Legal documents
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the FineButton mobile application, the FineButton website and related pages available at www.nikper.com/finebutton, daily Check-ins, Sounds, Moments, family groups, notifications, and related features and services (collectively, the "Service").
The Service is provided by Nikper LLC, a California limited liability company ("Nikper," "FineButton," "we," "us," or "our"). FineButton is a product and brand operated by Nikper LLC. FineButton is not a separate legal entity.
Nikper LLC's corporate website is www.nikper.com.
The official FineButton website is www.nikper.com/finebutton.
These Terms apply to your use of the Service. If you do not agree to these Terms, you may not use the Service. When you create an account, accept these Terms through the Service, or otherwise take an action that expressly indicates your acceptance of these Terms, you agree to be bound by them.
IMPORTANT NOTICE REGARDING DISPUTES
These Terms contain a binding arbitration agreement and class-action waiver in Section 21. Except for certain disputes and remedies that cannot lawfully be subject to arbitration or waiver, you and Nikper agree to resolve covered disputes individually through binding arbitration rather than in court before a judge or jury.
YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 21.9.
1. FineButton at a Glance
FineButton is a simple daily family ritual designed to help people stay connected in a calm and uncomplicated way.
The Service allows users to make a voluntary daily check-in by tapping the FineButton. People whom you choose to include in your family group may see whether you have completed your check-in for the relevant day.
FineButton also provides Sounds, which may include soundscapes, music, and meditations, and Moments, where users can keep a photo with a few words private or share it with their family group.
FineButton is designed to create a gentle sense of connection and peace of mind.
FineButton is not designed to monitor, supervise, track, control, or verify the safety, health, location, or wellbeing of any person.
2. FineButton Is Not an Emergency Service
FineButton is not an emergency service, SOS service, medical service, personal safety service, location-tracking service, or real-time monitoring service.
FineButton does not:
- Intentionally collect, use, or share your precise location or location history;
- Monitor your physical condition, activity, safety, health, or wellbeing;
- Detect danger, emergencies, accidents, illness, unusual behavior, or distress;
- Verify whether a person is safe, healthy, available, or able to communicate;
- Contact emergency services or other third parties on your behalf;
- Dispatch emergency assistance;
- Send emergency alerts to family members; or
- Guarantee that a check-in, notification, or status will be delivered, displayed, or viewed at a particular time.
A check-in means only that a user completed a check-in through the Service during the relevant day.
A check-in does not confirm the user's:
- Location;
- Physical condition;
- Safety;
- Health;
- Availability;
- Activity;
- Ability to communicate; or
- Continued wellbeing.
A missed, delayed, unavailable, or unrecorded check-in does not mean that an emergency, danger, injury, illness, or other problem has occurred.
FineButton does not guarantee that a family member will notice, interpret, or respond to a check-in or a missed check-in.
Do not rely on FineButton to assess another person's safety, monitor another person, make emergency decisions, or seek emergency assistance.
If you believe that you or another person may be in immediate danger or require urgent help, contact 911 or your local emergency services directly. Do not delay seeking emergency assistance while waiting for, checking, or relying on FineButton.
3. Eligibility
You must be at least 18 years old to create or maintain a FineButton account.
FineButton accounts are intended for adults. Users under 18 may not create or maintain a FineButton account.
If FineButton later introduces features that allow minors to participate in a family group without creating an independent account, those features will be subject to separate age requirements, parental or guardian authorization where required, and applicable law.
You represent and warrant that you have the legal capacity and authority to enter into these Terms.
4. Your Account
You may need to create an account to access certain features of FineButton.
You agree to:
- Provide accurate, current, and complete information;
- Keep your account credentials secure and confidential;
- Promptly notify us of suspected unauthorized access to your account;
- Be responsible for activity occurring under your account;
- Use only your own account; and
- Not impersonate another person.
You may not create an account using false information or use another person's account without authorization.
We may suspend or terminate an account if we reasonably believe that it violates these Terms, applicable law, or the rights or safety of other users.
5. Family Groups and Daily Check-Ins
FineButton allows eligible users to create, join, or leave a family group.
When you participate in a family group, members of that group may see information about whether you have completed your daily check-in, as made available through the Service.
FineButton is designed not to display the exact time of your check-in to other family members.
