Terms of Service (2026-08-01)

Effective date: 1 August 2026

Provider: Nibit AI, a sole proprietorship (eenmanszaak) registered in the Netherlands, with its business address at Staten Bolwerk 54, 2011 MN Haarlem, Netherlands.

A sole proprietorship is not a separate legal person, so "Nibit" in these Terms means the individual who owns the business and trades under that name, and your contract is with that individual rather than with a company. To completedecide whether to name the owner here. For an eenmanszaak the provider under the EU e-commerce transparency rules, and the counterparty to this contract, is the natural person, so the name would normally appear.

Chamber of Commerce (KVK): 42135507
Establishment number: 000066399580
VAT identification number (BTW-id): To completeBTW-id
Telephone: +31 6 23033951
Legal contact: legal@nibit.ai

1. Agreement

These Terms of Service ("Terms") are a contract between you and Nibit ("Nibit", "we", "us") covering Nibit's applications, desktop builds, websites, notebook and learning tools, AI features, collaboration and chat features, storage, sync, support channels, and related services (the "Services").

By creating an account, installing a build, or using the Services, you accept these Terms. If you do not accept them, do not use the Services.

Three documents are incorporated into these Terms by reference and form part of your agreement with us:

the Acceptable Use Policy, described in section 9;
the Copyright and DMCA Policy, described in section 13; and
the Privacy Policy, which describes how we handle personal information rather than creating contractual obligations to us.

We record which version of these Terms you accepted, the date you accepted it, and the IP address the acceptance came from. Each published version stays available at its own permanent URL, so the version you accepted remains readable: see section 18.

2. Who may use the Services

You may use the Services only if you are at least 13 years old and are not barred from doing so under applicable law or sanctions. Signup asks for your date of birth and the country you are signing up from, and we record both with your account, along with the minimum age we applied to it.

If you are under the age of majority where you live, you may use the Services only to the extent a parent or legal guardian may lawfully consent on your behalf. Buying a paid subscription is a separate question, and section 8.2 answers it: the person who pays has to be 18 or over.

The Services are offered in the European Union, the United States, and India, and the minimum age to hold an account is 13 in all three. We do not verify age or country beyond what you tell us at signup.

Three different rules about young users apply across those markets, and 13 is a floor common to all of them rather than the whole answer. India treats everyone under 18 as a child, and the EU sets the age for consenting to an online service at 16 in the Netherlands. Neither raises the age at which you may hold an account; both change what we may do with a young user's information, which Privacy Policy section 14 sets out. A parent or legal guardian who wants a minor's account reviewed, corrected, or deleted can write to privacy@nibit.ai and we will act on it. Privacy Policy section 14 explains how we treat information about users under 18.

If you use the Services on behalf of an organisation, you confirm you are authorised to bind that organisation, and "you" includes it.

3. Accounts

You are responsible for:

providing accurate account information and keeping it current;
keeping your password, devices, and session tokens secure;
all activity under your account, whether or not you authorised it; and
notifying us promptly at security@nibit.ai if you suspect unauthorised access.

You may not share an account, sell or transfer an account, or create an account using another person's identity. We may refuse, reclaim, or rename an account or username where reasonably necessary to prevent impersonation, abuse, or infringement.

4. The Services

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services and to install and run the Nibit desktop and mobile builds on devices you control, solely as permitted by these Terms.

The Services are under active development. Features may change, be added, be limited, or be removed. Some features are labelled as beta, preview, or experimental; those are provided as-is, may be unstable, and may be withdrawn without notice.

Offline use, local storage, and sync are subject to the capabilities of your device and network. You remain responsible for keeping your own copies of anything you cannot afford to lose. Export is available in the Services; use it.

We make no uptime commitment, and no service-level agreement applies to any plan, paid or free. We aim to keep the Services running and to give advance notice of planned maintenance where we reasonably can, but section 15 is the position we are contractually taking on availability.

5. Your content

5.1 Ownership

You keep all rights you already have in the notes, documents, images, recordings, drawings, messages, imports, and other material you create, upload, or submit ("Your Content"). We do not claim ownership of Your Content.

5.2 The licence you give us

You grant Nibit a worldwide, non-exclusive, royalty-free licence to host, store, copy, cache, transmit, index, encode, reformat, create derived technical representations of (such as thumbnails, extracted text, search indexes, and embeddings), display, and distribute Your Content - solely to the extent needed to:

operate, secure, and maintain the Services;
perform the actions you request, including AI actions under section 6;
deliver Your Content to the people you share it with under section 7; and
comply with law and enforce our agreements.

