Terms of Service

Terms of Service

Effective date: 7 September 2026 · Version: 1.2

Also: Privacy Notice · Contact & legal notices · Delete account

1. Agreement to these terms

By creating an account or using nicheAce, you agree to these Terms of Service and to our Privacy Notice. If you do not agree, you must not use the service.

These terms form a binding contract between you and Moelsen Operations Ltd (a company registered in the United Kingdom, company no. 17336104) ("nicheAce", "we", "us").

If you are using nicheAce on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to both you and that organisation.

2. The service

nicheAce is an AI-guided, multi-language learning service. It delivers a personalised learning programme, generates feedback on your language responses through an AI model, and awards in-app credits based on your activity. We may change, suspend, or discontinue features of the service, and we will give you reasonable notice of significant adverse changes (Section 16).

3. Eligibility and your account

• Age. You must be at least 16 years old to use nicheAce. We verify your age during onboarding.
• Account security. You are responsible for keeping your account credentials secure and for all activity under your account. Tell us promptly at dominik.moelsen@nicheace.ai if you suspect unauthorised use.
• Accuracy. You agree to provide accurate information when required (for example, for age verification) and to keep it up to date.
• One account per person. You may not create multiple accounts to circumvent limits, rewards, or restrictions.

4. Subscriptions, payments, and credits

How you pay. In the EU, paid features are purchased only through Apple App Store (in-app purchase) or Google Play. We do not collect or store any payment-card information — all payment processing is handled by Apple/Google under their own terms.

Subscriptions. Paid subscriptions renew automatically through your Apple/Google account at the price and term shown at purchase (the store shows the price in your local currency) unless you cancel before the renewal date. You can cancel at any time in your Apple/Google account settings; cancellation stops future renewals but does not refund the current paid period.

Refunds. Refunds for subscriptions are handled by Apple/Google according to their store refund policies, not by us. We may grant service-level adjustments at our discretion where permitted.

Credit packs. You may purchase non-redeemable in-app credits. Credits:

• are a virtual, non-cash balance with no monetary value outside nicheAce;
• are granted for use within the service and are not transferable or redeemable for cash;
• may expire, be adjusted, or be voided where we detect they were obtained through fraud, abuse, cheating, or a breach of these terms (Section 7).

Pricing. Prices are shown in the app at the point of purchase and may change for future periods; we will show the applicable price before any charge.

Auto-renewal disclosure (EU consumer law). By subscribing you acknowledge that the subscription renews automatically until cancelled, that you will be charged through Apple/Google at the then-current price for each renewal period, and that you can manage or cancel the subscription at any time via your Apple/Google account.

5. Your content and the licence you grant us

You own your content. "Content" means the responses, conversations, and other material you submit in the app. You retain all of your rights in your Content.

Licence to provide the service. You grant us a worldwide, royalty-free licence to use, process, and store your Content solely to operate, secure, and improve the service for you (including generating AI feedback), for the duration of your account. This licence is limited to running the service and is not a transfer of ownership.

AI training — separate consent. We will not use your Content to train our AI models unless you have separately opted in to AI-training through the app's consent settings. That consent is voluntary, can be withdrawn at any time (prospectively), and is governed by our Privacy Notice.

6. Acceptable use

You agree not to:

• cheat, game, or abuse the rewards, scoring, or credit systems, including by using automation, bots, scripts, or multiple accounts;
• misuse the AI features (for example, to generate unlawful, infringing, abusive, or harmful content);
• attempt to access, reverse-engineer, scrape, or overload the service, or interfere with its security;
• transmit malware, or collect other users' data;
• use the service for any unlawful purpose or in a way that breaches applicable law or third-party rights.

We may use automated and manual measures (including behavioural analysis) to detect and prevent abuse. Misuse may result in suspension, termination, and/or voiding of credits (Sections 7 and 15).

7. Credits and rewards integrity

Credits and rewards are intended to reflect genuine learning activity. We may adjust, suspend, or revoke credits, rewards, or leaderboard standing where we reasonably believe they were obtained through fraud, automation, a breach of these terms, or a technical error. Credits have no cash value and are non-transferable (Section 4).

8. AI-generated content

nicheAce uses an AI model to generate feedback, corrections, exercises, and other content. AI output may be incorrect or incomplete. You should not rely on it for professional advice, and you remain responsible for your own use of what you learn. We provide the service on an "as-is" basis (Section 11).

9. Intellectual property

We (or our licensors) own all rights in the nicheAce service, including its software, design, generated learning materials, branding, and trademarks. These terms grant you only a limited, personal, non-exclusive, non-transferable licence to use the service for your own learning, in line with these terms. Nothing here transfers any nicheAce intellectual property to you.

10. Third-party services

The service relies on third parties, including Apple and Google (for purchases and the device platform), OVHcloud (hosting and AI), Auth0 (login), and Cloudflare (abuse protection). Your use is also subject to those providers' terms and policies. We are not responsible for the acts or omissions of these third parties beyond what is required by applicable law.

11. Disclaimers

To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or as to the accuracy, reliability, or availability of the service or AI output. We do not warrant that the service will be uninterrupted or error-free.

12. Limitation of liability

To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, or consequential damages, or for loss of profits, data, or goodwill, arising out of these terms or the service.

Our total aggregate liability for all claims arising out of or relating to these terms or the service is limited to the amount you have paid us through the service in the twelve (12) months before the claim (or, if higher, the minimum amount required to be payable under mandatory law).

