Terms of Service

Last Updated: December 20, 2024


1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NicheFlow ("Company," "we," "us," or "our") governing your access to and use of the NicheFlow platform, including our website, applications, and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

NicheFlow is a Software-as-a-Service (SaaS) platform that provides Kindle Direct Publishing (KDP) niche research tools, including but not limited to:

  • AI-powered niche analysis and scoring

  • Real-time Amazon marketplace data aggregation

  • Competition analysis and demand scoring

  • Keyword research and suggestions

  • Trend analysis and market insights

  • PDF report generation

  • Email alerts and notifications

  • Daily featured niche recommendations

Important Disclaimer: The Service provides informational and analytical tools only. We do not guarantee any specific business outcomes, sales, profits, or success in the KDP marketplace. All data and analysis are provided "as is" and should be used as one of many factors in your business decision-making process.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 One Account Policy

Each individual user is permitted only one (1) account. Creating multiple accounts to circumvent usage limits, abuse promotions, or for any other purpose is strictly prohibited and grounds for immediate termination of all associated accounts without refund.

3.4 Account Sharing

Account sharing is prohibited for Free, Starter, and Professional tier subscriptions. Agency tier subscribers may share account access with team members as specified in their subscription terms. Unauthorized account sharing may result in account suspension or termination.

4. Subscription Plans and Payment

4.1 Subscription Tiers

We offer the following subscription plans:

  • Free: Limited access with 1 search per day

  • Starter ($19/month): 5 searches per day with enhanced features

  • Professional ($69/month): 50 searches per day with full feature access

  • Agency ($199/month): 500 searches per day with team features and white-label reports

Feature availability and pricing are subject to change. Current pricing and features are displayed on our pricing page.

4.2 Billing and Auto-Renewal

Paid subscriptions are billed on a monthly recurring basis. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.3 Payment Processing

All payments are processed through Stripe, Inc., a third-party payment processor. By providing payment information, you agree to Stripe's terms of service. We do not store your complete credit card information on our servers.

4.4 Failed Payments

If a payment fails, we will attempt to process the payment again. If payment cannot be processed after reasonable attempts, your subscription may be suspended or downgraded to the Free tier until payment is received.

4.5 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will be communicated at least thirty (30) days in advance via email to the address associated with your account. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Refund and Cancellation Policy

5.1 14-Day Money-Back Guarantee

New subscribers to paid plans are eligible for a full refund within fourteen (14) days of their initial subscription purchase, provided they have not exceeded the daily search limit more than five (5) times during this period. To request a refund, contact support@nicheflow.com.

5.2 90-Day Profit Guarantee

We offer a 90-day profit guarantee subject to the following conditions:

  • You must have an active paid subscription for at least 90 consecutive days

  • You must demonstrate that you actively used the Service (minimum 30 searches per month)

  • You must provide documentation showing you published at least one book based on NicheFlow research

  • Refund requests must be submitted within 30 days of the 90-day period ending

  • Refunds under this guarantee are limited to the subscription fees paid during the 90-day period

This guarantee does not apply to any costs incurred outside of NicheFlow subscription fees, including but not limited to book production costs, advertising expenses, or other third-party services.

5.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

  • Your subscription will remain active until the end of the current billing period

  • No prorated refunds will be issued for partial billing periods

  • Your account will be downgraded to the Free tier after the billing period ends

  • Your saved niches and search history will be retained for 90 days, after which they may be deleted

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree NOT to:

  • Use automated scripts, bots, or scrapers to access the Service

  • Attempt to bypass rate limits or usage restrictions

  • Resell, redistribute, or commercially exploit NicheFlow data or reports without authorization

  • Share your account credentials with unauthorized users

  • Use the Service to harass, abuse, or harm others

  • Upload malicious code or attempt to compromise system security

  • Interfere with or disrupt the Service or servers

  • Violate any applicable laws or regulations

  • Infringe upon intellectual property rights of NicheFlow or third parties

  • Create multiple accounts to circumvent usage limits

  • Use the Service for any illegal purpose

6.2 Rate Limits

Each subscription tier has daily search limits as specified in Section 4.1. Attempts to exceed these limits through any means, including but not limited to automation, multiple accounts, or exploiting technical vulnerabilities, are strictly prohibited.

