Terms of Service for Nifty IP

Effective Date: March 30, 2026

Welcome to Nifty IP. These Terms of Service ("Terms") govern your access to and use of the Nifty IP website and services (the "Service"), operated by NiftyBooks FlexCo ("we," "us," or "our"). By using the Service, you agree to be bound by these Terms.

1. The Service: Probabilistic Matching

Nifty IP provides a reverse-image search and monitoring service to help creators identify if their artwork has been used in AI training sets or across the web.

• Accuracy Disclaimer: Our Service uses a probabilistic similarity matching engine.
• Confidence Scores: All matches are assigned a confidence score (typically 0-100%). We generally flag scores ≥95% as high-confidence matches.
• No Guarantee: You acknowledge that no match is guaranteed to be 100% accurate. False positives (incorrectly flagging a match) and false negatives (missing an actual match) may occur. Nifty IP assumes no liability for the accuracy of these results. Please review the search results before filing any claims.
• Legal Claims from Matches: A positive match detection does not guarantee the existence of a valid legal claim. Even after you review and confirm a match, any subsequent legal or copyright claims you choose to pursue are entirely subject to your local laws. Nifty IP provides technical data, not legal advice.

2. User Accounts & Responsibility

• Individual Use: Each account is strictly for one user, one email address, and one login.
• Non-Transferable: Accounts cannot be shared, delegated, or used by multiple individuals or teams.
• Security: You are solely responsible for maintaining the confidentiality of your credentials. Sharing login information violates this agreement and may result in immediate termination without refund.

3. Intellectual Property, License & Data Sharing

• Ownership: You retain 100% ownership of all images you upload to Nifty IP.
• Limited License: By uploading an image, you grant Nifty IP a limited, non-exclusive license to process, store, and compare the image against public datasets for the sole purpose of providing the Service.
• No Third-Party Sharing: We prominently state that we do not share your data with third-party services, unless explicitly requested by you (e.g., when you actively choose to include third-party web search engines in your query).
• Strict Purpose & "No-Training" Promise: None of the data provided by users will be used for AI training, fine-tuning models, augmenting third-party datasets, or creating derivative works. Your data is used exclusively for searching for occurrences of similar images in AI training data or on the web, and reporting those findings back to you.

4. Prohibited Use & Anti-Scraping

The Service is intended to be operated by a human. To protect our system performance and the intellectual property within our database, the following are strictly prohibited:

• Automated Access: Using bots, scrapers, crawlers, or scripts to access the Service or harvest data.
• Suspicious Activity Penalties: We monitor for non-human activity. If suspicious or bot-like behavior is detected, we may enforce progressive security measures. This includes, but is not limited to, triggering mandatory CAPTCHA challenges. Continued violations will result in permanent account suspension and IP bans, with no refund.
• Circumventing Rate Limits: We enforce strict limits (e.g., Guest users are limited to 1 search per 4 hours). Any attempt to bypass these via IP rotation or automated scripts will result in a permanent ban.
• Reverse Engineering: Attempting to extract the underlying vector data or logic of our detection engine.

5. Billing & Access Revocation

• No Grace Period: Our billing system (via Stripe) operates on an immediate-action basis. If a subscription payment fails, your access to premium features and monitoring reports will be immediately suspended.
• Restoration: You will have a window to update your payment method via the Stripe Portal to restore access.
• Cancellation: After 30 days of non-payment, your subscription will be cancelled. We will retain your monitoring data for 90 days after cancellation before permanently purging it.

6. Third-Party Links

Nifty IP reports include direct links to external websites and third-party datasets (e.g., Hugging Face, Wikimedia, Google).

• No Control: These sites are beyond our control. We are not responsible for the content, safety, or legality of any external websites.
• User Risk: You access external links at your own risk and are subject to the terms and privacy policies of those third parties.

7. Data Retention & Termination

• Search History: Automatically purged every 90 days.
• Account Deletion: You may request permanent deletion of your account and data at any time by emailing info@niftybooks.com.
• The Purge: Upon account termination, your data (including images in S3 and embeddings in Qdrant) will be permanently deleted within 30 days, subject to any applicable legal data retention requirements.

8. Limitation of Liability

To the maximum extent permitted by law, NiftyBooks FlexCo shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the Service, including but not limited to legal disputes arising from detected matches.

9. Governing Law & Jurisdiction

These Terms are governed by Austrian law. Any legal claims or disputes filed against NiftyBooks FlexCo arising from or related to the use of the Service must be brought exclusively in the courts of Vienna, Austria.