Terms & Conditions

PART A: INTRODUCTION

1. About Us

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Niya Network Ltd, hereafter referred to as "Niya," is a company established under the laws of England and Wales, with its principal office at 8 Pember Road, London, NW10 5LP. Our mission is to make fulfilling careers accessible to all individuals, irrespective of their background, through a thoughtfully designed, equitable, and empowering tool.

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For any inquiries, Niya can be contacted via email at team@niya.ai.

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2. About Our Product

Niya AI provides a Career Companion service through WhatsApp, offering users an unparalleled level of support and guidance in navigating their career pathways. This service is designed to function as an accessible and comprehensive resource, available 24/7, and tailored to meet the unique needs of individuals seeking to enhance their career trajectories. The support includes, but is not limited to:

• Addressing career-related inquiries with personalized insights
• Sharing job opportunities relevant to the user's interests and skill set
• Providing detailed reviews of CVs and job applications
• Simulating interviews to enhance user preparedness
• Facilitating connections to educational or professional training programs
• Facilitating paid gigs between Clients and Freelancers through Niya's platform

Important Note: All interactions occur directly between users and Niya AI through WhatsApp. Users do not maintain profiles or have access to a standalone platform. Instead, Niya captures insights into each user's career needs, preferences, and progress to provide individually tailored guidance and recommendations.

In addition to responding to user-initiated messages, Niya may occasionally initiate messages to capture product feedback or to send useful, timely prompts that help users navigate their career journey.

Niya AI may analyze voice notes or written messages to better understand your goals and improve its responses. While every effort is made to provide accurate guidance, users acknowledge that Niya's AI may occasionally produce speculative or inaccurate suggestions. The information provided should be treated as guidance, not professional or definitive advice.

Interactions with Niya AI do not form legal or contractual obligations between you and Niya or any third-party providers. All employment decisions and formal agreements remain solely between you and the third party involved.

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3. Acceptance of Terms

3.1 Clear Acceptance Required

These Terms become binding when you continue this conversation after being presented with these Terms during onboarding or following any updates. By proceeding, you confirm acceptance of the current version.

3.2 Record Keeping

Niya maintains timestamped records of:

• When you accepted these Terms
• Your WhatsApp number and acceptance method

3.3 Terms Updates

When Terms are updated:

• You'll receive WhatsApp notification
• Continued use after 30 days constitutes acceptance
• Previous version remains applicable to ongoing transactions
• You may terminate service if you reject updates

3.4 User Requirements

By using the Product, you affirm that:

• You are at least 13 years old, in compliance with WhatsApp's terms of use
• You will provide accurate and truthful information throughout your interactions
• You will not engage with the Product in a manner that is unlawful, unethical, or detrimental to its operation

Failure to comply with these provisions may result in restriction or termination of your access to the Product.

By using the Product, you may choose to share information that could be considered sensitive personal data (e.g., ethnicity, health status, or beliefs). By continuing to engage with Niya AI, you explicitly consent to the processing of any such information for the sole purpose of delivering personalized career guidance.

PART B: USER RESPONSIBILITIES

4. Appropriate Use of AI

To maintain a safe, inclusive, and professional environment, Users are expected to use Niya AI solely for career-related purposes.

Niya prohibits discussions related to:

• Illegal activities (e.g., money laundering, hacking, tax evasion, or accessing pirated software)
• Bullying, harassment, or spreading misinformation about marginalized groups
• Anti-vaccine rhetoric, fake news, or extreme conspiracy theories
• Pornography, sexually explicit material, or overly personal content unrelated to career growth
• Promoting political candidates, extremist ideologies, organizing protests, get-rich-quick schemes, pyramid schemes, or multi-level marketing (MLM)
• Medical or legal advice
• Gambling, betting, cryptocurrency, or unrelated memes

Users are not expected to use the Product to test its functionality or for non-constructive purposes.

Inappropriate, fraudulent, or malicious content violating these restrictions may be removed, and users engaging in such discussions may face suspension or permanent removal from the platform.