6.3 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund. We reserve the right to investigate suspected violations and cooperate with law enforcement authorities.

7. Intellectual Property

7.1 NicheFlow Ownership

The Service, including its original content, features, functionality, design, branding, logos, and AI-generated analyses, is and will remain the exclusive property of NicheFlow and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use Reports

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use reports and data generated through the Service for your personal or internal business purposes. Agency tier subscribers receive additional rights to use white-labeled reports with their clients as specified in their subscription terms.

7.3 User Content

You retain ownership of any content you submit to the Service, including notes and saved preferences. By submitting content, you grant us a worldwide, royalty-free license to use, store, and process such content solely for the purpose of providing the Service.

7.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without obligation to you.

8. Data and Privacy

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2 Data We Collect

We collect and process the following types of data:

  • Account information (email address, name)

  • Payment information (processed by Stripe)

  • Search history and saved niches

  • Usage analytics and interaction data

  • Technical data (IP address, browser type, device information)

8.3 International Data Transfers

Your data may be transferred to and processed in countries other than your country of residence. By using the Service, you consent to such transfers. We implement appropriate safeguards to protect your data in accordance with applicable law.

8.4 Data Retention

We retain your personal data for as long as your account is active or as needed to provide the Service. Upon account deletion, personal data will be deleted within 90 days, except where retention is required by law or for legitimate business purposes.

9. Third-Party Services and Data

9.1 Amazon Data Disclaimer

The Service aggregates and analyzes data from Amazon.com and related Amazon marketplaces. NicheFlow is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or its affiliates. Amazon data is provided for informational purposes only and may not reflect real-time market conditions.

9.2 Data Accuracy

While we strive to provide accurate data, we cannot guarantee the accuracy, completeness, or timeliness of any data provided through the Service. Amazon data may change frequently, and there may be delays between actual market conditions and data displayed in the Service.

9.3 AI-Generated Content

Portions of the Service utilize artificial intelligence to generate analyses, scores, and recommendations. AI-generated content is provided for informational purposes only and should not be relied upon as the sole basis for business decisions. We do not guarantee the accuracy or reliability of AI-generated content.

9.4 Third-Party Integrations

The Service integrates with third-party services including Stripe (payment processing), analytics services, and email providers. Your use of such third-party services is subject to their respective terms of service and privacy policies.

10. Disclaimers and Limitation of Liability

10.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Business Guarantees

WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, SALES, PROFITS, OR SUCCESS FROM USING THE SERVICE. Success in the KDP marketplace depends on numerous factors beyond our control, including but not limited to book quality, marketing efforts, market conditions, and competition.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NICHEFLOW, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service

  • Any conduct or content of any third party on the Service

  • Any content obtained from the Service

  • Unauthorized access, use, or alteration of your transmissions or content

  • Any business decisions made based on data or analysis from the Service

10.4 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Indemnification

You agree to defend, indemnify, and hold harmless NicheFlow and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms

  • Your use of the Service

  • Your violation of any third-party rights

  • Your violation of any applicable law or regulation

  • Any content you submit or transmit through the Service

  • Your business decisions made based on Service data or analysis

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@nicheflow.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.3 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

12.4 Class Action Waiver

YOU AND NICHEFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings or by contacting support.

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms

  • Fraudulent or illegal activity

  • Non-payment of subscription fees

  • Requests by law enforcement or government agencies

  • Extended periods of inactivity

  • Discontinuation or material modification of the Service

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account at least thirty (30) days before they take effect. Non-material changes may be made at any time without prior notice.

Your continued use of the Service after any modifications indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NicheFlow regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of these Terms will only be effective if in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Notices

Notices to you may be made via email to the address associated with your account or by posting on the Service. Notices to us should be sent to support@nicheflow.com.

16. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: support@nicheflow.com

  • Subject Line: Terms of Service Inquiry

ACKNOWLEDGMENT: BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.