Family-member access is limited to the information and features made available through the family group.
You understand and agree that:
- Daily check-ins are voluntary;
- FineButton is a gentle habit, not an obligation;
- A missed check-in does not communicate a reason, location, health status, or emergency;
- A completed check-in does not confirm that a person is safe;
- You are responsible for communicating directly with family members when appropriate; and
- FineButton does not replace calls, messages, personal judgment, professional care, emergency services, or safety-monitoring tools.
You may leave a family group through the available account settings, subject to applicable account and technical limitations.
6. Notifications
FineButton may send reminders, account updates, check-in-related notifications, family-group notifications, and other Service-related notifications.
You may manage available notification preferences within the Service or through your device settings.
Notification delivery depends on your internet connection, device settings, operating system, push-notification services, and other third-party systems.
We do not guarantee that any notification will be sent, delivered, received, displayed, or viewed at a particular time.
Enabling notifications is not a guarantee that you or another family member will receive or see a notification.
Do not use Sounds in circumstances where reduced awareness could create a safety risk, including while driving, cycling in traffic, operating machinery, crossing roads, or performing any activity that requires your full attention.
The Service does not provide medical, psychological, therapeutic, or other professional advice.
Sounds are provided for personal enjoyment, relaxation, and quiet moments. They are not medical treatment, therapy, diagnosis, counseling, or professional mental-health care.
Sounds are audio experiences available through FineButton. Depending on the content offered, Sounds may include soundscapes, music, and meditations.
7. Sounds
We may change, update, discontinue, or remove Moments or related features where reasonably necessary for legal, security, technical, intellectual-property, third-party rights, or operational reasons.
Moments are provided for your personal, non-commercial use. You may not sell, transfer, sublicense, copy, distribute, publicly perform, modify, or commercially exploit FineButton-owned content associated with a Moment.
You are responsible for choosing the audience for your Moments and for ensuring that you have the rights and permissions needed to upload or share any photo or text.
Each person may be limited to one Moment per day, according to the feature design in the Service. A date may be associated with a Moment to help you remember when it was created.
Depending on the available settings, you may choose to keep a Moment visible only to yourself (Only Me) or share it with members of your FineButton family group (Family).
Moments allow you to save a photo with a few words. They are designed for meaningful personal memories, not as a public social feed.
8. Moments
9. User Content
FineButton allows you to provide content such as photographs and text for Moments ("User Content").
You retain ownership of your User Content.
By submitting User Content to FineButton, you grant Nikper a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use that User Content solely as reasonably necessary to operate, maintain, provide, secure, and improve the Service and to provide the features you request.
This license does not give Nikper ownership of your User Content.
This license ends when your User Content is deleted from the Service, except to the extent that retention is reasonably necessary for legal, security, backup, dispute-resolution, fraud-prevention, or other legitimate purposes described in our Privacy Policy.
You represent that you have all rights and permissions necessary to provide your User Content and to grant the license described above.
You may not upload or submit User Content that:
- Violates another person's rights;
- Infringes intellectual-property rights;
- Contains unlawful, threatening, abusive, or harmful material;
- Contains malware or malicious code; or
- Violates applicable law or these Terms.
We may remove or restrict User Content that we reasonably believe violates these Terms, applicable law, or the rights of others.
If you choose to visit or use a third-party website or service, your interaction is between you and that third party.
Third-party websites and services are operated independently and are subject to their own terms and privacy policies. Nikper is not responsible for their content, availability, products, services, or privacy practices.
FineButton may contain links to third-party websites or services. These links are provided for convenience and do not mean that Nikper endorses the third party.
10. Third-Party Links
11. Free Service
At launch, FineButton is provided free of charge. No subscription or payment is required to use the features currently offered.
FineButton does not currently offer paid subscriptions or in-app purchases. If this changes, we will provide any required disclosures and update these Terms before paid features or purchases become available, as required by applicable law.
