NYKO Terms of Service
Last Updated: April 26, 2025
Welcome to NYKO (including all of our affiliates, "NYKO", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, applications, features, and platform designed to accelerate the birth and application of creativity, available at nyko.cool and potentially through other integrated platforms (collectively, the "Services"). Our Services allow users to train AI models, configure workflows, deploy these creations ("AI Creativity Components"), and tokenize them on a blockchain.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING ARBITRATION RATHER THAN IN COURT AND TO A CLASS ACTION WAIVER. PLEASE REVIEW CAREFULLY SECTION 15 BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 15 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 16 (GOVERNING LAW AND JURISDICTION) WILL APPLY INSTEAD.
1. Who We Are NYKO is a platform designed to empower creators by providing tools for AI model training, workflow configuration, and the deployment of AI-driven creativity. We aim to accelerate the birth and application of innovative ideas by enabling users to manage their AI Creativity Components and represent aspects of these projects as digital tokens on a supported blockchain network. For any inquiries or support, please contact us at X@niyoko_agent.
2. Acceptance of Terms By using our Services, you represent and warrant that you have read, understood, and agree to these Terms, as well as any additional policies or guidelines incorporated herein by reference (including our Privacy Policy). If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Additional Service-Specific Terms Certain features or services offered through NYKO, such as specific model training environments, advanced workflow tools, or particular tokenization options, may be subject to additional terms, policies, or guidelines. Any such additional terms are incorporated by reference into these Terms and will be provided to you prior to or at the time of your use of those specific features.
4. Registration and Account Security a. Eligibility: You must be at least 18 years old to use our Services. By registering, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. b. Account Registration: To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. c. Security: You are solely responsible for safeguarding your account information, including any credentials or private keys associated with external wallets you may connect to our Services. Please notify us immediately at X@niyoko_agent if you suspect any unauthorized access or use of your account. We will not be liable for any loss resulting from your failure to protect your account information or connected wallets.
5. Using Our Services a. Overview: NYKO provides tools and infrastructure allowing users to: i. Train or upload AI models. ii. Configure and deploy workflows utilizing these models or other components. iii. Manage these creations as "AI Creativity Components" on the platform. iv. Optionally, initiate the tokenization of certain rights, ownership aspects, or utility related to their AI Creativity Components on a compatible blockchain. b. AI Creativity Components and Content: You are responsible for the AI models, data, workflows, and any other content you upload, train, create, or configure using our Services (collectively, "User Content"). You represent and warrant that you have all necessary rights, licenses, and permissions to use, process, and share your User Content through our Services, including any data used for training AI models, and that your User Content does not infringe upon the intellectual property or other rights of any third party. See Section 10 for more on Intellectual Property. c. Tokenization of AI Creativity Components: i. Initiation: Subject to platform capabilities and eligibility criteria, you may choose to tokenize aspects of your AI Creativity Project. This process creates digital tokens on a blockchain intended to represent certain defined rights, utility, or participation related to that specific Project ("Creativity Tokens"). ii. Token Representation: The specific rights, utility, or characteristics represented by a Creativity Token will be defined during the tokenization setup process for each Project, subject to NYKO's platform rules and capabilities. NYKO makes no representation or warranty about the nature, scope, or enforceability of the rights purportedly represented by any Creativity Token. The interpretation and enforcement of these rights may depend on external legal frameworks and the specific terms associated with the tokenized Project. iii. Blockchain Transactions: Tokenization involves transactions on a blockchain network. These transactions are typically irreversible. You are responsible for verifying all details before initiating tokenization or transferring Creativity Tokens. iv. Risks of Tokenization and Tokens: You acknowledge and accept the inherent risks associated with blockchain technology and digital tokens, including: * Volatility in value and potential for complete loss of value of Creativity Tokens. * Smart contract risks: Potential bugs or vulnerabilities in the underlying code of the tokens or associated contracts. * Network risks: Transaction delays, failures, or high network fees (gas costs). * Market risks: Limited liquidity or difficulty in finding buyers/sellers for Creativity Tokens. * Regulatory uncertainty: The legal and regulatory landscape for AI-generated content and digital tokens is evolving and may impact the creation, transfer, or value of Creativity Tokens. * NYKO is not responsible for any loss or damage arising from these risks. v. Token Management: You are