. On the website at https://www.niceforyou.com/en/app-privacy-policy.

The Privacy Policy describes, among other things, what data is collected, the purposes and legal bases for processing, retention periods, the rights of the data subject, and how to exercise those rights, in accordance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 (Privacy Code), as amended by Legislative Decree 101/2018.

  1. The Service Provider is the Data Controller for the personal data of Users who access and/or use the Services offered by the App, the Nice Cloud portal, and related digital services, as well as integration services with smart devices connected to Nice products (home automation, automation, security systems, climate control, etc.), and any additional features that may be linked (e.g., Alexa voice control, guest access, installer authorization), and which are necessary for the conclusion and performance of the Contract (e.g., registration data). Such data is processed on the legal basis of the necessity to perform the Contract (Article 6, paragraph 1, letter b) of the GDPR). The purposes and methods of processing are described in detail in the Privacy Policy.
  2. The Privacy Policy contains all the information required by the GDPR, including the data subject’s rights (access, rectification, erasure, restriction, data portability, withdrawal of consent, objection) and the procedures for exercising them. The User must review it before entering into the Contract.

XI. Complaints

  1. Any complaints regarding the Services offered by the App must be submitted through the dedicated “Help & Support” section within the App, where the “Technical Support” section provides the designated communication channel.
  2. The Service Provider will review the complaint as soon as possible after receipt and, in any case, no later than 30 days, and will respond to the email address provided by the User at the time of Registration. The Service Provider will consider only complaints submitted by Users who have their own Account.
  3. To process the complaint, additional information may be requested, such as the email address, name, phone number, and details about connected devices.

XII. Warranty of Conformity

  1. The Provider guarantees that the App complies with the provisions of these T&Cs for the entire duration of the contract.
  2. The Provider is liable for any lack of conformity existing at the time the App is provided or that arises during the term of the contract, in cases where the contract provides for ongoing provision.
  3. In the event of a lack of conformity of the digital service, the Consumer User has the right to:
    1. Request that the App be brought back into compliance, free of charge and within a reasonable time;
    2. Terminate the contract if restoring compliance is impossible, excessively burdensome, or does not occur within a reasonable timeframe.
  4. The legal warranty of conformity does not apply if the defect is attributable to:
    1. The User’s mobile device does not meet the specified minimum requirements;
    2. Operating system not updated, after the Provider has informed the User of the need for the update and the consequences of failing to update;
    3. Modifications made by the User outside of authorized procedures;
  5. To the extent permitted by applicable law, the App is provided “as is” and “as available,” without warranties of any kind, express or implied, other than those required by law.
  6. The Data Controller does not guarantee, in particular, that the App:
    1. Is free of errors, bugs, delays, data loss, vulnerabilities, or interruptions at all times;
    2. Is compatible with all devices or operating systems;
    3. Meets specific expectations of the User that are not expressly provided for in these T&Cs.

XIII. Changes to the Terms and Conditions

  1. The Service Provider reserves the right to modify, update, or supplement these T&Cs at any time, in compliance with the limits imposed by applicable consumer protection laws, for justified reasons and in particular to:
    1. Legislative changes that affect the content of the T&Cs;
    2. Introduction of new services, modification, or elimination of existing ones;
    3. Improvements to security or measures to prevent abuse;
    4. The need to adapt the Terms and Conditions to Users’ needs.

Changes will be communicated to the User at least 30 days prior to their effective date via a notification (“pop-up”) within the App, in which the User will be asked to accept the amended T&Cs, and via email to the address provided by the User during Registration.

  1. A User who does not wish to accept the changes may terminate the Contract in accordance with the procedures set forth in Section VIII, without incurring any charges or penalties, within 30 days of receiving the notice or, if later, from the time the change took effect. Failure to notify the Service Provider of termination by the effective date of the changes will be deemed tacit acceptance of the changes. In the absence of acceptance, the User is required to cease using the App and uninstall it.
  2. In exceptional cases, if the change is required by law or to address an unforeseen and direct security threat, the Service Provider may implement changes with immediate effect, promptly informing Users via a notification (“pop-up”) and by email; even in such cases, the User retains the right to terminate the Agreement, at no cost, within 30 days of receiving the notice.

XIV. License and Intellectual Property

  1. The Service Provider grants the User a personal, limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App on a mobile device owned by or under the User’s control, solely for personal and non-commercial use, subject to the terms set forth in these Terms.
  2. All rights not expressly granted under this license are reserved by the Service Provider. This agreement does not transfer any ownership rights in the App or its content to the User.
  3. The software, source codes, graphical interfaces, text, images, logos, trademarks, icons, videos, and any other element of the App are the exclusive property of the Service Provider or its licensors and are protected by Italian and European laws governing copyright, trademarks, and intellectual property.
  4. The User is expressly prohibited from:
    1. Copying, modifying, adapting, or creating derivative works based on the App;
    2. Distributing, sublicensing, renting, lending, or transferring the license or the App to third parties;
    3. Decompiling, disassembling, or reverse engineering the App;
    4. Removing, altering, or obscuring copyright notices, trademarks, or other proprietary notices contained in the App.

XV. Final Provisions

  1. These Terms and Conditions are governed by and interpreted in accordance with Italian law, without prejudice to the application of provisions that cannot be waived by agreement under the law of the User’s country of residence if the User is a Consumer.
  2. For any dispute arising from the Agreement, if the User is not a Consumer, the exclusive jurisdiction is that of Treviso. If the User is a Consumer, the competent jurisdiction is that of the User’s place of residence or domicile.
  3. The Consumer User is informed of the possibility of using the European platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/.
  4. If one or more provisions of these T&Cs are deemed null and void, voidable, or ineffective under applicable law, such nullity or ineffectiveness shall not extend to the remaining provisions, which shall continue to be effective to the fullest extent permitted by law.
  5. These T&Cs, together with the Privacy Policy and any specific terms relating to particular features, constitute the entire agreement between the Service Provider and the User regarding the use of the App.
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