Terms and Conditions

Terms Of Service

Update Effective: March 12, 2023

1 . Overview

By accessing or using our website (our “Website”), you agree to be bound by our terms of service set forth herein (collectively, our “Terms of Service”). These Terms of Service are entered into between you  (the “User”) and Nifti Digital, LLC dba NiftiCARD (“Nifti,” “we,” “us,” or “our”). The Terms of Service govern your access to and use of the NiftiCARD website at www.www.nifticard.com and https://www.nifticard.com (the “Website”). This website is owned and operated by Nifti Digital, LLC dba NiftiCARD.

Our Website allows users to access and use our user profile and digital card web application and services therein (the “Platform” and collectively with the Website, our “Services”) and to purchase our electronic business cards that connect to a user profile (our “Digital Card”). Access and use of the Digital Card and Platform are also governed by these Terms of Service.   

Please read these Terms of Service carefully before accessing or using our Website or Platform. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By accessing our Website, using our Services, or purchasing our Digital Cards, you are also consenting to the terms of our privacy policy, which can be found on our website.

2 . Description of Services

Access. We grant you a non-exclusive, non-transferable, revocable, limited right to access and use our Services for your own personal networking purposes. The extent of your right of access and use may be subject to (i) your creation of an account within the Service; and (ii) the extent to which you subscribe within the Service. This access allows the User to upload their contact information including but not limited to phone numbers, email, photos, videos, logo, social media links, calendar link, contact card, User bio, and company information to their User Profile.

Physical Cards. Nifti provides an NFC-enabled physical card that allows the User to transfer their information to another NFC compatible phone.

Hosting. Nifti will provide web hosting services for one year beginning on the date of purchase, including maintenance and potential upgrades to the Platform.

You agree that you will not copy, attempt to reverse engineer, modify, translate, or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the law of the United States and the laws of the jurisdiction in which our Services were obtained.

Updates to the Services. We may update, change, or remove the features or functionality of the Services from time to time with or without notice to you, which means that the Services will evolve as time goes on.

Public Profiles. IMPORTANT: You understand and agree that a key function of the Service is making your contact information available through a “Digital Card”, which is a dedicated URL containing the contact and other information that you wish to share and which you can manage through our Service. You understand and agree that any personal information you make available on your user profile within the Services will be published at a publicly accessible and searchable URL. Any third party will be able to view your Digital Card through that URL. This includes individuals that receive the URL by connecting with your Digital Card (whether intentionally or inadvertently), as well as any third party with which the individual may share such URL, and any third party who otherwise becomes aware of such URL (whether through an internet search or otherwise). You further understand and agree that your Digital Card works by sharing a link to your public profile URL, and that your Digital Card is not a private means of sharing your contact information.

3 . Account Registration

3.1.  Account. In order to become a registered user of our Services, you will be asked to create an account using your email address through the Services. The email address you provided will be how you access your NiftiCARD Account.

3.2.  Your Responsibilities. You agree to provide true, current, complete, and accurate information as requested, and to update that information as soon as possible after any information on such registration changes. You alone are responsible for keeping your Account login information and associated passwords confidential, and for any and all of your Account activity. Therefore, you should protect your password and make your password secure and difficult for others to guess. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security via support@niftidigital.com. You are solely responsible for any actions under your Account due to your acts or omissions. You are responsible for keeping your online Account password confidential.

3.3. Account Owner. Our Services allow individuals to purchase a subscription to the Services that allows for multiple User Accounts and multiple Digital Cards / Mobile Websites (“Multi-user Account”). The individual that purchased the Multi-user Account is the owner of the Account (“Owner”). The Owner controls the Multi-user Account, and when a user of a Multi-user Account has questions, we may respond only to the Owner in some cases.

4 . Fees and Payment Terms

4.1.  Scope. Users can purchase Digital Cards and register for paid subscriptions to our Services through our Website (“Purchase(s)”). All Purchases are subject to the terms in this Section 3.

4.2.  Billing Information. If you make a Purchase, you are required to provide valid credit card information or other acceptable payment information (collectively known as “Billing Information”), which will be provided to Nifti’s third-party payment processor (“Payment Processor”) and used to charge any fees. You shall promptly advise Nifti if your Billing Information changes due to loss, theft, cancellation, expiration, or otherwise, and you shall be liable for any failure to pay fees caused by outdated Billing Information.

