General Terms & Conditions

AGB Not Nice
‍General Terms and Conditions (GTC) for Not Nice.
Not Nice (represented by RAS Group GmbH), based in Winterthur, Switzerland, is the operator of the Not Nice platform.
The platform can be accessed via the URL: https://notnice.ch. or https://notnice.io or https://notnice.ae
Not Nice serves as a platform to connect companies and creators. Brands (customers) commission UGC and provide Not Nice with the necessary documents and ideas for the UGC (user-generated content).

The media created by the Creators may be used by the Customer and by Not Nice without restriction. The copyrights are assigned in full to Not Nice.Not Nice does not carry out UGC orders independently, but commissions a Creator who is a verified Content Creator at Not Nice. Created orders are binding on both parties and cannot be terminated prematurely, except with the mutual agreement of the parties, which must be in writing.

Scope of application
‍These GTC apply to all offers, services and contracts of the Service Provider ( Not Nice, as well as the Creators and the commissioned Customers, unless expressly agreed otherwise. The Service Provider shall not recognize any terms and conditions of the parties that conflict with or deviate from these GTC unless the Service Provider has expressly agreed to their validity in writing form.
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Offer and conclusion of contract
‍The service provider's offers are non-binding. By ordering a service, the customer submits a binding offer to conclude a contract. The contract shall only come into effect upon written acceptance of the offer by the service provider. Acceptance takes place through the execution of the ordered service(s) or through an express declaration of acceptance.
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Services
‍The service provider shall provide the agreed services to the best of its knowledge and belief. The service provider reserves the right to make changes to the services that become necessary due to legal regulations. Not Nice creates the ordered video together with the creator selected by the customer and grants the customer the unrestricted right of use at the time of acceptance, which is unlimited in terms of time and location. The customer is only restricted in the area of personal injury, which is subject to legally defined framework conditions. This includes damage to reputation, defamation or activities that damage the image. The media created are made available to the company via the platform or a cloud.
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Warranty
‍The Creator shall be liable for defects in the services in accordance with the statutory provisions. The Customer has the right to demand supplementary performance. If the supplementary performance fails, the customer can reduce the price. Not Nice is considered a platform and carries out quality assurance.
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Liability
‍The Creator shall be liable for damages to the Customer that are based on an intentional or grossly negligent breach of duty by the Creator or a legal representative or vicarious agent in accordance with the statutory provisions.
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Right to use the logo after the end of the campaign
‍(1) Automatic right of use: Upon conclusion of a campaign between the contracting parties, hereinafter "Campaign", "Not Nice" (hereinafter "Licensee") shall automatically and immediately receive the non-exclusive right to use and reproduce the logo (hereinafter "Logo") used by the brand (hereinafter "Brand"), unless otherwise agreed below.
(2) Active use of the logo: The Licensee is entitled to use the Logo at its own discretion for the purposes of advertising, marketing, publishing and promoting the completed campaign and for purposes related thereto, provided that this is done in accordance with the quality standards and guidelines of the Brand.
(3) Written rejection: The brand reserves the right to reject the use of the logo by the licensee in writing. In the event of a written rejection by the brand, the licensee must immediately cease using the logo and remove it from all materials associated with the completed campaign.
(4) Quality Standards and Guidelines: Licensee agrees to use the Logo in accordance with the Brand's quality standards and guidelines to ensure that the Brand and Logo are presented in a positive light.
(5) Duration of use: This right of use is valid for as long as the completed campaign is actively advertised and marketed, unless it is terminated in writing by one of the contracting parties.
(6) Transferability: This right of use is not transferable and is not subject to assignment to third parties without the prior written consent of the brand.