12. Acceptable Use
You agree not to use FineButton to:
- Monitor, stalk, harass, threaten, intimidate, manipulate, or control another person;
- Misrepresent your identity or another person's identity;
- Falsely represent another person's check-in status;
- Access another person's account or family group without authorization;
- Interfere with, disrupt, damage, or attempt to gain unauthorized access to the Service;
- Reverse engineer, decompile, copy, modify, or create derivative works from the Service except where such activity cannot legally be restricted;
- Upload or distribute malware, malicious code, or harmful content;
- Use the Service for unlawful, fraudulent, abusive, or harmful purposes;
- Create the false impression that FineButton provides emergency monitoring, safety guarantees, location tracking, emergency response, or medical care; or
- Violate applicable law or the rights of another person.
We may investigate suspected violations and take appropriate action, including restricting access, suspending or terminating accounts, and cooperating with law-enforcement authorities where required or appropriate.
13. Privacy
Your privacy is important to us.
Our collection, use, storage, retention, deletion, and sharing of personal information are described in our Privacy Policy.
Privacy Policy: www.nikper.com/finebutton/privacy
The Privacy Policy is incorporated into these Terms by reference.
FineButton may process information such as account information, family-group membership, check-in status, User Content, device information, and technical or analytics information as described in the Privacy Policy.
14. Intellectual Property
FineButton and all related content, including software, interfaces, features, designs, logos, trademarks, text, graphics, audio, Sounds, Moments, and other materials, are owned by or licensed to Nikper and are protected by applicable intellectual-property laws.
Subject to your compliance with these Terms, Nikper grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for personal, non-commercial purposes.
Except for this limited license, no rights are granted to you.
You do not acquire ownership of FineButton, its content, or any related intellectual-property rights.
15. Copyright and DMCA
Nikper respects the intellectual-property rights of others.
If you believe that content available through FineButton infringes your copyright, you may submit a copyright infringement notification containing the information required under the Digital Millennium Copyright Act ("DMCA").
DMCA notices should be sent to our designated copyright agent:
Nikper LLC
Attn: DMCA Agent
Mailing Address:
2108 N ST #15174
Sacramento, CA 95816
United States
Email: support@nikper.com
A valid DMCA notice should generally include:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to locate it;
- Your contact information;
- A statement that you have a good-faith belief that the use is not authorized;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- Your physical or electronic signature.
Where applicable, Nikper may remove or disable access to allegedly infringing content and may take appropriate action concerning repeat infringement.
We may maintain a policy of terminating accounts or restricting access for repeat copyright infringement where appropriate.
16. Apple-Specific Terms
If you access FineButton through an Apple device, you acknowledge that:
- These Terms are between you and Nikper, and not Apple;
- Apple is not responsible for the Service or its content;
- Apple has no obligation to provide maintenance or support for FineButton;
- Apple is not responsible for addressing claims relating to FineButton, including product-liability, consumer-protection, privacy, or legal-compliance claims;
- If FineButton fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any applicable purchase price paid for the app, subject to Apple's policies;
- To the maximum extent permitted by applicable law, Apple has no other warranty obligation regarding FineButton; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.
You must comply with applicable Apple terms when using FineButton.
17. Availability and Changes to the Service
We aim to provide a reliable and enjoyable Service.
However, FineButton may be unavailable, interrupted, delayed, incomplete, or inaccurate from time to time.
This may result from internet or mobile-network limitations, device settings, operating-system restrictions, maintenance, third-party service interruptions, software errors, security incidents, or events outside our reasonable control.
We may modify, suspend, or discontinue all or part of the Service at any time.
We do not guarantee uninterrupted, error-free, secure, or always-available access to FineButton.
18. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINEBUTTON IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NIKPER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, AVAILABILITY, AND UNINTERRUPTED OPERATION.
WITHOUT LIMITING THE ABOVE, WE DO NOT GUARANTEE THAT:
- A CHECK-IN WILL BE RECORDED, DISPLAYED, OR RECEIVED;
- A NOTIFICATION WILL BE SENT, DELIVERED, OR VIEWED;
- A FAMILY MEMBER WILL NOTICE OR RESPOND TO A CHECK-IN;
- THE SERVICE WILL BE AVAILABLE AT ALL TIMES;
- SOUNDS OR MOMENTS WILL MEET YOUR EXPECTATIONS;
- THE SERVICE WILL PREVENT HARM;
- THE SERVICE WILL IDENTIFY DANGER;
- THE SERVICE WILL DETECT EMERGENCIES;
- THE SERVICE WILL PROTECT ANY PERSON; or
- THE SERVICE WILL PROVIDE ANY PARTICULAR RESULT.