This licence ends when Your Content is deleted from the Services, except for the residual copies described in the Privacy Policy - content another user lawfully retained, records we must keep, de-identified data, and backups awaiting scheduled overwrite.

This licence does not permit us to use Your Content to train general-purpose AI models. See section 6.

5.3 What you promise about Your Content

You confirm that you hold the rights necessary to submit Your Content and to grant the licence above, and that Your Content and your use of it do not violate law, third-party rights, or the Acceptable Use Policy.

Do not submit material that requires protections the Services do not provide. The Services are a general-purpose notebook, not a system of record for regulated data. Unless we have agreed otherwise in writing, do not store payment-card data, government identity documents, authentication secrets for other systems, protected health information held on behalf of a covered entity, or records subject to specific regulatory custody requirements.

5.4 Content we may remove

We may remove, restrict, or disable access to content that we reasonably believe violates these Terms, the Acceptable Use Policy, or law, or that exposes Nibit or others to liability or harm. Where practicable and lawful, we will tell you what was actioned and why, and you may appeal under section 10.

6. AI features

AI features send the content relevant to your request - your prompt, and the text, files, images, audio, notes, or conversation context the feature needs - to Nibit's AI provider, which processes it and returns a result. The provider, what it does for each feature, and its own privacy policy are set out in the Subprocessors list.

You should understand the following before relying on AI output:

Output can be wrong. Summaries, answers, transcriptions, flashcards, quizzes, and generated study material may be inaccurate, incomplete, outdated, or fabricated. Verify anything that matters.
Output is not advice. Nothing generated by the Services is legal, medical, financial, academic, or professional advice.
Output is not unique. Other users may receive similar or identical output from similar requests. We make no representation that output is original or that you own it. Your rights in output depend on applicable law and on the provider terms referenced in the Subprocessors list.
You are responsible for how you use it. Including under any academic-integrity rules that apply to you. Submitting generated work as your own may breach your institution's rules; that is between you and your institution.

Training. We do not use Your Content to train Nibit's own models, and our AI provider does not use it to train or improve its general-purpose models. Nibit uses OpenAI's API under the OpenAI Services Agreement, whose terms exclude content submitted through the API from model training by default, as OpenAI's data controls documentation sets out. OpenAI may retain a copy of a request and its output for up to 30 days for abuse monitoring, and deletes it after that; the Subprocessors list records this. We state the 30 days rather than claiming nothing is ever retained, because the second claim would not be true.

Usage of AI features is metered and subject to quotas and rate limits that may change.

Sharing, groups, chat, and collaboration features disclose Your Content and relevant profile information to the people you select. You choose what to share and with whom.

Understand the consequences:

people you share with may read, copy, export, screenshot, or retain what you shared, and we cannot retract those copies;
a link-based share is accessible to anyone who holds the link, for as long as the link is active;
removing access stops future access; it does not unmake copies already taken; and
content you send in chat remains visible to its recipients according to the feature's own controls.

You are responsible for the content you share and for having the right to share it. Do not use sharing features to distribute other people's personal information without a lawful basis.

8. Subscriptions, billing, and trials

Nibit has a free plan and paid plans. Prices, billing periods, and included quotas are the ones shown at the point of purchase.

Who may buy. The person who pays has to be 18 or over. If the account holder is under 18, a parent or legal guardian buys the subscription and becomes our customer for it. Section 8.2 and the Parental and Guardian Consent document set out how that works.
Currency and tax. Paid plans are priced in US dollars. If you are a consumer in the EU, the price we show you is the total price including VAT at the rate of the country you live in, with the VAT amount itemised before you confirm and again on your receipt - you will not meet a tax line at checkout that was not in the price you were quoted. Business customers who give us a valid VAT identification number are invoiced under the reverse-charge rules where those rules apply. Outside the EU, tax is added where we are required to collect it and is shown to you before you confirm.
Renewal. A subscription renews automatically for the same period, at the then-current price, until you cancel. We email a receipt for every charge.
Cancelling. Cancel at any time in account settings - no email required and no retention flow to sit through. Cancellation takes effect at the end of the period you have already paid for. You keep the paid features until then and are not charged again.
Refunds. If you cancel within 14 days of your first payment on a plan, write to legal@nibit.ai and we will refund that payment. After that, payments already taken are not refunded, except where the law where you live requires it. This is a contractual promise we make to everyone. If you are a consumer in the EU or the EEA you also have a separate statutory right to withdraw, which section 8.1 sets out and which this bullet does not replace or reduce.
Free trials. Where we offer a trial we tell you its length and the price it converts to before it starts, email you before it converts, and let you cancel from account settings at any point during it. Cancel before it ends and you are not charged.
Price changes. We give at least 30 days' notice by email before a price change reaches you, and it applies only from your next renewal. If you do not want the new price, cancel before it takes effect.
AI credits. Monthly AI credits reset at the start of each billing period. They do not carry over, have no cash value, and are not refundable.
Downgrades. If you move to a plan with a lower storage limit, nothing is deleted. Content above the new limit stays readable and exportable; you cannot add more until you are back under the limit.
Failed payments. If a payment fails we may retry it and will tell you. If it stays unpaid, we may suspend the subscription and move the account to the free plan.
Payment processing. Payment is taken by our payment provider under its own terms. We do not receive or store your full card details. The provider is named in the Subprocessors list from the day it first processes a payment.

