Conditions générales
Last Updated and Effective as of February 2nd, 2025.
Please read these terms and conditions carefully before visiting our website or using Our Products & Services.
Interpretation and Definitions
By accessing or using the niuday.com Website (the “Website”), you are entering into an agreement with NiuDay (“Company”, “NiuDay”, “we”, “us”, or “our”) and agreeing to abide by the Terms of Use outlined herein. These Terms of Use, along with any incorporated documents, govern your use of the Website and its content, functionality, and services. We strongly advise you to carefully read and review these Terms of Use and the Privacy Policy before using the Website.
Your use of the Website constitutes your acceptance and legal agreement to be bound by these Terms of Use and our Privacy Policy, available at https://www.niuday.com/legal/privacy. If you do not agree to these terms or the Privacy Policy, please refrain from accessing or using the Website.
The NiuDay Website is intended for individuals who are 18 years of age or older. By using the Website, you confirm that you are of legal age and meet the eligibility requirements. If you do not meet these criteria, you are not authorized to access or use the Website.
Definitions
The following terms shall have the meaning given to them in this section. Any other capitalized term not included in this section or any other section of these Terms of Use shall have the meaning given to it in the respective document that references these Terms of Use. For clarity, any reference to the singular also includes the plural, and every reference to a gender also includes any other gender.
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than fifty (50) % of the voting interests of the subject entity, or otherwise having the power to govern the financial and operating policies or to appoint the management of the subject entity.
Customer means the individual, legal entity, organization, daycare, preschool, or kindergarten entering into an agreement with NiuDay for the purchase and use of NiuDay products and services.
Customer Data means all data and content provided by the Customer, including but not limited to images, photos, first names of children or staff, daycare names, and other identifying information required to create and personalize NiuDay products.
Customer Personnel means the employees, independent contractors, agents, or sub-contractors of the Customer and/or its Affiliates, including daycare staff and administrators.
Content or Information or Materials refers to all data provided by any User through the NiuDay website or services. This may include names, images, email addresses, shipping addresses, and any other details necessary for the production of NiuDay products.
Documentation means any manuals, guides, instructions, or other materials provided by NiuDay describing the functionality, features, or requirements of NiuDay products and services.
Force Majeure means an unforeseeable event beyond the control of NiuDay that cannot be remedied or avoided by the exercise of reasonable diligence, including but not limited to: (i) acts of God; (ii) acts of government; (iii) pandemics; (iv) civil unrest; (v) strikes; (vi) supply chain disruptions affecting production or shipping.
Offer means the commercial arrangement between NiuDay and the Customer, detailing the services and products purchased, including applicable fees and shipping costs.
Party means either NiuDay or the Customer individually, whereas “Parties” means both NiuDay and the Customer collectively.
Permitted Use means that the Customer is entitled to use the NiuDay products and services exclusively for personal, educational, or institutional purposes in strict accordance with these Terms.
Sensitive Personal Data means personal data provided by the Customer related to children, staff, or caregivers that may be protected under Swiss GDPR (nLPD) and European GDPR regulations, including images, names, and other identifying details.
Subscription Fees means the annual fees paid by the Customer for the continued use of NiuDay products and services, where applicable. Subscription plans may include access to free magnetic photos, customization features, and other benefits.
Subscription Plans refer to different service levels offered by NiuDay, which may be billed on a recurring basis. A Subscription Plan may include an initial Standard Period followed by an Extension Period.
Third-Party Products and Services means any independent third-party services not licensed directly by NiuDay, including payment processing, website hosting, and external printing or shipping providers.
Trial Period refers to a limited time during which a Customer may use specific NiuDay services for free to evaluate the product before committing to a purchase or subscription.
User means any natural person authorized by the Customer to use NiuDay’s website and services, including daycare personnel, administrators, parents, and other authorized individuals.
NiuDay™ means the company providing educational tools for preschools, kindergartens, and daycare centers, including but not limited to interactive visual boards, personalized magnets, and other related products.
NiuDay Website refers to www.niuday.com, where Customers can explore, purchase, and manage their NiuDay products and services.
NiuDay Products & Services refer to the physical and digital solutions provided by NiuDay to Customers, including interactive educational tools, personalized content, and optional subscription-based features.
3. Usage of NiuDay Website and Services
3.1 Usage Rights
During the term of the agreement, NiuDay grants the Customer a limited, non-exclusive, non-transferable right to access and use the NiuDay Website and Services for the purpose of purchasing and customizing NiuDay products, including but not limited to personalized educational boards and magnetic materials.
The Customer does not acquire ownership of any content, trademarks, logos, or intellectual property related to NiuDay, unless explicitly granted in writing by NiuDay. All rights beyond the permitted use remain the sole property of NiuDay.