5. Fair Use Policy

While Niya provides unlimited access to its Career Companion, excessive usage beyond 1,000 messages per day may result in temporary or permanent restrictions to maintain the integrity of the Product for all users.

6. User Conduct

All users must act respectfully and professionally. While Niya AI is not responsible for any harassment, discrimination, or abusive conduct exchanged between parties (Clients or Freelancers), such behavior, when flagged, will result in immediate account termination. This policy also applies to abusive or offensive language directed at Niya AI itself.

7. Fee Circumvention

Clients and Freelancers are not permitted to engage in conversations or agreements outside of Niya as a means to avoid the 5% platform fee. If such behavior is identified, both the Client and the Freelancer will be permanently blocked from using Niya AI.

PART C: ACCESSIBILITY AND INCLUSIVITY

8. Service Availability Across Regions

Niya AI is accessible globally wherever WhatsApp is available. However, as the tool is built in the UK, job recommendations may be less exhaustive in regions outside the UK, particularly for in-person roles. Guidance related to local job markets may also be less accurate in remote or less developed locations.

9. Language Support

Niya's Career Companion supports interaction in over 200 languages. Users may message in any written language, and Niya will always aim to reply in the same language the user speaks in. However, Niya is most fluent and capable of providing in-depth support in English. Non-English voice notes will be translated and responded to in English text where possible. Please note that Niya's fraud detection tools may flag non-English content more frequently due to detection limitations.

PART D: LIABILITY AND DISCLAIMERS

10. Limitations of Guidance Accuracy

Niya strives to provide accurate, data-driven, and personalized guidance. However, it cannot guarantee specific outcomes, such as securing employment, promotions, or achieving career goals.

11. Third-Party Services Disclaimer

By using the Product, you agree that Niya may share relevant aspects of your career profile with third-party service providers or potential employers whose opportunities align with your interests. If you wish to revoke this consent at any time, please contact us at team@niya.ai.

Niya may recommend opportunities or services provided by third-party partners, such as training programs, job boards, or paid freelance gigs. Any engagement with such third-party services is undertaken at the user's discretion and governed by the terms and conditions of the respective providers. Niya assumes no liability for the quality, accuracy, or fulfillment of these external services or any agreements made between Clients and Freelancers.

11A. Consumer Rights (UK)

11A.1 Cooling-Off Period

UK consumers have 14 days from service commencement to cancel without reason. During this period:

• For Niya Gigs: Cancellation allowed if work not commenced
• Refunds processed within 14 days of valid cancellation

11A.2 Right to Reject

If our service is not as described or of satisfactory quality, you may:

• Request service correction within reasonable time
• Seek full refund in cases of fundamental breach

11A.3 Unfair Terms

These Terms comply with Consumer Rights Act 2015. Any terms found unfair by a court will be:

• Treated as non-binding
• Not affect enforceability of remaining terms
• Subject to interpretation favoring the consumer

11A.4 Consumer Dispute Resolution

UK consumers may access our internal complaints procedure (team@niya.ai)

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12. No Professional Advice

The guidance offered by Niya AI is for informational purposes only and does not constitute legal, financial, or professional counseling. Users are encouraged to seek qualified professional advice when making significant career, financial, or legal decisions. This includes advice related to freelance contracts, employment arrangements, or tax matters.

13. Verification and Compliance

Niya reserves the right to verify user identity or qualifications before or during engagement.

Stripe, Niya's payment provider, may request verification of ID ahead of payout to the Freelancer.

Freelancers are responsible for complying with their local tax and legal obligations, including declaring income and handling VAT, where applicable.

Niya may collect identity or tax documentation to comply with relevant regulations.

Freelancers are independent contractors. Nothing in these Terms creates an employment, agency, or partnership relationship between Niya and any Freelancer. Niya is not liable for work quality, missed deadlines, or disputes that arise between Clients and Freelancers.

