Terms of service

Version 1.0
Effective date: 25 July 2026

1. Provider and scope

These Terms of Service govern access to and use of the Nivella website, Nivella Assistant AI WordPress plugin, Nivella SaaS platform, Service Center, AI-powered features, integrations, APIs, subscriptions, usage credits and related services collectively referred to as the “Service”.

The Service is provided by:

AKK Marketing Services Sp. z o.o., operating under the Nivella brand
Registered address: Jana Pawła II Ave 43A / 35B, 01-001 Warsaw, Poland
Poland
Tax identification number / VAT ID: PL5273153716
Contact email: hello@nivella.app

The provider is referred to in these Terms as “Nivella”, “we”, “us” or “our”.

These Terms apply to all users of the Service, including account owners, administrators, operators and persons acting on behalf of a company or organisation.

2. Acceptance of the Terms

You accept these Terms when you:

• create or activate a Nivella account;
• connect the WordPress plugin to the Nivella SaaS platform;
• purchase a subscription or usage credits;
• click an acceptance checkbox;
• or otherwise begin using the Service.

If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms on its behalf.

If you do not accept these Terms, you must not activate or use the Service.

3. Eligibility and business use

The Service is intended primarily for businesses, professionals, organisations and persons acting for purposes connected with their commercial or professional activity.

You must be at least 18 years old and legally capable of entering into a binding agreement.

You may not use the Service where its use would violate applicable law, sanctions, export restrictions or contractual obligations binding upon you.

Mandatory consumer rights remain unaffected where the Service is purchased by a consumer or by an individual entrepreneur entitled to consumer protection under applicable Polish or European Union law.

4. Description of the Service

Nivella provides software and cloud-based tools that may include:

• an AI-powered website assistant;
• customer chat functionality;
• e-mail and messaging channel integrations;
• WooCommerce-related assistance;
• knowledge base processing;
• conversation management;
• AI-generated reply suggestions;
• operator and Service Center functionality;
• file and attachment handling;
• reporting and analytics;
• API access;
• automation tools;
• subscriptions and usage credits.

The exact functionality available to you depends on your selected plan, configuration, purchased modules, credit balance, technical environment and third-party integrations.

Some functions may be marked as beta, experimental, preview or early-access features. Such functions may be changed, limited or withdrawn and may not be covered by a service-level commitment.

5. WordPress plugin and SaaS connection

The Nivella WordPress plugin connects your WordPress website with the Nivella SaaS platform using an API key or another authentication mechanism.

You are responsible for:

• installing the plugin on a compatible WordPress environment;
• keeping WordPress, PHP, plugins and themes reasonably updated;
• protecting your API keys and authentication links;
• preventing unauthorised access to your WordPress administration panel;
• configuring the Service in accordance with your business requirements;
• verifying that integrations work correctly before production use.

API keys, login links and access credentials must not be publicly disclosed or shared with unauthorised persons.

You must notify Nivella promptly if you suspect that credentials or API keys have been compromised.

6. Accounts and authorised users

You must provide accurate and current registration, billing and contact information.

The account owner is responsible for all activity performed through the account, including activity by administrators, operators, employees, contractors and other authorised users.

You are responsible for assigning appropriate access levels and removing access when a person no longer requires it.

You may not:

• impersonate another person or organisation;
• register an account using misleading or false information;
• share one operator account between multiple persons where the applicable plan requires separate operator seats;
• bypass user, mailbox, website, conversation or usage limits.

7. Plans, subscriptions and payments

The current plans, prices, included limits and available features are presented on the Nivella website, checkout page or account dashboard.

Unless stated otherwise:

• prices are exclusive of taxes where permitted by law;
• applicable VAT or other taxes may be added during checkout;
• payment is due using the payment methods presented at checkout;
• invoices are issued using the billing information supplied by the customer.

A recurring subscription automatically renews for the selected billing period unless it is cancelled before the next renewal date.

Cancellation stops future renewal. Unless mandatory law provides otherwise, cancellation does not automatically result in a refund for a billing period that has already started.

Failure to pay may result in restriction, suspension or termination of the Service.

