Terms and Conditions

Last Updated: September 2026

1. Acceptance of Terms

Welcome to niterite.org, provided by Niterite. These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Niterite ("Company," "we," "us," or "our") governing your access to and use of the niterite.org software-as-a-service (SaaS) platform, website, and any associated services (collectively, the "Service"). By accessing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use the Service.

These Terms operate under a notice-and-choice framework consistent with United States federal and state laws. Your use of the Service signifies your affirmative agreement to the practices described herein, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference. You acknowledge that the Service is intended for general business and consumer use and that we comply with applicable sectoral regulations, including the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments). The Service is not directed to children under 13, and we do not knowingly collect personal information from them.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such an event, "you" and "your" shall refer to both you as an individual and that entity. Any access or use of the Service by your employees, contractors, or affiliates is subject to these Terms, and you are responsible for ensuring their compliance. We may update or modify these Terms from time to time in accordance with Section 11 below, and your continued use of the Service following any such changes constitutes your acceptance of the revised Terms.

2. Use of Service

Subject to your ongoing compliance with these Terms, Niterite grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal operations during the term of this Agreement. The Service is provided on a software-as-a-service (SaaS) basis, meaning you access the software remotely via the internet and do not receive a physical copy of the underlying software. This license grant does not include any right to resell, sublicense, or commercially exploit the Service without our express prior written consent.

You acknowledge that the Service may include features subject to automatic renewal or negative-option billing practices. Where applicable, such features comply with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA), and applicable state consumer protection laws. If you enroll in a subscription, you authorize Niterite to charge your designated payment method on a recurring basis until you cancel. You may cancel your subscription at any time through your account settings or by contacting us at [email protected], and cancellation will prevent future billing cycles. We do not provide refunds for partial billing periods unless required by applicable law.

The Service is designed to comply with applicable federal regulations, including the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices). We prohibit the use of the Service for any deceptive, unfair, or fraudulent commercial practices. Depending on your use case, you may be subject to specific sectoral laws, such as the Health Insurance Portability and Accountability Act (HIPAA) where applicable, or the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions. If you input protected health information or nonpublic personal information into the Service, you are solely responsible for ensuring your use complies with HIPAA, GLBA, or other applicable regulations, and you must have executed the necessary business associate or data processing agreements with us if required.

3. User Obligations

As a condition of your use of the Service, you agree to comply with all applicable local, state, national, and international laws and regulations. You are strictly prohibited from using the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.

You must not use the Service to violate any applicable state comprehensive privacy laws, including the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other State comprehensive privacy laws (TX, OR, MT, FL, TN, etc.). If you use the Service to process personal data of consumers, you represent and warrant that you have obtained all necessary rights, consents, and authorizations to do so, and that you will honor consumer opt-out requests, including those transmitted via Global Privacy Control (GPC) signals as required under the California Consumer Privacy Act as amended by CPRA — 'Do Not Sell or Share My Personal Information' / Global Privacy Control obligations (Cal. Civ. Code § 1798.120, § 1798.135).

Furthermore, you agree not to intercept, monitor, or record any communications or data traversing the Service without proper authorization. Unauthorized interception of electronic communications is strictly prohibited and may violate the Electronic Communications Privacy Act, 18 U.S.C. § 2511, as well as various state wiretapping and computer privacy statutes, such as the California Invasion of Privacy Act § 631. You are solely responsible for all data, content, and information you upload, submit, or transmit through the Service. You must maintain the confidentiality and security of your account credentials and promptly notify us at [email protected] of any unauthorized use or security breach involving your account.

4. Intellectual Property Rights

All right, title, and interest in and to the Service, including but not limited to the software, user interface, graphics, text, and underlying source code, are and shall remain the exclusive property of Niterite and its licensors. The Service is protected by United States and international intellectual property laws, including copyright, patent, and trademark laws. The Uniform Commercial Code (UCC) Article 2 as adopted by the states, and the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) where applicable, may inform the interpretation of software licensing terms, though this Agreement constitutes the final expression of the parties' agreement regarding the Service.