responsible for managing your own blockchain wallet(s) to hold and transfer Creativity Tokens. NYKO does not typically take custody of user tokens unless explicitly stated for a specific service feature. d. Use of AI: Our Services utilize and enable the creation of artificial intelligence, including potentially generative AI. You understand and acknowledge that AI is a developing technology with inherent risks. Output from AI models (both platform-provided and user-created) may be inaccurate, biased, incomplete, or infringe on third-party rights. You use AI features and deploy AI Creativity Components at your own risk. We disclaim all liability resulting from the use of AI within the Services or from the AI Creativity Components created or deployed by users. You are solely responsible for evaluating the suitability, legality, and potential impact of any AI model or workflow you create or use. e. No Professional Advice: Information provided by the Services, including regarding AI model performance, workflow efficiency, or tokenization options, is for informational purposes only and should not be construed as professional, financial, legal, technical, or investment advice. Seek independent professional advice before making decisions based on information from the Services. f. No Fiduciary Duties: These Terms do not create or impose any fiduciary duties on us. We owe you only the duties and obligations expressly set out in these Terms. g. Release: If you have a dispute with another user regarding an AI Creativity Project, its content, or associated Creativity Tokens, you agree to address such dispute directly with the other party. To the extent permitted by law, you release NYKO (and our officers, directors, agents, investors, subsidiaries, employees, and advisors) from any and all claims, demands, or damages arising out of or connected with such disputes. h. Regulatory and Compliance Suspensions or Terminations: We may suspend or terminate your access to the Services at any time if required by law, government authority, or if we reasonably determine you are violating these Terms or engaging in activity harmful to the platform or other users. i. Platform Operation: While we strive to maintain platform availability, NYKO does not guarantee uninterrupted service. The platform may experience downtime for maintenance, upgrades, or due to unforeseen technical issues. Code used in the Services may be experimental; use discretion, especially when allocating resources or initiating tokenization.
6. Third Party Services Our Services may integrate with or link to third-party services, software, or resources (e.g., blockchain networks, cloud storage providers, specific AI libraries) ("Third Party Services"). Your use of Third Party Services is subject to their respective terms and policies. NYKO is not responsible for the functionality, security, or practices of any Third Party Service and disclaims liability for any issues arising from your use of them.
7. Fees and Payment a. Fees: Access to certain features, computational resources (e.g., for model training), specific tools, or initiating the tokenization process may require payment of fees. Applicable fees will be disclosed to you before you incur them. Blockchain network fees (gas costs) associated with tokenization or token transfers are separate and are your responsibility. NYKO may charge platform fees on certain activities, such as a percentage fee on tokenization setup or secondary market transactions facilitated through the platform, if applicable. b. Payment Processing: If you purchase services requiring payment, you agree to provide accurate payment information. You authorize us (or our third-party payment processor) to charge your chosen payment method. c. Taxes: You are solely responsible for determining, reporting, and remitting any taxes applicable to your activities on NYKO, including income or capital gains taxes related to the creation, sale, or appreciation of Creativity Tokens, or taxes related to revenue generated by your AI Creativity Components. We are not responsible for advising on, collecting, or remitting taxes on your behalf.
8. User Conduct and Prohibited Activities You agree to use the Services lawfully and ethically. You shall not: * Engage in fraudulent, deceptive, or unlawful activities. * Upload, train, or deploy AI models or workflows designed for harmful, illegal, or discriminatory purposes. * Use training data or other content that infringes on third-party intellectual property rights, privacy rights, or other legal rights. * Attempt to bypass security measures or gain unauthorized access to the platform or other users' accounts or projects. * Introduce malware, viruses, or other harmful code. * Misrepresent the capabilities, ownership, or characteristics of your AI Creativity Components or associated Creativity Tokens. * Interfere with the proper functioning of the Services or overload the platform infrastructure. * Use, display, mirror or frame the Services or any individual element within the Services, the NYKO name, any NYKO trademark, logo or other proprietary information without our express written consent. * Engage in any activity that NYKO deems harmful to the platform, its users, or its reputation.
Failure to comply may result in account suspension or termination.
9. Export Control and Sanctions You agree to comply with all applicable export control and economic sanctions laws and regulations (e.g., U.S. laws). You represent and warrant that you are not located in a sanctioned jurisdiction and are not listed on any restricted party list. You may not use the Services if prohibited by applicable law.