8. Price and plan changes

Nivella may introduce new plans or change prices for legitimate commercial, legal, security, infrastructure or product-development reasons.

A price change affecting an existing recurring subscription will normally apply from the next renewal period after advance notice.

Material adverse changes will be communicated in advance where required by law. Where mandatory law gives you the right to terminate the agreement due to a change, you may exercise that right before the change becomes effective.

A plan change requested by the customer may take effect immediately or from the next billing period, depending on the information presented during the change.

9. Usage credits

Some AI operations, model requests, document processing or other functions may use Nivella Credits.

The number of credits consumed may depend on:

• the selected AI model;
• the volume of input and output;
• document or attachment size;
• the type of operation;
• third-party provider costs;
• the rules displayed in the account dashboard or pricing documentation.

Credit allocation, validity, rollover, expiration and usage rules are presented at the time of purchase or in the applicable plan description.

Unless otherwise required by law, credits that have already been consumed are not refundable.

Nivella may correct a credit balance where an obvious technical, accounting or billing error has occurred. All corrections should be recorded in the account ledger.

10. Free plans and trials

Free plans and trial access may be subject to lower limits, restricted functionality, rate limits and reduced support.

Nivella may modify or discontinue a free plan for legitimate business, legal, security or technical reasons. Where reasonably possible, users will receive advance notice of a material change.

Free accounts may be suspended or removed following prolonged inactivity, abuse, security risks or violation of these Terms.

Free access does not create a commitment to maintain any particular feature permanently.

11. Artificial intelligence functionality

The Service may use artificial intelligence models supplied by Nivella or third-party AI providers.

AI-generated responses and recommendations are produced automatically and may be:

• inaccurate;
• incomplete;
• outdated;
• misleading;
• inappropriate for a particular context;
• similar to content generated for other users.

Nivella does not guarantee that AI-generated content is factually correct, unique, complete or suitable for a particular purpose.

You must apply appropriate human review before relying on AI-generated content or sending it to customers.

The Service is not a substitute for professional legal, medical, accounting, financial, tax, safety or regulatory advice.

You must not use AI-generated content as the sole basis for decisions that may produce legal or similarly significant effects for an individual, including decisions concerning employment, credit, insurance, healthcare or access to essential services.

You are responsible for configuring appropriate escalation to a human operator where necessary.

12. Transparency towards end users

You are responsible for clearly informing end users when they are communicating with an AI system, except where this is already obvious from the circumstances or where applicable law provides otherwise.

You must not intentionally present an automated AI system as a human employee in a manner that may mislead end users.

Where a human operator takes over a conversation, the interface or communication should make that change reasonably clear where appropriate.

13. Customer responsibilities

You are responsible for your use of the Service and for the activities performed through your account.

In particular, you are responsible for:

• determining whether the Service is appropriate for your intended use;
• providing legally required information to website visitors and customers;
• establishing a valid legal basis for processing personal data;
• providing privacy notices and obtaining consents where required;
• configuring retention periods and user permissions;
• reviewing AI responses and automated actions;
• responding to customer enquiries and complaints;
• maintaining lawful e-mail, messaging and marketing practices;
• ensuring that uploaded content does not violate third-party rights.

You remain responsible for messages and actions sent through your connected websites, mailboxes, messaging accounts or WooCommerce stores.

14. Prohibited use

You must not use the Service to:

• violate applicable law or the rights of another person;
• send spam, unlawful marketing or unsolicited bulk communications;
• distribute malware, ransomware, malicious code or phishing content;
• attempt unauthorised access to systems, accounts or data;
• collect credentials, payment card data or sensitive authentication information unlawfully;
• harass, threaten, exploit or deceive another person;
• generate or distribute unlawful, discriminatory or seriously harmful content;
• infringe intellectual property, privacy, confidentiality or personality rights;
• conduct unlawful surveillance or profiling;
• circumvent plan limits, credit accounting, security controls or rate limits;
• reverse engineer protected SaaS components except where expressly permitted by mandatory law;
• resell or provide unauthorised access to the Service;
• overload, disrupt or interfere with the Service or its infrastructure;
• use the Service in high-risk environments where failure could cause death, personal injury or significant physical damage.