FineButton does not provide medical, mental-health, emergency, safety-monitoring, legal, financial, or other professional advice or services.
Nothing in these Terms limits consumer rights or warranties that cannot lawfully be waived or excluded.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIKPER, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, LICENSORS, PARTNERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
This includes damages or losses arising from:
- Reliance on FineButton as an emergency, safety-monitoring, medical, or location-tracking service;
- A missed, delayed, unavailable, or unrecorded check-in;
- The failure, delay, or non-delivery of a notification;
- Failure of a family member to notice or respond to a check-in;
- Loss of data, profits, goodwill, business opportunity, or personal time;
- Your use of, inability to use, or reliance on the Service; or
- The conduct, actions, omissions, or content of another user or third party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIKPER'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- The amount you paid to Nikper for the Service during the 12 months before the event giving rise to the claim; or
- USD $100.
Nothing in this Section limits or excludes liability that cannot lawfully be limited or excluded, including liability for:
- Fraud or fraudulent misrepresentation;
- Willful misconduct;
- Gross negligence;
- Death or personal injury to the extent caused by negligence where such limitation is prohibited by law;
- Any liability that may not be excluded or limited under California Civil Code §1668 or any successor provision; or
- Any other liability that applicable law does not permit us to exclude or limit.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the extent permitted by applicable law.
20. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Nikper, its affiliates, members, managers, officers, employees, licensors, partners, and service providers from third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising directly from:
- Your User Content infringing or violating a third party's intellectual-property, privacy, publicity, or other rights; or
- Your intentional and unlawful use of the Service to harass, threaten, defraud, or cause harm to another person.
This indemnification obligation does not apply to claims arising from Nikper's own negligence, gross negligence, willful misconduct, fraud, or violation of applicable law.
21. Binding Arbitration and Dispute Resolution
21.1 Informal Resolution First
Before starting arbitration or a lawsuit, you agree to first contact us at:
or by mail at:
Nikper LLC
Mailing Address:
2108 N ST #15174
Sacramento, CA 95816
United States
Your notice should include your name, contact information, a description of the dispute, and the relief you seek.
The parties will attempt in good faith to resolve the dispute informally.
21.2 Agreement to Arbitrate
Except for the limited exceptions described below, you and Nikper agree that any dispute, claim, or controversy arising out of or relating to these Terms, FineButton, or the Service will be resolved by binding individual arbitration under the Federal Arbitration Act, to the extent applicable.
Arbitration means that a neutral arbitrator, rather than a judge or jury, will decide the dispute.
The arbitration will be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules, as modified by these Terms and applicable law.
If applicable law or the AAA Consumer Arbitration Rules provide greater consumer protections or procedures than these Terms, those protections will apply.
21.3 Small Claims Exception
Either party may bring an individual claim in small-claims court if the claim qualifies for that court.
The filing of a small-claims action does not waive any otherwise applicable rights concerning disputes that are not within the jurisdiction of the small-claims court.
21.4 Public Injunctive Relief
Nothing in these Terms is intended to waive or prohibit any right to seek public injunctive relief that cannot lawfully be waived under applicable California law.
To the extent a claim for public injunctive relief must, under applicable law, be heard by a court rather than an arbitrator, that claim may proceed in a court of competent jurisdiction.
Any claims that are legally required to be arbitrated will remain subject to arbitration to the maximum extent permitted by law.
21.5 Class-Action and Representative-Action Waiver
To the maximum extent permitted by applicable law, you and Nikper agree that any dispute subject to arbitration will be brought and resolved only on an individual basis and not as a class action, collective action, consolidated action, representative action, private-attorney-general action, or other proceeding in which either party acts or seeks relief on behalf of other persons.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
This provision does not waive, restrict, or prohibit any right or remedy that cannot lawfully be waived under applicable law, including any right to seek public injunctive relief where such waiver is prohibited by California law.
If any portion of this waiver is found unenforceable, that portion will be severed or limited to the minimum extent necessary, and the remainder of this Section and the arbitration agreement will remain effective to the fullest extent permitted by law.
21.6 Arbitration Location and Procedure
If you live in the United States, arbitration may take place by telephone, video conference, through written submissions, or in the county where you live, unless you and Nikper agree otherwise or applicable law requires a different arrangement.
