1. Governing Law & Exclusive Jurisdiction
These Terms are governed exclusively by the laws of the Republic of Estonia and applicable European Union law. No foreign legal system, regulatory authority, arbitral body, or court outside the Republic of Estonia and the European Union is recognised as having jurisdiction over any matter arising from or connected with these Terms. Any claim, action, or proceeding must be brought exclusively before the competent courts of the Republic of Estonia, seated in Tallinn.
2. Description of Service
NIZU WorkSpace is a subscription-based cloud workspace platform provided by NIZU OÜ. The Service is provided strictly within the scope of the Client's active subscription plan. No functionality, support, or service level is guaranteed beyond what is expressly specified in the applicable subscription plan.
The Service is delivered using infrastructure provided by Hetzner GmbH (Germany). Accordingly, the reliability, availability, and data integrity guarantees of the Service do not exceed, and are strictly limited by, the guarantees provided by Hetzner GmbH under their own Terms and Conditions. The Client is solely responsible for maintaining independent backups of any data stored within the NIZU WorkSpace platform.
3. Subscription Plans, Payment & Support
Access to the Service, including all features, support entitlements, and response time windows, is strictly conditioned upon the Client's active and paid subscription plan. NIZU reserves the right to modify, restrict, or suspend access to the Service at any time if payment obligations are not fulfilled.
Zero-payment plans (€0) receive zero support. Where a Client subscribes to a plan with a subscription fee of zero euros — including plans provided to NGOs, non-profit organisations, or any entity granted complimentary access — NIZU provides no support whatsoever, in any form. No response time commitment, service level, remediation obligation, data recovery, uptime guarantee, or incident response is provided. The Service is provided entirely on an "as-is, as-available" basis with zero service level commitments.
For paid plans, NIZU shall endeavour to respond to support requests within the window below. These are response time windows only — they do not constitute a guarantee of resolution or any specific outcome within the stated period.
- Free / NGO (€0): No support provided
- Starter: 5 business days response window — no resolution guarantee
- Standard: 3 business days response window — no resolution guarantee
- Professional: 1 business day response window — no resolution guarantee
- Enterprise: 4 business hours response window — no resolution guarantee
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: NIZU OÜ ACCEPTS ZERO LIABILITY, whether in contract, tort (including negligence), statute, or otherwise, for any damage, loss, cost, expense, liability, or harm of any nature whatsoever — whether direct, indirect, incidental, special, consequential, exemplary, or punitive — caused to the Client, its employees, contractors, customers, or any third party, arising from or in connection with:
- The use of, or inability to use, the NIZU WorkSpace platform or any feature thereof;
- Any malfunction, error, bug, defect, outage, interruption, or degraded performance of the platform;
- Any data loss, data corruption, or failure of data backup;
- Any failure of infrastructure, including Hetzner GmbH infrastructure;
- Any security incident, data breach, or unauthorised access;
- Any modification, suspension, or discontinuation of the Service.
This exclusion applies regardless of the size, scale, or nature of the damage. NIZU CANNOT BE HELD LIABLE AT ANY LEVEL FOR ANY DAMAGE CAUSED BY ITS SOFTWARE.
In the event that any court of competent jurisdiction determines that NIZU bears any liability to the Client, NIZU's total aggregate liability shall not exceed the total subscription fees actually paid by the Client in the three (3) calendar months immediately preceding the event giving rise to the liability.
5. No-Refund Policy
All subscription fees paid to NIZU OÜ are non-refundable. NIZU does not issue refunds under any circumstances, including but not limited to:
- Service outages or degraded performance;
- Dissatisfaction with the Service;
- Early termination of the subscription by the Client;
- Technical failures, data loss, or security incidents.
The Client acknowledges and accepts this no-refund policy as a fundamental condition of the Agreement.
6. Client Responsibilities
The Client is solely responsible for all data, content, configurations, and operations carried out within the Client's Workspace. The Client acts as an independent Data Controller under the GDPR in respect of all personal data processed within its Workspace. NIZU acts solely as a Data Processor in accordance with the Data Processing Agreement (DPA).
NIZU accepts no responsibility, obligation, or liability of any kind in relation to the Client's own customers, users, employees, contractors, or any third parties who access the Client's Workspace, or any GDPR compliance obligations owed by the Client to its own users. The Client shall indemnify and hold harmless NIZU from any claim, penalty, or cost arising from the Client's data processing activities within the Workspace.
The Client must not use the Service for any unlawful purpose, in violation of applicable law, or in a manner that damages, disrupts, or overloads NIZU's infrastructure or the experience of other clients.
7. Suspension & Termination
NIZU reserves the right, at its sole discretion, to suspend or terminate the Client's access to the Service with immediate effect and without prior notice in the following circumstances:
- Non-payment of subscription fees;
- Material breach of these Terms;
- Violation of applicable law;
- Any use of the Service that causes or threatens harm to NIZU's infrastructure, reputation, or other clients;
- Instruction from a competent regulatory or judicial authority.
Upon termination, NIZU shall have no obligation to retain or make available data stored within the Client's Workspace beyond the period specified in the applicable DPA. The Client is solely responsible for exporting its data prior to termination.
8. Amendments
NIZU reserves the right to amend these Terms at any time. Material amendments shall be notified to the Client by email at least thirty (30) calendar days prior to the effective date. Continued use of the Service after the effective date constitutes acceptance of the amended Terms.
9. General Provisions
These Terms, together with the applicable Order Form, the Data Processing Agreement, and the GDPR Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid. No failure or delay by NIZU in exercising any right under these Terms shall constitute a waiver of that right.
10. Contact
NIZU OÜ · VAT: EE102264113
Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 5, 11415, Estonia
legal@nizu.io