Nivella may investigate suspected abuse and take proportionate protective measures.

15. Customer content

“Customer Content” means information, messages, documents, prompts, files, product data, customer data, knowledge base materials and other content submitted to or processed through the Service.

You retain your rights to Customer Content.

You grant Nivella a limited, non-exclusive right to host, copy, transmit, transform and otherwise process Customer Content only to the extent necessary to:

• provide and secure the Service;
• perform requested AI operations;
• troubleshoot technical problems;
• prevent abuse;
• comply with legal obligations;
• provide support requested by you.

You confirm that you have the necessary rights, permissions and legal basis to submit and process Customer Content.

You must not upload content that is unlawful or that you are not authorised to process.

16. AI outputs

To the extent permitted by applicable law and the terms of relevant AI providers, you may use outputs generated for your account for your lawful business purposes.

AI outputs may not qualify for copyright or other intellectual property protection in every jurisdiction.

Nivella does not guarantee that an output:

• is unique;
• does not resemble third-party content;
• is eligible for intellectual property protection;
• does not require additional permissions before commercial use.

You are responsible for reviewing outputs before publication or commercial use.

17. Personal data and data processing

When Nivella processes account, billing, security and direct customer-support information for its own purposes, Nivella may act as a data controller.

When Nivella processes personal data contained in customer conversations, messages, documents, attachments, contact records or connected services on behalf of the customer, the customer generally acts as the data controller and Nivella acts as a data processor.

Details concerning data processing are described in the:

• Privacy and GDPR Information;
• Data Processing Agreement;
• Data Operations Description;
• list of subprocessors, where applicable.

These documents are incorporated into these Terms by reference.

The customer is responsible for ensuring that end users receive appropriate information concerning the use of AI, cloud processing and relevant communication channels.

18. Sensitive and restricted data

Unless expressly agreed in writing and supported by an appropriate Service configuration, you must not use the Service to process:

• payment card authentication data;
• passwords or private authentication secrets;
• highly sensitive government identifiers;
• medical records;
• biometric identification data;
• criminal-conviction data;
• special categories of personal data;
• information subject to professional secrecy or sector-specific restrictions.

Where processing such data is legally permitted and explicitly supported, the customer remains responsible for conducting an appropriate risk assessment and implementing additional safeguards.

19. Third-party services and integrations

The Service may integrate with third-party services such as:

• WordPress;
• WooCommerce;
• e-mail and mailbox providers;
• messaging platforms;
• hosting providers;
• payment providers;
• AI model providers;
• file storage or security providers.

Third-party services are governed by their own terms, privacy policies, availability and technical requirements.

Nivella is not responsible for an interruption caused exclusively by a third-party provider outside Nivella’s reasonable control.

Changes made by a third-party provider may affect integration availability or require configuration changes.

You are responsible for maintaining the accounts, permissions and licences necessary to use connected third-party services.

20. Security

Nivella applies reasonable technical and organisational measures designed to protect the Service and processed data.

However, no internet-based system can guarantee absolute security, uninterrupted availability or complete protection against all threats.

You must maintain reasonable security on your own systems, including:

• strong passwords;
• current software versions;
• secure hosting;
• limited administrator access;
• protected API keys;
• secure mailbox credentials;
• appropriate backups;
• malware protection.

You must promptly report suspected security incidents affecting the Service to the contact address specified below.

21. Availability and maintenance

Nivella aims to maintain reliable Service availability but does not guarantee uninterrupted or error-free operation unless a separate written Service Level Agreement applies.

The Service may be temporarily unavailable due to:

• scheduled maintenance;
• emergency maintenance;
• security incidents;
• software updates;
• infrastructure failures;
• third-party provider failures;
• internet or telecommunications failures;
• events beyond Nivella’s reasonable control.

Where reasonably possible, Nivella will seek to minimise disruption and provide information about significant planned maintenance.

22. Support

Support scope and response priority may depend on the selected plan.

Support may include assistance with:

• activation;
• account connection;
• documented configuration;
• suspected software defects;
• billing and credit issues.