The arbitrator may award any individual relief that would be available in court under applicable law.
21.7 Arbitration Fees
Payment of arbitration filing fees, administrative fees, and arbitrator fees will be governed by the applicable AAA Consumer Arbitration Rules and applicable law.
Nothing in these Terms requires you to pay arbitration fees that applicable law or the applicable AAA rules require Nikper to pay.
Nikper will timely pay fees for which it is responsible under applicable law, applicable AAA rules, or a valid arbitration agreement.
21.8 Jury Trial
If a dispute is required to be resolved through arbitration, the dispute will be decided by the arbitrator rather than a judge or jury.
Nothing in these Terms is intended to create a separate pre-dispute waiver of a jury trial for claims that are permitted to proceed in court.
21.9 Arbitration Opt-Out
You may opt out of this arbitration agreement within 30 days after first accepting these Terms.
To opt out, email support@nikper.com with the subject line "Arbitration Opt-Out" and include:
- Your full name;
- The email address associated with your FineButton account; and
- A clear statement that you wish to opt out of arbitration.
Opting out of arbitration will not affect your ability to use FineButton.
21.10 Severability
If any portion of this arbitration agreement, class-action waiver, or related provision is found unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will remain effective to the fullest extent permitted by law.
If applicable law requires a particular dispute, claim, or remedy to proceed in court, that dispute, claim, or remedy may proceed in court while the remaining arbitrable disputes remain subject to arbitration.
22. Governing Law
These Terms and any dispute not subject to arbitration are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-law principles.
If a dispute is permitted to proceed in court rather than arbitration, you and Nikper agree that it will be brought in a state or federal court with appropriate jurisdiction in California, unless applicable law requires otherwise.
Nothing in these Terms limits consumer rights that may apply under the law of your state or country of residence.
23. Termination
You may stop using FineButton at any time.
We may suspend or terminate your access to the Service if we reasonably believe that you:
- Violated these Terms;
- Created a material legal or security risk;
- Harmed or threatened another person;
- Used the Service for unlawful or fraudulent purposes; or
- Used FineButton in a manner materially inconsistent with its intended purpose.
Upon termination, your right to use the Service ends.
Termination does not automatically delete information that Nikper is legally required or otherwise permitted to retain under the Privacy Policy.
Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, User Content, disclaimers, limitation of liability, indemnification, arbitration, governing law, and dispute resolution.
You may request deletion of your account as described in our Privacy Policy.
24. Changes to These Terms
We may update these Terms from time to time.
If we make a material change, we will provide reasonable notice through the Service, by email, at www.nikper.com/finebutton, or through another reasonable method where required by law.
For material changes to the arbitration agreement, class-action waiver, or other dispute-resolution provisions, we will require you to affirmatively accept the revised Terms before those changes apply to you. Unless and until you accept such changes, the prior version of the dispute-resolution provisions will continue to apply to disputes between you and Nikper.
For other material changes affecting your legal rights, or other significant terms, we may require you to affirmatively accept the revised Terms before continuing to use affected features.
If you do not agree to a revised version of these Terms, you may stop using the Service.
The updated Terms will become effective on the date stated at the top of the revised version.
25. General Provisions
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the agreement between you and Nikper regarding the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
Nikper's failure to enforce any provision of these Terms does not constitute a waiver of that provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law.
Nikper may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or similar transaction.
26. California Notice
If you are a California consumer and the Service is subject to California Civil Code §1789.3, you may contact the California Department of Consumer Affairs Complaint Assistance Unit.
Nikper LLC
Mailing Address:
2108 N ST #15174
Sacramento, CA 95816
United States
Email: support@nikper.com
California Department of Consumer Affairs
Complaint Assistance Unit
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
This notice is provided in accordance with applicable California law.
27. Contact Us
If you have questions about these Terms or FineButton, please contact us:
Nikper LLC
Mailing Address:
2108 N ST #15174
Sacramento, CA 95816
United States
Corporate Website: www.nikper.com
FineButton Website: www.nikper.com/finebutton
Email: support@nikper.com
Privacy Policy: www.nikper.com/finebutton/privacy
Terms of Service: www.nikper.com/finebutton/terms