The NiuDay Website requires an internet connection for access. The Customer is responsible for ensuring the necessary hardware and software (e.g., PC, tablet, browser) to use the platform efficiently. Any resale, sublicensing, or redistribution of NiuDay products, trademarks, or website content is strictly prohibited without prior written consent.
NiuDay trademarks, including the name, logos, designs, and product visuals, are the exclusive property of NiuDay. Unauthorized use of these trademarks for commercial or promotional purposes is strictly prohibited.
3.2 Prohibited Uses
Customers and visitors must comply with applicable laws and the following usage restrictions:
Unlawful Activities – The website must not be used in any manner that violates Swiss, EU, or international laws.
Misuse of Content – Customers may not reproduce, distribute, resell, or modify any NiuDay materials, including product designs, without authorization.
False Information – Users must not provide false personal information or impersonate any individual or organization.
Disruptive Activities – Attempting to hack, overload, or disrupt the proper functioning of the website is prohibited.
Automated Access – The use of bots, scrapers, or automated tools to extract information from the website is not allowed.
Malware or Harmful Content – Uploading viruses, trojans, or any malicious software that could compromise the security of the platform is prohibited.
Unauthorized Access – Users must not attempt to access restricted sections of the website or interfere with other users’ accounts or data.
NiuDay reserves the right to suspend or terminate accounts that violate these terms.
3.3 User Contributions
NiuDay may offer interactive services, allowing users to upload photos, names, and customization details for product personalization. Users submitting any personal or daycare-related content must ensure they have the right and necessary permissions to share that data.
By submitting content to NiuDay, you grant us the right to:
Process and print the materials for the sole purpose of fulfilling your order.
Store personal photos only for the necessary period (maximum 14 days after order completion).
Use anonymized insights (without personal details) to improve product offerings.
Users must ensure that uploaded content:
Does not infringe on third-party copyrights or privacy rights.
Does not contain inappropriate, offensive, or unlawful material.
NiuDay reserves the right to reject, remove, or delete any submissions that do not meet content standards or violate privacy laws.
3.4 Monitoring and Enforcement
We reserve the right to:
Remove any content that violates legal or ethical standards.
Restrict access or terminate accounts that engage in unauthorized use of the website.
Cooperate with law enforcement if required in the case of misuse, fraud, or violations of data privacy laws.
By using our service, users waive any liability claims against NiuDay related to content moderation or enforcement actions taken under these terms.
3.5 Content Standards
All User Contributions (such as uploaded images and text for customization) must adhere to the following content standards:
Prohibited Content:
Hate speech, abusive, violent, obscene, or discriminatory content.
Copyrighted images or logos without permission.
Misleading or deceptive information.
Material that violates children's privacy rights.
Any violations may result in removal of content, account suspension, or legal action if necessary.
3.6. NiuDay Subscription & Data Upload Service
As part of NiuDay's product customization service, customers may upload personalized information and photos (e.g., children's and staff names and images) for printing. This service does not grant unlimited storage—uploaded data is deleted within 14 days after order fulfillment.
This subscription-based service is subject to the following conditions:
Users must provide accurate information and ensure they have permission to submit children's photos.
The data is used only for printing and delivery and is not shared or sold to third parties.
Users acknowledge that NiuDay is not responsible for any incorrect or unauthorized data submissions.
3.7 Operations & Platform Availability
NiuDay strives to maintain an operational website and ensure secure transactions. However:
We do not guarantee uninterrupted access due to maintenance, updates, or external disruptions.
We may modify or discontinue services at our discretion, with prior notice when possible.
Customers must report website issues promptly for resolution.
4. Third-Party Services & Content
4.1 Third-Party Content on the Website
The NiuDay website may feature content from third parties, including partners, users, suppliers, and licensors. The views expressed in such content are solely those of the respective third parties and do not necessarily reflect the opinions or endorsements of NiuDay. We are not responsible for the accuracy, reliability, or completeness of third-party content displayed on our website.
4.2 Third-Party Service Providers
NiuDay may engage third-party subcontractors to facilitate and support its Services, including but not limited to:
Printing and manufacturing partners (for the production of NiuDay boards, magnetic cards, and accessories)
Logistics and shipping providers (for order fulfillment and delivery)
Payment processing services (to securely handle transactions)
While we carefully select these providers, NiuDay is not responsible for their independent business operations, policies, or any service interruptions caused by them. However, where legally permissible, NiuDay assumes responsibility for the actions of its subcontractors only to the extent that NiuDay itself would be accountable for its own actions under these Terms.
4.3 Third-Party Products & Services
If customers choose to use third-party products or services in connection with NiuDay (e.g., third-party design software for customized print submissions or external payment providers), such usage is entirely governed by the respective third party’s terms and conditions.