10. Intellectual Property Rights a. NYKO IP: We or our licensors own all rights, title, and interest in and to the Services, including the platform software, website design, text, graphics, logos, trademarks, and underlying technology, excluding User Content ("NYKO IP"). b. User Content Ownership: Subject to the license granted below, you retain ownership of the intellectual property rights in the AI models, workflows, and other User Content you create or upload using the Services. c. License Grant to NYKO: To enable us to operate, improve, and promote the Services, you grant NYKO a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., for technical formatting), adapt, publish, publicly perform, publicly display, and distribute your User Content solely for the purposes of: i. Operating, providing, and maintaining the Services for you and other users. ii. Enabling the features you choose to use, including sharing, deployment, and tokenization of your AI Creativity Components as configured by you. iii. Improving our Services (e.g., analyzing usage patterns, but not using your proprietary models for unrelated purposes without permission). iv. Complying with legal obligations or enforcing these Terms. This license continues even if you stop using our Services with respect to AI Creativity Components that have been tokenized or shared in a way that cannot easily be revoked. For non-tokenized/non-shared content, this license ends when you delete the content or your account, subject to reasonable backup retention. d. Creativity Tokens: Ownership of Creativity Tokens is determined by the records on the applicable blockchain. These Terms govern your use of the NYKO platform to interact with or manage aspects related to these tokens, but blockchain ownership mechanics govern the tokens themselves. e. Feedback: If you provide feedback, suggestions, or ideas about NYKO ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate such Feedback without any obligation or compensation to you.
11. Disclaimer of Warranties a. "As Is" Basis: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. b. No Guarantee: NYKO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES, INCLUDING THE OUTPUT OF ANY AI MODELS OR THE PERFORMANCE OF ANY WORKFLOWS. WE DO NOT GUARANTEE THE VALUE, UTILITY, OR MARKETABILITY OF ANY CREATIVITY TOKENS. c. User Content: WE DO NOT ENDORSE, VET, OR GUARANTEE ANY USER CONTENT, AI Creativity Components, OR CREATIVITY TOKENS. YOUR RELIANCE ON ANY USER CONTENT OR INTERACTION WITH OTHER USERS IS AT YOUR OWN RISK.
12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NYKO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, ANY USER CONTENT, OR ANY CREATIVITY TOKENS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO NYKO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
13. Indemnification You agree to defend, indemnify, and hold harmless NYKO and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: a. Your access to or use of the Services. b. Your User Content, including any claim that your User Content infringes or violates the rights of any third party. c. Your creation, management, or transfer of Creativity Tokens. d. Your violation of these Terms. e. Your violation of any applicable law or regulation. f. Your interaction with any other user.
14. Termination and Suspension a. Termination by You: You may stop using the Services and terminate your account at any time by following the procedures outlined in the platform or contacting support. b. Termination by Us: We reserve the right to suspend or terminate your account and access to the Services, with or without notice, if: (i) you breach these Terms; (ii) your conduct poses a risk to NYKO, other users, or third parties; (iii) required by law or regulation; (iv) you engage in prohibited activities; or (v) for extended inactivity. c. Effect of Termination: Upon termination, your right to access and use the Services ceases. Provisions that by their nature should survive termination (including Sections 5.c, 5.d, 5.e, 5.f, 5.g, 7.c, 8, 10, 11, 12, 13, 15, 16, 18, 19, 20) will remain in effect. Termination may impact your ability to manage AI Creativity Components hosted on NYKO, though Creativity Tokens existing on the blockchain will persist subject to blockchain rules. We are not obligated to retain your User Content post-termination, except as required by law.
15. Dispute Resolution a. Informal Resolution: For any Dispute (defined as any controversy, claim, or disagreement arising out of or relating to these Terms or the Services), you agree to first contact us at legal@nyko.ai [Replace or use support email] and attempt to resolve the Dispute informally for at least sixty (60) days. b. Mandatory Arbitration: Except for disputes qualifying for small claims court or seeking injunctive relief for intellectual property misuse, you and NYKO agree to resolve any Dispute exclusively through final and binding arbitration administered by a recognized arbitration provider (e.g., the American Arbitration Association) under its applicable rules effective at the time the arbitration is initiated. The arbitration will be conducted [Specify Location, e.g., in Delaware, or remotely if agreed], unless otherwise required by applicable law. The arbitrator's decision will be final and binding. c. Class Action Waiver: YOU AND NYKO 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 ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
16. Governing Law and Jurisdiction These Terms and any Dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of [Specify State, e.g., Delaware or California], without regard to its conflict of law principles. Subject to Section 15 (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in [Specify County and State, e.g., New Castle County, Delaware] for the purpose of litigating any such claims or disputes not subject to arbitration.
17. Changes to These Terms We reserve the right to modify or update these Terms at any time in our sole discretion. If we make changes, we will provide notice, such as by posting the revised Terms on the Services, updating the "Last Updated" date, or other communication. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
18. Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
19. Entire Agreement These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and NYKO regarding your use of the Services, superseding any prior agreements or understandings between you and NYKO.
20. Non-Reliance You acknowledge that in agreeing to these Terms and using the Services, you have not relied on any representation, warranty, or statement not expressly set out in these Terms.
21. Contact Information For any questions, concerns, or comments about these Terms or the Services, please contact us at: X@niyoko_agent
By using NYKO's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.