4.3.  Payment, Terms, Subscription, and Automatic Renewal. By subscribing to the Services through a Purchase (a “Subscription”), you agree to our annual Subscription term of twelve (12) months, or such other term as specified at the time of Purchase (the “Term”). Upon the expiration of the Term, your Subscription will automatically renew for an additional twelve (12) months, or other renewal term specified, unless cancelled at least two (2) business days before your next billing date.

4.4.  Payment Method. Subscription fees are billed on a yearly basis at the beginning of each Subscription period and are non-refundable. Please note that our fees are subject to change. You hereby agree that all payments will be processed using Nifti’s Payment Processor and that all such payments will be governed by the Payment Processor’s terms and conditions published by the Payment Processor. By making a Purchase, you authorize Nifti to charge your Billing Information in accordance with these Terms.

4.5.  Fees. You agree to pay the applicable fees presented to you at the time of your Purchase, which may include a Digital Card fee, a Subscription fee, usage fees or other license fees, depending on the nature of your Purchase (“Fees”). The Fees may be subject to applicable taxes which you will be responsible for paying. Nifti does not offer refunds for any Purchases.

5. Physical Cards

5.1. Overview. Included with your original order, Nifti will provide and deliver to you an NFC-enabled physical card that allows the User to transfer their information to another NFC compatible phone. From time to time, you may also place an order for a replacement card.

5.2. Orders. Nifti processes and ships physical cards upon receipt of payment of applicable Fees. While Nifti uses commercially reasonable efforts to deliver the physical card to you in accordance with the time frame indicated in your order, Nifti is not responsible for any shipping delays unless caused by Nifti’s negligence.

5.3.  Shipping Costs; Risk and Title. The physical card included with your original order shall be delivered to you at no cost to you. For replacement card orders, you shall be responsible for all shipping costs, handling costs, service costs, insurance costs, delivery charges for all physical card deliveries to you. The risk of loss of or damage to the units of the physical cards ordered by you shall transfer to you upon delivery of such units either i) to your carrier; or ii) to your premises (as applicable). Title to the physical cards ordered by you shall pass to you only on payment in full of all applicable Fees specified in your order. You shall comply with all relevant export and import laws and regulations as they apply to physical card deliveries and related materials provided by us to you pursuant to these Terms of Service.

5.4.  Damage to Card. Physical card users are solely responsible for their physical cards after delivery. Physical card users should not bend cards or store cards at high temperatures. While Nifti makes commercially reasonable efforts to assist physical card users experiencing functionality issues, the physical cards are provided “AS IS” with all faults, and Nifti is not liable for any physical card damage or loss of functionality after delivery.

5.5.  Security. You are responsible for safeguarding your physical card against loss or theft and for keeping your online Account password, confidential. Nifti will have no liability for damage or loss of functionality of a physical card after delivery.

5.6.  Connectivity. You are responsible for obtaining and maintaining, at your sole expense, all hardware, software, and devices (e.g., mobile devices) that you require to access and use the physical card. We are not responsible for and have no liability with respect to the selection, purchase, maintenance, or proper functioning of any such hardware, software, equipment, devices, and services.

5.7.  Replacements. You are solely responsible for maintaining your physical card in proper working condition. A replacement fee may be charged for lost, stolen, misplaced, or abused physical card.

6. User Conduct

6.1. Conduct. You agree to abide by all applicable federal, provincial, territorial, and other laws and regulations when using our Services and Digital Cards. In addition, without limiting the foregoing, you agree not to:

  • upload, post, email, or otherwise transmit any material (“User Content”) to the Services that: constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party; is misleading, contains sexually explicit content, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer or mobile device software, hardware or telecommunications equipment;
  • register under a false identity, impersonate any person or entity, including, but not limited to, an Nifti employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • harvest or otherwise collect or store any information (including personal information) about other users of our Services, including email addresses, without the express consent of such users;
  • use any robot, spider, scraper, or other automated means to access our Services or Website and collect User Content for any purpose without our express written permission;
  • for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through our Services;
  • attempt to gain unauthorized access to our Services, other computer systems or networks connected to our Services, through password mining or any other means;
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third- party providers’) infrastructure;
  • interfere with or disrupt networks or servers connected to our Services;
  • use, download, or otherwise copy, or provide to any person or entity our Services’ user directory or other user or usage information or any portion thereof, other than in the context of your use of our Services;
  • use any other measure in an attempt to mislead Nifti or our users, or otherwise take advantage of our Services;
  • facilitate or encourage any of the above conduct.