13A. Limitation of Liability

13A.1 Maximum Liability

Niya's total liability to you for any claims arising from these Terms is limited to:

• For AI Career Companion: £100 or fees paid in preceding 12 months, whichever is higher
• For Marketplace transactions: The value of the specific transaction in dispute
• For data breaches: £500 per affected individual

13A.2 Excluded Damages

Niya shall not be liable for:

• Loss of profits, revenue, or business opportunities
• Loss of data (beyond reasonable recovery costs)
• Indirect, consequential, or punitive damages
• Third-party claims against you
• Delays in career advancement or job acquisition

13A.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of statutory consumer rights
• Other liability that cannot be excluded by law

13A.4 Indemnification

You agree to indemnify Niya against claims arising from:

• Your breach of these Terms
• Your violation of third-party rights
• Your provision of false or misleading information
• Your use of the service for unlawful purposes

PART E: SECURITY AND DATA HANDLING

14. Data Security and Breach Protocols

Niya employs stringent data protection protocols, including WhatsApp's end-to-end encryption, to safeguard user information. In the unlikely event of a data breach:

• Niya will notify affected users within 72 hours of discovering any breach
• Affected users will receive detailed information about the breach and recommended mitigation steps
• Niya will cooperate with relevant authorities to address and resolve the breach

15. Data Retention and Deletion

Users may request data deletion at any time by contacting team@niya.ai direct. Niya retains user data securely for the periods specified in Section 15A.3 following account deletion to comply with regulatory obligations and to accommodate users who may wish to reactivate their accounts.

15A. Data Protection and Privacy

15A.1 Lawful Basis for Processing

Niya processes your personal data on the following lawful bases:

• Legitimate interests: To provide career guidance and match services
• Contract performance: To facilitate marketplace transactions
• Explicit consent: For processing special category data (ethnicity, health status, beliefs)

15A.2 Your Data Protection Rights

Under UK GDPR, you have the right to:

• Access your personal data (within 30 days of request)
• Rectify inaccurate data
• Erase your data ("right to be forgotten")
• Restrict processing in certain circumstances
• Data portability in machine-readable format
• Object to processing based on legitimate interests
• Withdraw consent at any time

To exercise these rights, contact team@niya.ai with "Data Subject Request" in the subject line.

15A.3 Data Retention

• Chat history: Retained for 3 years after last interaction
• Payment data: Retained for 7 years for tax compliance
• Marketing preferences: Until withdrawn
• Account data: 1 year after account deletion
• Dispute records: 6 years after resolution

15A.4 International Transfers

Data may be processed outside the UK/EEA. We ensure adequate protection through:

• Standard Contractual Clauses with processors
• Adequacy decisions where applicable
• Additional safeguards as required by law

15A.5 Data Processing Activities

We process data for: service delivery, fraud prevention, legal compliance, legitimate business interests.

16. Message Review

WhatsApp messages exchanged during the course of a project may be reviewed by Niya's team for safety, dispute resolution, or career advancement purposes. Niya does not publicly share any content or communication without permission.

PART F: USER NOTIFICATIONS AND SERVICE UPDATES

17. Changes to Terms

Niya may update these Terms periodically. Users are encouraged to review the latest version of the T&Cs on Niya's website. As Niya does not collect user email addresses, notifications of changes will be sent via WhatsApp.

18. Service Downtime Notifications

Niya's Community Team may message users directly through WhatsApp using the same number to capture product feedback or to send helpful prompts to support them in their career.

By engaging with Niya on WhatsApp, you consent to receive helpful career-related prompts, opportunity updates, and occasional product or service messages. You may opt out of non-essential communications at any time by contacting team@niya.ai. Niya will never send unrelated or promotional spam.

In the event of planned or unplanned service interruptions, users will also be notified through WhatsApp.