NiuDay does not provide support, guarantees, or liability for third-party products or services.
Customers agree not to hold NiuDay responsible for any issues arising from third-party products, including privacy practices, data handling, or service failures.
By choosing to integrate external services with NiuDay (e.g., submitting files through a third-party platform), customers acknowledge that their data may be shared to facilitate that integration.
Third-party service providers are not subcontractors of NiuDay, and any claims or disputes related to third-party services must be handled directly with the third-party provider.
5. Intellectual Property & Ownership
5.1 Ownership of Intellectual Property
NiuDay and its licensors retain all rights, title, and interest, including but not limited to intellectual property rights, in:
The NiuDay™ brand, logo, and trademarks
All product designs, including boards, magnetic cards, and any associated educational materials
The NiuDay website, platform, and services, including its content, software, and design elements
Any improvements, modifications, or derivative works based on the NiuDay platform and services
You may not use, reproduce, distribute, modify, or create derivative works of any part of NiuDay's intellectual property without prior written consent from NiuDay. Unauthorized use of our trademarks, branding, or copyrighted materials is strictly prohibited.
5.2 Customer-Provided Content
Customers retain ownership of the personal content they provide for customized orders, including:
Photos of children and staff uploaded for personalized photo badges
Daycare or kindergarten names used for custom board printing
By submitting these materials, customers grant NiuDay a limited, non-exclusive, royalty-free license to use the content solely for the purpose of producing, fulfilling, and delivering their orders. All personal data, including uploaded images, are deleted within 14 days after order completion in accordance with our Privacy Policy.
5.3 Your Right to Post Content
NiuDay’s platform may allow users to post or submit content, such as reviews, testimonials, feedback, or other contributions (collectively, “User Content”). You are solely responsible for the User Content you post, ensuring that it is legal, reliable, and appropriate.
By posting User Content to the Service, you:
Grant NiuDay a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, modify, publicly perform, publicly display, reproduce, and distribute your content across our platform, marketing materials, and other services.
Retain any ownership rights in your content but allow other users to view and interact with it as part of the NiuDay Service.
Represent and warrant that:
The content is yours or you have legal permission to use and share it.
Your content does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other legal rights of a third party.
NiuDay reserves the right to remove, modify, or restrict any User Content that is deemed inappropriate, offensive, unlawful, or in violation of these Terms.
5.4 Copyright & Trademark Protection
The NiuDay website, product designs, and materials are protected by copyright, trademark, and other intellectual property laws in Switzerland and internationally. Reproduction, redistribution, or resale of NiuDay’s products and content without explicit authorization is strictly prohibited.
If you believe that any content on our website infringes your intellectual property rights, please contact hello@niuday.com with a detailed notice of the alleged infringement. We will review and take appropriate action in compliance with applicable copyright laws, including the Swiss Copyright Act and, where applicable, the Digital Millennium Copyright Act (DMCA).
5.5 Reporting Intellectual Property Infringement
If you are a copyright owner or authorized representative and believe that copyrighted content has been improperly used or copied on the NiuDay platform, you may submit a copyright infringement notice by emailing hello@niuday.com with the following details:
A detailed description of the copyrighted work
The URL or specific location of the allegedly infringing content
Your contact details (name, address, phone number, email)
A statement confirming that you have a good faith belief that the use is not authorized
A declaration, under penalty of perjury, that the information in your notice is accurate
Upon receipt of a valid complaint, NiuDay reserves the right to remove infringing content and take appropriate legal action if necessary.
By using our services, you agree not to infringe on NiuDay’s intellectual property rights and acknowledge that all content, unless explicitly stated otherwise, remains the exclusive property of NiuDay.
6. Data Protection
Both parties affirm that any collection, use, and processing of Customer Data containing personal data (“Customer Personal Data”) will comply with all applicable data protection laws, including but not limited to:
The Swiss Federal Act on Data Protection (nLPD)
The EU General Data Protection Regulation (GDPR)
NiuDay will only process Customer Personal Data as required to fulfill its contractual obligations for product customization, order fulfillment, and customer support. We do not sell or share personal data with third parties beyond what is necessary to provide our services (e.g., printing and delivery partners). Customer Personal Data is processed in accordance with NiuDay’s Privacy Policy and relevant Data Processing Agreements (DPA) where applicable.
Customers remain responsible for ensuring that any photos or data provided for custom orders comply with data protection laws and that they have the necessary consent to share the information.
7. Marketing & Use of Customer References
By purchasing from NiuDay, customers grant permission for their daycare or kindergarten’s name and general feedback to be used for promotional purposes, such as testimonials, case studies, and marketing materials.