Support does not automatically include:

• custom development;
• repair of third-party plugins or themes;
• administration of the customer’s hosting;
• recovery from customer configuration errors;
• legal or compliance advice;
• migration services;
• training beyond the purchased scope.

Additional work may require a separate agreement or fee.

23. Suspension

Nivella may suspend access to all or part of the Service where reasonably necessary because of:

• overdue payment;
• a material breach of these Terms;
• suspected fraud or abuse;
• a security threat;
• unlawful activity;
• excessive use affecting other customers;
• a request from a competent authority;
• an immediate risk to users, systems or data.

Where appropriate, Nivella will provide notice and an opportunity to remedy the issue.

Immediate suspension may occur where delay could increase legal, security or operational risk.

24. Termination

You may cancel a subscription through the available account or billing tools or by contacting Nivella.

Nivella may terminate the agreement where:

• you materially or repeatedly breach these Terms;
• payment remains overdue;
• use of the Service creates a serious security or legal risk;
• continued provision is prohibited by law;
• a free or discontinued service is withdrawn following reasonable notice.

Following termination:

• access to the Service may end;
• API keys may be disabled;
• unused subscription functionality may no longer be available;
• Customer Content may be retained or deleted according to the Data Processing Agreement and retention policy;
• provisions intended to survive termination remain effective.

You should export any required data before termination or expiry where an export function is available.

25. Intellectual property

Nivella and its licensors retain all rights to:

• the Nivella brand and trademarks;
• the SaaS platform;
• proprietary source code;
• interfaces and designs;
• documentation;
• databases;
• algorithms;
• business methods;
• non-customer-specific improvements.

WordPress plugin components may be distributed under the licence stated in the plugin package, including applicable open-source licences.

No provision of these Terms transfers ownership of the Nivella SaaS platform or proprietary technology to you.

You may not use the Nivella name, logo or branding in a manner suggesting sponsorship, partnership or endorsement without written permission.

26. Feedback

You may provide suggestions, ideas or feedback concerning the Service.

You grant Nivella the right to use such feedback to improve and develop its products without an obligation to pay compensation, provided that Nivella does not publicly disclose your confidential information.

27. Confidentiality

Each party must protect confidential business, technical and commercial information received from the other party using reasonable care.

Confidential information does not include information that:

• is publicly available without breach of an obligation;
• was lawfully known before disclosure;
• was independently developed;
• was lawfully obtained from another source;
• must be disclosed under law or a binding order.

Where disclosure is legally required, the receiving party should provide notice where legally permitted.

28. Warranty and conformity

Nivella will provide the Service with reasonable professional care and in material accordance with its current description.

Because AI and third-party integrations are probabilistic and technically dependent on external systems, Nivella does not guarantee that every response, integration, automation or message will produce the expected result.

For business users, and to the maximum extent permitted by law, the Service is provided without implied warranties that are not expressly stated in these Terms or a separate agreement.

Nothing in these Terms excludes mandatory rights concerning conformity of digital services, remedies, updates or consumer protection.

29. Limitation of liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for intentional misconduct, personal injury or mandatory consumer rights.

For business users, Nivella is not liable for indirect or consequential loss, including:

• loss of profit;
• loss of expected savings;
• loss of business opportunities;
• reputational damage;
• loss caused by an unreviewed AI response;
• loss caused by customer configuration;
• failure of a third-party service;
• loss of data that the customer was responsible for backing up.

To the maximum extent permitted by law, Nivella’s aggregate liability arising from the Service during any twelve-month period is limited to the total net fees paid by the customer for the affected Service during the twelve months immediately preceding the event giving rise to liability.

The above limitations do not apply where mandatory law requires otherwise.

30. Business-user indemnification

This section applies only to business users to the extent permitted by law.

You are responsible for claims, costs and losses resulting from:

• unlawful Customer Content;
• unlawful marketing or communications;
• lack of required notices, permissions or legal basis;
• violation of third-party intellectual property rights;
• misuse of AI-generated outputs;
• use of the Service contrary to these Terms.

This provision does not apply to the extent that a claim was caused directly by Nivella’s breach of law or these Terms.