18A. Service Modifications and Termination

18A.1 Right to Modify Services

Niya may:

• Update, modify, or discontinue features with 30 days' notice
• Make immediate changes for security or legal compliance
• Adjust pricing with 60 days' notice to existing users

18A.2 Service Termination

Niya may terminate or suspend your access:

• Immediately for Terms violations
• With 30 days' notice for business reasons
• Without notice for illegal activities or fraud

18A.3 Effect of Termination

Upon termination:

• Your license to use the service ends
• Outstanding marketplace transactions continue under existing terms
• Data deletion follows retention policy timelines
• No refunds for unused service credits

PART G: TERMINATION AND SUSPENSION

19. Account Suspension and Appeals

Users may appeal a suspension or termination by contacting Niya AI on WhatsApp. Appeals will be reviewed by Niya's Community Team and treated as formal reactivation requests. All decisions made by Niya regarding appeals are final.

PART H: INTELLECTUAL PROPERTY

20. Ownership of AI Interaction Logs

Users retain ownership of all content they submit, including resumes and applications. Niya retains the right to utilize anonymized logs and insights generated by its AI for internal improvements and feature development.

Users retain ownership of any documents or content submitted to Niya. However, by submitting such content, you grant Niya a non-exclusive, worldwide license to store, process, and use it solely to deliver personalized career support and improve our services. This license:

• Is limited to career guidance purposes only
• Does not include rights to sublicense or create derivative works
• Is revoked upon account deletion or written request for content removal to team@niya.ai
• Does not grant rights to use content for marketing without separate consent

PART I: JURISDICTION AND COMPLIANCE

21. Jurisdiction-Specific Rules

Users are responsible for ensuring that their use of Niya's Career Companion complies with applicable laws in their location. Niya assumes no liability for legal violations resulting from user behavior or regional restrictions.

If you access Niya from outside the UK, you do so at your own risk and are responsible for complying with any local laws in your region.

PART J: FEEDBACK AND FORCE MAJEURE

22. User Feedback

Niya encourages users to share feedback about their experience by contacting team@niya.ai. Feedback may be used to improve the Product or for promotional purposes, provided it is anonymized.

23. Force Majeure

Niya is not liable for delays, disruptions, or failures to perform due to circumstances beyond its control, including but not limited to:

• Natural disasters and extreme weather events
• Government actions, regulatory changes, or legal restrictions
• Large-scale technical failures, cyber attacks, or internet outages
• Pandemic or public health emergencies
• War, terrorism, or civil unrest
• Third-party service provider failures

During force majeure events, Niya will:

• Notify users via WhatsApp within 48 hours where possible
• Provide regular updates on service restoration
• Offer service credits for extended outages exceeding 7 days

PART K: CONTACT INFORMATION

For any questions or concerns regarding these Terms, please contact Niya at:

Email: team@niya.ai
Address: 8 Pember Road, London, NW10 5LP

These Terms supersede all previous agreements and govern all interactions with Niya's Career Companion as of the date of their last update.

PART L: GIGS AND PAYMENT SERVICES

24. Marketplace Gig Services and Payment Terms

Niya offers a marketplace feature that connects clients ("Clients") with freelancers ("Freelancers") for the delivery of paid professional services ("Gigs"). By using this feature, you agree to the following:

24.1 Independent Contractor Relationship

24.1.1 Freelancer Independence
Freelancers are independent contractors who:

• Control their own working methods and hours
• May work for multiple clients including competitors
• Are responsible for their own tax obligations
• Provide their own equipment and workspace
• Bear the risk of profit and loss

24.1.2 No Employment Relationship
Nothing in this agreement creates:

• An employment relationship between Niya and Freelancers
• Agency, partnership, or joint venture
• Obligation for Niya to provide work
• Right to employee benefits or protections

24.1.3 Client Responsibility
Clients acknowledge:

• They engage Freelancers directly
• They determine project requirements and deadlines
• Niya provides facilitation services only
• Work quality is between Client and Freelancer

24.2 Freelancer Matching and Consent

Freelancers are only introduced to Clients after giving express permission to proceed following their submitted proposal. Freelancers and Clients are connected directly through WhatsApp using a shared Niya contact number. They may use this channel to discuss project details, agree on scope, and confirm pricing prior to any payment.