8.1 Right of withdrawal - consumers in the EU and EEA

If you are a consumer resident in the EU or the EEA, you have 14 days from the day you enter into a paid subscription to withdraw from it without giving any reason and without penalty. This right comes from the Consumer Rights Directive as implemented in Dutch law, and it sits alongside the refund promise in section 8, whichever is better for you.

How to withdraw. Email legal@nibit.ai with "Withdrawal" in the subject line, or write to the postal address in section 21, before the 14 days are up. Any clear statement that you are withdrawing is enough. You may use the form below, but you do not have to, and we will not ask you to justify the decision.

Model withdrawal form. To Nibit AI, Staten Bolwerk 54, 2011 MN Haarlem, Netherlands, legal@nibit.ai: I hereby give notice that I withdraw from my contract for the supply of the following service: ______. Ordered on: ______. Name: ______. Address: ______. Date: ______.

What we do. We acknowledge your withdrawal on receipt and refund all payments we received from you within 14 days of being told, using the same means of payment you used, at no charge to you.

Starting before the 14 days are up. A subscription would be worth little if it did not work until the withdrawal period had run out, so we start it immediately. Because of that, the payment page asks for one express acceptance before you can pay, presented in its own words next to the payment button, covering two statements:

that you ask us to begin supplying the paid features straight away, during the withdrawal period; and
that you understand what that means for this right - for a digital service, that you will pay a proportionate amount for what you actually used if you withdraw partway through, and for digital content supplied immediately, that you lose the right of withdrawal once supply has begun.

We record that acceptance against your account with its date and the version of the wording you saw. If we have not obtained it from you, the full 14-day right survives untouched and you get the whole payment back.

[TO COMPLETE: counsel - payment is taken by Stripe acting as merchant of record, which may make Stripe the seller for the purposes of the withdrawal right. Confirm which party owes the section 8.1 obligations and adjust this section if it is not Nibit.]

Trials. A free trial costs nothing, so there is nothing to withdraw from and nothing to refund. The 14 days run from the day the trial converts into a paid subscription, not from the day the trial started.

8.2 Who may buy a subscription

A Nibit account is open to anyone aged 13 or over, but buying a subscription means entering a contract, and the age at which a person can do that is higher. The person who pays has to be 18 years of age or over.

If the account holder is under 18, a parent or legal guardian buys the subscription instead. They become our customer for it: the party we contract with, the person we charge, and the person holding the cancellation and withdrawal rights in section 8 and section 8.1. The account holder stays the account holder, and their content stays theirs.

We collect the parent or guardian's confirmations on the payment page rather than inside the app, because completing a payment takes an adult's payment method and signing in to the app does not. What they confirm, what we record, and what they can ask us to do afterwards are set out in the Parental and Guardian Consent document, which forms part of these Terms for any subscription bought that way.

We do not verify identity, age, or the relationship between a payer and an account holder. If a subscription was bought on your payment method without your permission, write to legal@nibit.ai with "Unauthorised purchase" in the subject line. We will cancel it and refund the payments we received.

The age of majority is 18 in the Netherlands and across the EU, 18 in most of the United States and higher in a few states, and 18 in India, where a contract with a minor is void from the outset rather than merely voidable. Requiring an adult purchaser answers all three at once, without asking you which one applies to you.

9. Acceptable use

Your use of the Services is governed by the Acceptable Use Policy, which forms part of these Terms. It sets out prohibited content and conduct, the rules for security research and vulnerability disclosure, limits on automated access, how we enforce, and how to report a violation or appeal a decision.