You acknowledge that no ownership rights are transferred to you under these Terms. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our prior written consent. Any unauthorized reproduction or use of the Service, or any portion thereof, is strictly prohibited and may result in immediate termination of your access, as well as civil and criminal penalties. We reserve all rights not expressly granted to you in these Terms.

With respect to the data and content you submit to the Service ("User Content"), you retain all ownership rights. However, by submitting User Content, you grant Niterite a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, process, and display your User Content solely for the purpose of operating, maintaining, and improving the Service on your behalf. You represent and warrant that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party, and that you have the legal right to grant the foregoing license.

5. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Niterite, its affiliates, officers, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, or replacement service costs, arising out of or related to your use of or inability to use the Service. This limitation of liability applies regardless of the legal theory under which the liability is sought, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities; in such jurisdictions, our liability is limited to the maximum extent permitted by law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

In any event, Niterite's total aggregate liability for any claim arising out of or relating to these Terms or the Service, regardless of the form of the action, shall not exceed the greater of (a) the amounts you have paid to Niterite for the Service in the twelve (12) months preceding the claim, or (b) fifty U.S. dollars ($50.00). You acknowledge that the limitations of liability set forth in this Section are an essential basis of the bargain between the parties, and that absent these limitations, the pricing and provision of the Service would be substantially different.

6. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND Niterite EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

We make no warranties regarding the accuracy, reliability, completeness, or timeliness of any information or data obtained through the Service. Any reliance on such information or data is at your own risk. We do not guarantee the security of your data transmitted over the internet, and you acknowledge that no system can be perfectly secure. We disclaim all liability for any unauthorized access to or use of your data, except as required by applicable federal or state breach notification laws.

No advice or information, whether oral or written, obtained by you from Niterite or through the Service, shall create any warranty not expressly stated in these Terms. Our disclaimers and limitations of liability are designed to comply with the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), ensuring that no deceptive warranties are made. If a disclaimer is deemed unenforceable in a particular jurisdiction, it shall be enforced to the maximum extent permitted by law, and the remaining disclaimers shall remain in full force and effect.

7. Indemnification

You agree to defend, indemnify, and hold harmless Niterite, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, including state comprehensive privacy laws or sectoral laws such as HIPAA or GLBA; or (d) your User Content.

Niterite reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent. This indemnification obligation will survive the termination of your account or these Terms.

We may participate in the defense of any claim with our own counsel at our own expense. If we are required to make payments in connection with a cross-border consumer protection matter, we may rely on the cooperation of international authorities under the SAFE WEB Act permanently reauthorized 2015 (21st Century DOJ/Apps Act-era codification, 15 U.S.C. § 8401 note). You agree to provide us with prompt written notice of any claim for which you are obligated to indemnify us and to reasonably cooperate in our defense of such claim.

8. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States and the state in which Niterite is incorporated, without regard to its conflict of law provisions. You and Niterite agree to submit to the exclusive jurisdiction of the state and federal courts located within that state for the resolution of any disputes, except as otherwise provided in the Dispute Resolution section below.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. Furthermore, the Uniform Commercial Code (UCC) Article 2 as adopted by the states shall apply only to the extent explicitly incorporated by statute into transactions involving the licensing of software, and the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) shall not apply unless expressly mandated by the laws of a jurisdiction where you reside or operate.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties agree that the governing law clause is an essential part of these Terms, and the Service would not be provided absent this choice of law. You waive any objection based on forum non conveniens with respect to the chosen jurisdiction.

9. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding, individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted by a single arbitrator under the commercial arbitration rules of the American Arbitration Association (AAA) or JAMS. The arbitration shall take place in the state where Niterite is incorporated. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

You and Niterite 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, consolidated, or representative proceeding. Unless both you and