31. Consumer rights

The Service is intended primarily for professional and business use. However, where you qualify as a consumer or as an individual entrepreneur entitled to consumer protection, mandatory legal rights apply.

Where applicable, a consumer entering into a distance contract may have a statutory right to withdraw from the contract within 14 days without giving a reason.

If a consumer requests that provision of a paid service begin before the withdrawal period expires, the consumer may be required to pay a proportionate amount for the service supplied before withdrawal, where permitted by law.

Any loss or limitation of a statutory withdrawal right applies only where all legal conditions have been satisfied, including the consumer’s express prior request, consent or acknowledgment where required.

Instructions concerning withdrawal and the applicable withdrawal form should be provided during checkout or contract confirmation.

Nothing in these Terms limits mandatory consumer remedies concerning a digital service that is not in conformity with the agreement.

32. Complaints

Complaints concerning the Service, payments, subscriptions or credits may be submitted to:

[INSERT COMPLAINTS EMAIL]

A complaint should include, where possible:

• the account e-mail address;
• the website or site identifier concerned;
• a description of the issue;
• the date and circumstances of the issue;
• the expected resolution;
• relevant screenshots or technical information.

Nivella will respond within the period required by applicable law. Consumer complaints will be handled in accordance with mandatory consumer-protection rules.

Submitting a complaint does not prevent a customer from exercising other rights available under applicable law.

33. Changes to the Service

Nivella may update the Service to:

• improve functionality;
• correct defects;
• maintain compatibility;
• respond to security threats;
• comply with law;
• adapt to third-party changes;
• introduce new functionality;
• remove obsolete or unsafe functionality.

Updates may change the appearance, operation or technical requirements of the Service.

Nivella will not intentionally remove a material paid feature during an active subscription without a legitimate reason and appropriate notice or remedy where required by law.

34. Changes to these Terms

Nivella may update these Terms for legitimate reasons, including:

• changes in law or regulatory guidance;
• security requirements;
• introduction of new services;
• changes in payment or technical infrastructure;
• clarification of existing provisions;
• changes necessary to prevent abuse.

Material changes will be communicated in advance where reasonably possible or legally required.

Changes will not retroactively remove rights already acquired by a consumer.

If you do not accept a material change, you may stop using the Service and terminate the agreement before the change becomes effective where such a termination right applies.

35. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including:

• natural disasters;
• war or civil disturbance;
• major internet outages;
• telecommunications failures;
• power failures;
• governmental restrictions;
• labour disputes;
• large-scale cyberattacks;
• failure of critical third-party infrastructure.

This provision does not excuse payment obligations that arose before the force-majeure event.

36. Governing law and disputes

These Terms are governed by Polish law, subject to mandatory provisions protecting consumers.

For disputes between Nivella and a business user, the competent court is the court having jurisdiction over Nivella’s registered place of business, unless the parties agree otherwise or mandatory law provides otherwise.

Consumers may bring claims before the courts competent under applicable consumer-protection and procedural law.

The parties should first attempt to resolve disputes through direct communication.

Consumers may also use available out-of-court consumer dispute-resolution mechanisms where applicable.

37. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

The invalid provision should be replaced or interpreted, to the extent permitted by law, in a manner that most closely reflects its lawful commercial purpose.

38. No waiver

Failure to enforce a provision immediately does not constitute a waiver of the right to enforce it later.

39. Entire agreement

These Terms, together with the applicable order, plan description, Privacy and GDPR Information, Data Processing Agreement and any separately agreed Service Level Agreement, constitute the agreement governing use of the Service.

In the event of a conflict, the following order generally applies:

1. individually signed agreement or order;
2. Data Processing Agreement for personal-data matters;
3. applicable plan or checkout conditions;
4. these Terms;
5. general website information.

Mandatory law always prevails.

40. Contact

Questions concerning these Terms may be sent to:

Nivella
AKK Marketing Services Sp. z o.o.
Address: Jana Pawła II Ave 43A / 35B, 01-001 Warsaw, Poland
Email: hello@nivella.app
Website: https://nivella.app
VAT ID: PL5273153716