Further provisions
‍(1) Upon placing an order, the customer shall owe payment of the full remuneration, which shall be indicated before the order is placed. Payment shall be made by using an external payment service provider or by direct bank transfer.
(2) The client has the right to cancel the order by contacting the company. If one or more applications for the briefing have already been received, the client will be refunded the remuneration minus a cancellation fee of 50%. Once a service provider has been selected, such cancellation is no longer possible.
(3) The customer is obliged to select a suitable application within 14 days and to provide the necessary means of production. Should the customer fail to meet this deadline, the contract shall be automatically terminated by withdrawal and the customer shall be refunded the payment made less a cancellation fee.
(4) After a service provider has submitted a final order delivery, the customer has 7 days to accept the delivery or request a revision. If the customer does not do so within this period, the order is automatically closed and the service provider receives its remuneration.
(5) The Company shall issue an invoice in accordance with the statutory provisions and make it available to the Customer electronically. In the event of default of payment, the Company has the right to refuse to provide the services to the Customer and to block access to the Company until the default has been remedied.
(6) The commissioned video shall be made available for viewing by the customer after it has been created. Downloading and saving as a video file is only possible after the customer has confirmed acceptance of the video.
(7) If the customer defaults on payment, the company has the right to charge additional fees for the expenses incurred.
(8) The customer acknowledges that the company has the right to use the media products created for its own purposes, e.g. in a portfolio.
(9) Should parts of these GTC violate applicable law, the remaining provisions shall remain unaffected and effective.
(10) Swiss law shall apply exclusively. The place of jurisdiction is the registered office of the service provider (Not Nice).
(11) The company reserves the right to amend these GTC at any time and without giving reasons.
(12) The customer undertakes to inform the company immediately of any violations of applicable law or the GTC.
(13) The customer warrants that the content provided by him (texts, images, etc.) does not violate applicable law or the rights of third parties and that he has the right to make this content available.
(14) Should disputes arise between the company and the customer, these shall initially be settled by negotiation. If no agreement can be reached, the place of jurisdiction shall be in accordance with Section 10 of these GTC.
(15) The customer undertakes to indemnify the company against third-party claims that are asserted due to the use of the content provided by the customer.
(16) The company shall not be liable for any damage caused by the use of the content provided by the customer.
(17) The customer agrees that the company may send him offers and information by e-mail. The customer may object to this declaration of consent at any time.
(18) If the customer's contact details change, the customer is obliged to inform the company immediately. These GTC govern the relationship between the Company and the Customer and represent the entirety of the agreements. Deviating or supplementary agreements must be made in writing.
(19) The Customer acknowledges that the Company is not responsible for technical faults or failures beyond the Company's control and that the Company does not guarantee the continuous availability of the Service.
(20) The customer agrees that the company may, upon request, have access to the content provided by the customer in order to check it for accuracy and compliance with applicable laws.
(21) Solicitation of Not Nice Creators: Contracting Parties: This clause applies to all contracting parties, including the Brands (hereinafter referred to as "Brand") and the Agency (hereinafter referred to as "Agency"), in connection with the cooperation with "Not Nice". Definition: A "Not Nice Creator" refers to an individual or entity acting as a Creator for "Not Nice" at the time of entering into this clause. Non-solicitation: Both Brand and the Agency agree that during the term of this Agreement and for a period of 6 months after termination of this Agreement, they will not actively solicit or encourage any Not Nice Creator to cease working with Not Nice.Penalty for non-solicitation: In the event of a breach of the non-solicitation clause under point 3, the guilty party is obliged to pay the other party a fine of CHF 5000.00 (Swiss francs). This penalty is due immediately after the violation is discovered.Reserved legal action: Without prejudice to the fine under clause 4, the non-breaching party reserves the right to take additional legal action to pursue the breach of this clause and claim damages.Period of validity: This clause shall remain in force during the term of the contract and for the period specified in point 3 after termination of the contract.
(22) The customer agrees that the company may grant access to the content provided by it at the request of third parties, provided that thisis required by law or is necessary due to a court order.
(23) The customer agrees that the company has the right to delete his content without prior notice if it violates applicable law or the GTC.
(24) The customer agrees that the company has the right to block or terminate his account without prior notice if he violates the GTC.
(25) The Customer or Creator may not communicate with each other without written consent.
(26) If a Creator receives a job and the products provided directly, he/she must meet the specified deadline. If the deadline is not met without a special reason, the Creator will not receive any payment. In addition, a contractual penalty of CHF 500.00 and the value of the product(s) received will be due after 7 days of the official deadline (unless otherwise agreed with Not Nice).
All rights reserved.
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The place of jurisdiction is Winterthur, Switzerland
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Updated 17.02.2025


Not Nice Subtitles
General Terms and Conditions (GTC) for Not Nice SubtitlesNot Nice (represented by RAS Group GmbH), based in Winterthur, Switzerland, is the operator of the Not Nice platform.The platform can be accessed via the URL: https://notnice.ch
Not Nice Subtitles serves as a plug-in to create SRT files from Mp3 files and thus simplify the creation of subtitles based on CH-German text.

1. purpose and aim:
‍The following agreement governs the use of audio files for anonymous research purposes. The main objective is to ensure that the privacy of the participants is maintained while valuable information is collected and evaluated for research purposes to enable the further development of AI and the optimization of the overall platform.

2. consent:
‍Participants are not informed in advance of the purpose of the recording and do not have to give written consent to the use of their audio data for research purposes as consent is already given upon acceptance of the terms and conditions.

3. anonymization:
‍All personal information contained in the audio files is anonymized before further use. This includes the removal of names, personal identifiers and other sensitive information that would represent a possible link to the creator.

4. data security:
‍Appropriate measures are taken to ensure the security of the audio data. This includes encryption during storage and transmission as well as access only for authorized persons.Not Nice is entitled to use third parties (such as subcontractors, suppliers or other SaaS service providers) to provide its services without restriction. No liability is assumed for the use of data from 3rd parties.To use this tool, the name and e-mail address are required, which are stored at Not Nice and may be used for advertising purposes.

5. storage period:
‍The audio data is stored indefinitely and used for the further development of artificial intelligence. After completion of the study or research or development, the data is securely deleted or anonymized, provided there are no legal obligations to retain it.

6. research ethics and integrity:
‍The audio data is used in compliance with ethical guidelines and standards for research. Any form of misuse or improper use is strictly avoided.

7. public reporting:
‍Only aggregated and anonymized information is used in publications or reports resulting from the research. Individual identities are protected.

8. legal compliance:
‍This agreement takes into account the applicable data protection laws and regulations. Changes in the laws will be reviewed regularly and the agreement will be updated accordingly.

9. contact person for data protection:
‍A designated contact person is appointed for questions relating to data protection and the security of audio data.Further information directly via
info@notnice.io

All rights reserved.
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The place of jurisdiction is Winterthur, Switzerland

Updated 17.02.2025