TERMS OF SERVICE

Niche Industries, LLC

Effective Date: January 1, 2023

Last Updated: February 25, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of all websites, applications, software, and digital services operated by Niche Industries, LLC ("Niche Industries," "Company," "we," "our," or "us"), including but not limited to:

  • Missiv – Bold Message Display
  • Ready4Comp
  • Handspring
  • Any current or future applications, platforms, software, AI systems, or digital services developed, owned, licensed, or operated by Niche Industries

By accessing or using our services, you enter into a legally binding agreement with Niche Industries.

If you do not agree to these Terms, you may not access or use the services.

2. Eligibility and Authority

You represent and warrant that:

  • You are at least 18 years old, or
  • You are a minor using the services under the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms
  • You have the authority to bind any organization or entity on whose behalf you use the services

If you are using the services on behalf of an organization, you agree that these Terms apply to both you and that organization.

3. License Grant

Subject to compliance with these Terms, Niche Industries grants you a limited, non-exclusive, non-transferable, revocable license to access and use the services solely for their intended purposes.

You may not:

  • Reverse engineer or decompile
  • Modify or create derivative works
  • Resell or sublicense
  • Scrape or extract data
  • Circumvent security features
  • Use the services to build a competing product

All rights not expressly granted are reserved by Niche Industries.

4. Artificial Intelligence and Automated Processing

Certain services may incorporate artificial intelligence ("AI"), machine learning, or automated decision-making tools.

You acknowledge and agree:

  • AI-generated outputs may contain inaccuracies
  • Outputs are provided "as is"
  • You are responsible for reviewing and verifying all outputs
  • AI features are assistive tools and not professional advice

Niche Industries does not use your personal data for training third-party AI systems.

5. User Content

You retain ownership of content you upload or generate ("User Content").

You grant Niche Industries a worldwide, non-exclusive, royalty-free, sublicensable license to:

  • Host
  • Store
  • Process
  • Display
  • Reproduce
  • Modify (for formatting or technical purposes)

Such license is solely for the operation, improvement, and security of the services.

You represent that you have all rights necessary to upload User Content.

We may remove or disable content that violates these Terms.

6. Payments, Subscriptions & Fees

Certain services may require payment.

By subscribing or purchasing:

  • You authorize recurring billing if applicable
  • You agree to pay all applicable taxes and fees
  • Fees are non-refundable unless required by law

We may modify pricing with reasonable notice.

Failure to pay may result in suspension or termination.

7. Intellectual Property

All software, trademarks, service marks, branding, algorithms, AI systems, designs, and proprietary technology are owned exclusively by Niche Industries.

Nothing in these Terms transfers ownership of intellectual property.

Unauthorized use may result in civil and criminal penalties.

8. Acceptable Use

You agree not to:

  • Violate any law
  • Infringe intellectual property rights
  • Harass or harm others
  • Introduce malware
  • Attempt unauthorized system access
  • Interfere with service integrity
  • Use automated scraping tools
  • Misrepresent affiliation

We may investigate and take legal action for violations.

9. Health & Medical Disclaimer

While certain services may be used by athletes or sports organizations:

  • Niche Industries does not collect or store protected health information (PHI).
  • Services are not medical tools.
  • No medical advice is provided.

Users assume full responsibility for medical decisions.

10. Privacy

Use of the services is governed by our Privacy Policy available at:

nicheindustries.net/privacy

By using our services, you consent to our data practices.

11. Termination

We may suspend or terminate access:

  • For breach of Terms
  • For unlawful activity
  • For non-payment
  • To protect system security

Termination does not waive accrued rights or obligations.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF AI OUTPUTS
  • UNINTERRUPTED ACCESS

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NICHE INDUSTRIES SHALL NOT BE LIABLE FOR:

  • INDIRECT DAMAGES
  • CONSEQUENTIAL DAMAGES
  • LOST PROFITS
  • DATA LOSS
  • BUSINESS INTERRUPTION
  • REPUTATIONAL HARM

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • $500 USD

OR

  • THE AMOUNT YOU PAID IN THE PRIOR 12 MONTHS

14. Indemnification

You agree to indemnify and hold harmless Niche Industries and its officers, employees, affiliates, and agents from claims arising from:

  • Your use of the services
  • Your User Content
  • Violation of these Terms
  • Violation of law
  • Infringement of third-party rights

15. BINDING ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY.

A. Agreement to Arbitrate

You and Niche Industries agree that any dispute arising out of or relating to these Terms or the services shall be resolved exclusively through binding arbitration, except as otherwise stated below.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

B. Arbitration Location

Arbitration shall take place in Maryland, unless otherwise agreed.

C. Individual Proceedings Only

You and Niche Industries agree that arbitration will be conducted solely on an individual basis.

Class actions, collective actions, and representative actions are prohibited.

16. CLASS ACTION WAIVER

YOU AND NICHE INDUSTRIES AGREE THAT:

  • ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY
  • YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION
  • YOU WAIVE ANY RIGHT TO CLASS ARBITRATION

If this waiver is found unenforceable, the arbitration agreement shall be void.

17. Jury Trial Waiver

To the extent any dispute proceeds in court, you and Niche Industries waive the right to a jury trial.

18. Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to conflict of law principles.

19. Assignment

Niche Industries may assign these Terms in connection with:

  • Merger
  • Acquisition
  • Asset sale
  • Corporate restructuring

You may not assign your rights without written consent.

20. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including:

  • Natural disasters
  • Cyberattacks
  • Government actions
  • Infrastructure failures

21. Export Compliance

You agree not to use the services in violation of U.S. export control laws.

22. Severability

If any provision is held invalid, the remainder shall remain enforceable.

23. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and Niche Industries.

24. Contact Information

Niche Industries, LLC
15416 Finchingfield Way
Upper Marlboro, MD 20774
United States

Email: info@nicheindustries.net

Website: nicheindustries.net