In summary, and without limiting that policy, you may not use the Services to break the law, harm or harass people, infringe rights, distribute malware, attack or overload our infrastructure, circumvent quotas or access controls, scrape or resell the Services, or misuse AI features to generate prohibited material.

10. Suspension, termination, and appeals

By you. You may stop using the Services at any time and delete your account from account settings. Deletion currently has a 24-hour cancellation window before eligible account data is purged.

By us. We may suspend or terminate your access, restrict features, or remove content if:

you materially breach these Terms or the Acceptable Use Policy;
your use creates a legal, security, or safety risk to Nibit, other users, or third parties;
we are required to act by law or valid legal process; or
we discontinue the Services or a part of them.

Where practicable and lawful, we will give you notice, state the reason, and act proportionately - a targeted removal or feature restriction before a full suspension, and a suspension before a permanent termination. We may act immediately and without prior notice where the risk is serious, including illegal content, active abuse, credible security threats, or a legal requirement.

Appeals. If you believe an enforcement decision about your account or content was wrong, you may appeal. Appeals are reviewed by a person, not solely by an automated process, and we will tell you the outcome. Submit an appeal to legal@nibit.ai with "Appeal" in the subject line. The same process, including the window for appealing and how long we take to respond, is described in Acceptable Use Policy section 7.

On termination. Your licence to use the Services ends. Export Your Content before terminating; after termination we are not obliged to retain or return it, and retention follows the Privacy Policy. Sections 5.2 (as to residual copies), 11, 12, and 15 to 20 survive.

11. Feedback

If you send us ideas, suggestions, bug reports, or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation. We will not treat feedback as confidential unless we agree otherwise in writing. Do not send us anything you are not free to give away.

12. Nibit's intellectual property

The Services, including the software, interfaces, designs, text, graphics, the Nibit name and logo, and all related intellectual property, belong to Nibit or its licensors. Nothing in these Terms transfers those rights to you.

You may not:

copy, modify, translate, or create derivative works of the Services, except as permitted by an applicable open-source licence;
reverse engineer, decompile, or disassemble the Services, except to the extent that right cannot lawfully be excluded;
remove or obscure proprietary notices;
use the Nibit name, logo, or branding without our written permission, other than nominative reference; or
resell, sublicense, or provide the Services to third parties as your own offering.

Components of the Nibit desktop application are distributed under open-source licences. Those licences govern those components and, where they conflict with this section, they prevail. See Open Source Licences.

13. Copyright complaints

We respond to notices of claimed copyright infringement. The full process - our designated agent's details, what a valid notice must contain, how to file a counter-notification, our repeat-infringer policy, and how we handle complaints made outside the United States - is set out in the Copyright and DMCA Policy.

We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers.

14. Third-party services

The Services may link to, import from, or interoperate with services we do not control - including web pages and YouTube links you ask us to import, and any third-party service you connect. Those services are governed by their own terms and privacy policies. We are not responsible for them, their content, or their availability, and importing material does not mean you have the right to use it.

15. Disclaimers

To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. We specifically disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that content or AI output will be accurate, complete, or fit for your purpose; that defects will be corrected; or that content will not be lost. Sync, offline behaviour, and storage depend on systems outside our control.

Some jurisdictions do not allow the exclusion of certain warranties. In those places, this section applies only to the extent permitted, and nothing here limits rights you have as a consumer that cannot lawfully be waived.

16. Limitation of liability

To the fullest extent permitted by law:

neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or content, however caused and on any theory of liability, even if advised of the possibility; and
Nibit's total aggregate liability arising out of or relating to the Services or these Terms is limited to the greater of the amounts you paid us for the Services in the twelve months before the event giving rise to the claim, or USD 100.

These limits do not apply to liability that cannot lawfully be limited, including, where applicable, death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any other liability that applicable consumer law prevents us from excluding.

If you are a consumer in the EU, the EEA, the UK, India, or another jurisdiction with mandatory consumer protections, nothing in sections 15 or 16 reduces your statutory rights. Dutch law is now the governing law, and it does not let us exclude or limit liability towards a consumer in the ways its own unfair-terms provisions prohibit. Where any part of sections 15 or 16 would go further than that against a consumer, it does not apply to you.

17. Indemnity

To the extent permitted by law, and except where you are a consumer whose statutory rights this would infringe, you will defend and indemnify Nibit against third-party claims, damages, liabilities, and reasonable costs arising from Your Content, your use of the Services in breach of these Terms or the Acceptable Use Policy, or your violation of law or third-party rights.