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or breach of statutory obligations — and, for consumers, nothing reduces the statutory rights you have under EU/UK consumer-protection law.

13. Indemnity

You agree to indemnify and hold us harmless from claims, damages, and reasonable expenses arising out of your breach of these terms, your misuse of the service, or your violation of law or third-party rights — to the extent permitted by applicable law and without affecting any non-derogable consumer rights you may have.

14. Term and termination

These terms run from when you start using the service and continue while you use it. You may stop using the service and delete your account at any time in Settings → Privacy (account deletion).

We may suspend or terminate your access if you breach these terms (Section 15). On termination, your right to use the service ends, your licence (Sections 5 and 9) ends, and we will delete your data in line with our Privacy Notice. Provisions that by their nature should survive (including Sections 7, 9, 11, 12, 13, 17, and 20) will remain in effect.

15. Suspension

We may suspend access immediately where we reasonably suspect fraud, non-payment, abuse of the reward system, a breach of Section 6, or a risk to the security or integrity of the service. Where we suspend for other reasons, we will give you notice and an opportunity to remedy where practicable and lawful.

16. Changes to these terms

We may update these terms. We will change the Effective date above. Where a change is material and adverse, we will notify you in the app before it takes effect; continued use after the effective date means you accept the updated terms. Changes required by law take effect as stated. The current version is always at https://nicheace.eu/legal/terms/.

17. Governing law, disputes, and EU consumer rights

• Governing law. These terms and any non-contractual obligations arising from them are governed by the laws of the Federal Republic of Germany, without regard to conflict-of-laws rules (the UN Convention on Contracts for the International Sale of Goods does not apply).
• Consumer protection. If you are a consumer habitually resident in an EU/EEA Member State or the UK, you remain entitled to the protection of the mandatory consumer-protection laws of your country of habitual residence, and nothing in these terms deprives you of those rights.
• Disputes. We will try to resolve any dispute with you informally first — contact dominik.moelsen@nicheace.ai. Consumers may use the European Union Online Dispute Resolution platform at ec.europa.eu/consumers/odr for disputes over online purchases.
• Jurisdiction. For consumers, any dispute may be brought in the courts with jurisdiction under applicable law (typically your place of habitual residence); nothing here prevents us from bringing a claim in your local court where permitted.

18. Right of withdrawal (EU digital content)

Under EU/UK consumer law you may have a 14-day right of withdrawal for distance contracts. However, for digital content delivered online (such as subscriptions and credit packs), you consent to delivery beginning immediately during the withdrawal period and you acknowledge that — once delivery/streaming has started with your express consent — the right of withdrawal is lost to the extent permitted by Directive 2011/83/EU and local implementing law.

In practice, because purchases are made through Apple App Store or Google Play, refund and cancellation requests are administered by Apple/Google under their store policies (Section 4).

19. Additional terms for users in the United States

This section applies if you use nicheAce from the United States, in addition to the rest of these terms. Where it differs from Section 17 or Section 18, this section governs for you.

Automatic renewal — please read this before you subscribe.

• What renews. A paid subscription renews automatically for the same period — monthly or annual, as shown at purchase — at the price shown at purchase, and keeps renewing until you cancel.
• When you are charged. Google charges the payment method on your Google account at the start of each renewal period.
• Free trials. Where a free trial is offered, it converts into a paid subscription at the end of the trial unless you cancel before it ends. The length of the trial, the price afterwards, and the billing period are all shown before you confirm.
• How to cancel. Cancel at any time in the Google Play Store — Menu → Subscriptions → nicheAce → Cancel subscription — or at play.google.com/store/account/subscriptions. Cancel at least 24 hours before the renewal date. Cancelling stops future charges; it does not refund a period already paid for, and you keep access until the end of the period you have paid for.
• Where the terms are shown. Google Play shows the price, the renewal period, and how to cancel before you confirm, and sends you a confirmation afterwards. We never handle your card details and cannot charge you outside the store.

Refunds. Refunds are administered by Google under the Google Play refund policy (Section 4). Nothing in these terms limits a refund or cancellation right you have under the law of your state.

Your state consumer rights. If you are a consumer, nothing in these terms takes away the mandatory consumer protections of the state where you live, and the choice of German law in Section 17 does not change that. The European Union Online Dispute Resolution platform, and the EU right of withdrawal described in Section 18, are creatures of EU and UK law and do not apply to you; the cancellation and refund routes above are what apply instead.

Disputes. We will always try to resolve a dispute informally first — write to dominik.moelsen@nicheace.ai and we will respond. If that does not settle it, a consumer may bring a claim in the courts having jurisdiction where they live.

Your privacy. We do not sell or share your personal information. Your rights under US state privacy laws, and how to use them, are in Section 13 of the Privacy Notice.

Age. You must be at least 16 to use nicheAce (Section 3), which is above the 13-year threshold of the Children's Online Privacy Protection Act.

20. Contact us

• Support: dominik.moelsen@nicheace.ai
• Privacy / legal: dominik.moelsen@nicheace.ai
• Full legal contacts and postal address: see our Contact page

21. Definitions

• "Content" means material you submit in the app (responses, conversations, etc.).
• "Consumer" means a natural person using the service for purposes outside their trade, business, or profession.
• "Credits" means the non-cash virtual balance described in Section 4.
• "We / us / nicheAce" means Moelsen Operations Ltd (a company registered in the United Kingdom, company no. 17336104).
• "You" means the user of the service (and, if applicable, the organisation they represent).