6.2. User Content. We reserve the right to pre-screen, edit, limit, or remove any such User Content in our sole discretion, without further notice to you. In the event that you have linked User Content to your Account from a third-party platform that Nifti does not have the authority to edit, limit, or remove, Nifti reserves the right to cancel your Account and Services. Notwithstanding, you shall remain solely responsible for any User Content you submit, link, or post. You may be exposed to User Content that is inaccurate, incomplete, or unsuitable. We will not be responsible for User Content or accuracy of any information and shall not be responsible for any acts taken or decisions made based on such information. Any information you disclose in public areas of our Services becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.

6.3. User Content License. You hereby grant to us a limited license to collect and store User Content for the purpose of providing the Services. You further grant us a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to the use of our Services and user parameters and characteristics (“Anonymous Service Data”) in accordance with our Privacy Policy. We shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer, and convey to Nifti any ownership interest you may have in any Anonymous Service Data.

6.4. Reporting Content. You must notify us about any offensive or otherwise concerning User Content that you may see on our Services to help us maintain a positive experience for all users. We may, in our sole discretion, limit or terminate your use of our Services, remove hosted User Content, and take any other technical and/or legal steps to verify that all users of our Services and Digital Cards are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us.

7. Intellectual Property

The Platform and its entire content, data, features, Services, and functionality (including but not limited to text, graphics, data, photos, videos, logos, button icons, databases, images, or other material that can be viewed on the Platform) (“Platform Content”) are the sole property of Nifti or its licensors and are protected by copyright, trademark and other intellectual property laws.

The Nifti name and related logos are trademarks and service marks (“Marks”) of Nifti. Nifti Marks may not be used without advance written permission of Nifti, including in connection with any product or service that is not provided by Nifti, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Nifti. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.

A third-party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third-party website do not constitute or imply any approval, sponsorship, or endorsement of Nifti.

If you believe that any content on the Platform violates your intellectual property rights, please notify us.

8. Links to Third-Party Websites

We may offer links on our Services to websites and mobile applications owned and operated by third parties. We provide these links as a convenience to our visitors and users. We do not review the content of such third-party services, and neither endorse, nor are responsible for, any content, advertising, products, services, or other materials on or available from such third-party services. You assume full responsibility for your use of third-party services. Such services may be governed by terms and conditions different from those applicable to our Services or Digital Card use, and we encourage you to review the terms and privacy policies of those third parties before using their services. We may also offer links to Content created by us and available on other services. If you link to that Content, you are responsible for complying with the terms of use applicable to those services while you are using them.

9. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the content or user content is accurate, reliable or correct; that our services will be available at any particular time or location; that your access to our services will be uninterrupted; that any defects or errors will be corrected; that our services are free of viruses or other harmful components; that the Digital Card or Services will meet your needs. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nifti Digital, LLC dba NiftiCARD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Notwithstanding anything contained in the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to $100 USD. Under no circumstances shall Nifti be liable for any direct, indirect, incidental, special, consequential, exemplary, or other damages whatsoever.



10. Indemnification

You agree to indemnify, defend and hold harmless Nifti Digital, LLC dba NiftiCARD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Services or Digital Card, any alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.

11. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



12. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



13. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



14. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Oklahoma will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Oklahoma City, Oklahoma. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

15. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



16. Contact Information

When you create an Account in the Service, you must designate a primary email address that will be used for receiving electronic communication related to these Terms of Use and the Service. Nifti will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Nifti, do not respond to the email and notify Nifti by emailing us at support@niftidigital.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform, these Terms of Service, and the Privacy Notice, please contact us at support@niftidigital.com or by mail at:

Nifti Digital, LLC
ATTN: Legal Department
3810 N. Tulsa Ave, Suite N1
Oklahoma City, OK 73112