24.3 Proposal Agreement

Clients and Freelancers are expected to mutually agree on the project proposal and terms (scope, deliverables, deadlines, and pricing) via WhatsApp before the Client makes payment. Once payment is made, the project is considered active.

24.4 Payment Processing and Escrow Services

24.4.1 Third-Party Payment Processing
All payments are processed by our authorized payment service providers (Stripe, PayPal). Niya does not directly handle or process payments but facilitates the transaction as a commercial agent.

24.4.2 Escrow Arrangement
Client payments are held in a segregated account by our payment processor as stakeholder pending project completion. This arrangement:

• Does not constitute Niya providing payment services
• Creates no debtor-creditor relationship between Niya and users
• Operates under the payment processor's terms and authorization

24.4.3 Fund Release Process
Upon project completion confirmation:

• Payment processor releases 95% to Freelancer
• 5% platform fee retained by Niya
• Release typically occurs within 2-5 business days
• Disputed funds remain held pending resolution

24.4.4 Regulatory Compliance
This service operates under the Small Payment Institution exemption or as agent services not requiring separate FCA authorization. Users acknowledge payment processing is subject to third-party processor terms.

24.5 Fee Transparency

The 5% platform fee is included in the total price shown to Clients. Freelancers receive 100% of their requested fee upon successful completion of the Gig.

24.6 International Payments

Freelancers are based globally and are paid in accordance with the local currency and payment method supported in their country. Niya uses trusted third-party payment providers (e.g., Stripe, PayPal, or equivalents) to facilitate payouts. Fees and exchange rates may apply, and Niya is not responsible for delays caused by banking intermediaries.

24.7 Escrow Service and Payment Release

Niya acts solely as a facilitator for payments between Clients and Freelancers. Our role is limited to:

• Holding Client payments in escrow through our payment processor until project completion is confirmed
• Releasing funds based on objective completion confirmation (not quality assessment)
• Collecting the 5% platform fee upon successful payment release

Important Limitations:

• Niya does not mediate, arbitrate, or resolve disputes regarding work quality, timeliness, or satisfaction
• Niya does not assess the quality, adequacy, or suitability of work delivered
• All disputes regarding work standards, deadlines, or project requirements are strictly between Client and Freelancer
• Niya's involvement is limited to confirming whether both parties acknowledge project completion

Payment Release Process:

• Funds are released when both Client and Freelancer confirm completion, OR
• In cases where one party claims completion and the other is unresponsive for 14 days, funds may be released at Niya's discretion based solely on evidence of delivery

If either party raises a dispute, Niya may temporarily hold funds while encouraging direct resolution between the parties, but Niya will not investigate, judge, or resolve the underlying dispute.

24.8 Dispute Limitation and User Resolution

24.8.1 Limited Niya InvolvementNiya explicitly does not:

• Investigate work quality disputes
• Determine if deliverables meet agreed specifications
• Resolve disagreements about project scope or requirements
• Act as mediator or arbitrator between parties
• Make determinations about contract performance

24.8.2 Direct Party ResolutionAll disputes regarding:

• Work quality and standards
• Meeting deadlines and timelines
• Project scope and deliverables
• Communication and professional conduct
• Payment terms beyond our standard escrow service

Must be resolved directly between Client and Freelancer. Users are encouraged to:

• Communicate clearly about expectations before starting work
• Document agreed deliverables and deadlines
• Seek independent legal advice for complex disputes
• Consider professional mediation services if needed

24.8.3 Platform Violations OnlyNiya will only intervene in cases involving:

• Violations of these Terms and Conditions
• Fraudulent activity or identity misrepresentation
• Abusive or harassing behavior directed at other users
• Attempts to circumvent the platform fee structure

Such violations may result in account suspension or termination, but do not constitute dispute resolution services.

24.8.4 Governing LawThese Terms are governed by English law. For any disputes directly involving Niya's platform services (not work quality disputes), UK courts have exclusive jurisdiction. Users acknowledge that work-related disputes between Clients and Freelancers are not governed by these Terms and should be resolved under applicable contract law between the parties.

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