This section applies in full to organisations and to individuals using the Services for business purposes. If you are a consumer, it applies only so far as consumer law where you live allows an indemnity to be imposed on you - and where that law does not allow it, this section does not bind you.

18. Changes to the Services and these Terms

We may modify these Terms. When we do, we will update the effective date and, for material changes, give reasonable advance notice - by in-product notice, email, or another method appropriate to the change - before it takes effect. Where applicable law requires your consent to a change, we will ask for it.

Continuing to use the Services after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Services and delete your account.

Each published version has a permanent, dated URL, so the version recorded against your account stays readable - for example, /legal/terms/2026-08-01. We will not repoint or rename an existing version URL.

19. Governing law and disputes

Governing law. These Terms, and any dispute arising out of them or out of the Services, are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

That choice has a limit we would rather state than leave you to find. Under the Rome I Regulation, choosing Dutch law cannot deprive a consumer of the protection of the mandatory rules of the country they live in. So if the consumer law of your own country gives you something Dutch law does not, you keep it, and this clause does not take it away.

Talk to us first. Most problems are settled faster by email than by filing. Before either of us starts formal proceedings, write to legal@nibit.ai setting out the dispute and what you want done about it, and we will do the same for you. If it is not resolved within 30 days of that notice, either of us may proceed.

Where claims are brought. Subject to the carve-outs below, you and Nibit submit to the exclusive jurisdiction of the Rechtbank Noord-Holland, sitting in Haarlem, the Netherlands, and each of us waives any objection to that venue.

Small claims. Either of us may instead bring an individual claim in any small-claims court that has jurisdiction over it. In the Netherlands that is the kantonrechter. If you live in another EU country and the claim is cross-border and worth EUR 5,000 or less, the European Small Claims Procedure is open to you and is designed to be used without a lawyer.

Consumers in the EU and EEA. If you are a consumer resident in the EU or the EEA, the Brussels I bis Regulation lets you bring proceedings against us either in the Dutch courts or in the courts for the place where you live, and it lets us bring proceedings against you only in the courts for the place where you live. Nothing in this section changes that, and the venue clause above does not apply to you except to the extent that Regulation allows.

Alternative dispute resolution. If we cannot settle a dispute between us directly, a consumer may be able to refer it to an alternative dispute resolution body in their own country. We are not currently affiliated with a particular ADR scheme and are not obliged to use one, but we will engage in good faith with a competent body that takes up a complaint about us. The European Commission's online dispute resolution platform is not an option here: it ceased operating on 20 July 2025.

Consumers in India. If you are a consumer resident in India, nothing in this section deprives you of the protection of Indian consumer law or of your right to bring proceedings before the consumer commission or court for the place where you live. Where a mandatory right under Indian law conflicts with this section, that right prevails.

Consumers elsewhere. More generally, where the law of your country of residence gives consumers a right to their home courts or home law that cannot be contracted away, this section does not take it away.

No arbitration. We do not require arbitration. There is no class-action waiver and no jury-trial waiver in these Terms.

Time limit. Any claim arising out of these Terms or the Services must be brought within one year of the date it arose, except where applicable law does not permit that limit. This shortened period does not apply to consumers: if you are a consumer, the ordinary limitation period under the law that applies to you governs, which under Dutch law is five years.

20. General

Entire agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and us about the Services, and supersede earlier agreements on the same subject.
Severability. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them, with the rights and obligations in them, in connection with a sale or transfer of the business, or on the business being incorporated into a company. Nibit is currently a sole proprietorship, and incorporating it would be a transfer of exactly that kind; if that happens we will tell you who your contract is with before it takes effect.
No third-party beneficiaries. These Terms create rights only between you and us.
Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.
Notices. We may give notice through the Services, by email to your account address, or on this website. Send notices to us at the contact below.
Language. These Terms are drafted in English. Where we provide a translation, the English version governs unless applicable law provides otherwise.

21. Contact

General and legal notices: legal@nibit.ai
Postal address: Nibit AI, Staten Bolwerk 54, 2011 MN Haarlem, Netherlands
Telephone: +31 6 23033951
Privacy: privacy@nibit.ai
Security: security@nibit.ai
Copyright: legal@nibit.ai - see Copyright and DMCA for what a notice must contain
Report a violation: legal@nibit.ai, with "Report" in the subject line
Appeal a decision: legal@nibit.ai, with "Appeal" in the subject line