NiuDay will never use personal data, images of children, or other sensitive information for marketing purposes without explicit written consent from the customer.
If a customer wishes to opt out of reference usage, they may notify hello@niuday.com, and we will ensure that their name and organization are not mentioned in any promotional materials.
8. Indemnification
8.1 NiuDay’s Indemnification
NiuDay shall not be held liable for any misuse of its products, including but not limited to:
The misuse of personal data uploaded by the customer
Any modifications or alterations made by the customer to the product after delivery
Customer’s failure to obtain consent for the use of personal data (e.g., photos of children for personalized badges)
Customers agree to indemnify and hold NiuDay harmless from any claims, legal actions, or disputes arising from their improper use of NiuDay products or services.
In the event of a third-party claim concerning data protection, copyright, or product liability, NiuDay will promptly notify the customer and provide reasonable assistance while allowing the customer to handle the legal defense.
8.2 Customer’s Indemnification
Customers shall defend, indemnify, and hold NiuDay harmless against any legal disputes arising from:
The unauthorized use of uploaded images
Any claims that NiuDay’s services infringe on intellectual property rights (except where NiuDay is solely responsible)
The use of NiuDay products outside their intended purpose
If a claim against NiuDay arises from customer-provided content, the customer agrees to cover all related legal costs, provided they are given an opportunity to resolve the claim first.
If any NiuDay product is found to infringe on intellectual property rights, NiuDay may, at its discretion:
Modify the product to ensure compliance
Provide an alternative solution with similar functionality
Issue a refund for any prepaid, unused services
This indemnification does not cover issues arising from customer misuse, unauthorized modifications, or third-party integrations beyond NiuDay’s control.
9. Limitation of Liability
9.1 General Liability
NiuDay, its affiliates, and subcontractors shall not be liable for any damages, losses, or claims arising from:
Errors, interruptions, or defects in service, including but not limited to loss, alteration, corruption, or destruction of customer data.
Indirect, incidental, or consequential damages, including lost business, lost profits, or the cost of obtaining substitute goods or services.
Damages caused by Force Majeure, including but not limited to natural disasters, government actions, strikes, cyber-attacks, or unforeseen disruptions beyond our control.
Any claim exceeding the total amount paid by the customer for the product or service in the previous 12 months from when the first claim was made.
Regardless of any knowledge of potential damages, NiuDay shall not be held liable for any special, incidental, punitive, or consequential damages.
9.2 Product Use and Customer Responsibility
NiuDay provides physical products for early childhood education, and while we ensure high safety and quality standards, we do not control how products are used once delivered. Customers are responsible for:
Ensuring appropriate supervision of children when using NiuDay products.
Using the product only as intended and following any instructions provided.
Verifying accuracy of personalized elements (e.g., names, photos) before placing an order.
NiuDay shall not be liable for any claims arising from improper use, modification, or failure to follow provided guidelines.
9.3 Exclusions
These limitations do not apply in cases of:
Death or personal injury caused by negligence.
Fraud or intentional misconduct by NiuDay.
Gross negligence or willful violation of applicable laws.
In jurisdictions where limitations of liability are restricted, NiuDay's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The NiuDay products and services are provided to you "AS IS" and "AS AVAILABLE", without any guarantees, warranties, or assurances of any kind, either express or implied. To the maximum extent permitted by applicable law, NiuDay, on behalf of itself, its affiliates, licensors, and service providers, disclaims all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Warranties arising from course of dealing, trade practice, or performance expectations.
Any representation that NiuDay products or services will meet your specific requirements or expectations.
Without limiting the above, NiuDay does not guarantee that:
The products or website will function without interruption, delays, or errors.
Any defects or errors will be corrected.
The website, its servers, or emails sent by NiuDay are free from viruses, malware, or other harmful components.
Any information provided on the website, product materials, or packaging is completely accurate, reliable, or up to date.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on consumer rights. In such cases, the exclusions and limitations stated in this section apply to the maximum extent permitted by law.
11. Confidential Information
At NiuDay, we prioritize the security and confidentiality of all personal and business information shared with us. This section outlines how confidential information is handled, in accordance with our Privacy Policy, which provides further details on data protection practices.
Definition of Confidential Information
“Confidential Information” refers to any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), either verbally or in written form, that is marked as confidential or should reasonably be considered confidential based on its nature and the circumstances of disclosure.
Confidential Information includes but is not limited to:
Personal data provided by customers (such as names, photos, and daycare names for personalized products).
Business and operational details (such as pricing, marketing strategies, product development, and technology used).
Terms and conditions of agreements between NiuDay and its users, suppliers, or partners.
Technical data, product blueprints, and any proprietary methodologies used in NiuDay products and services.
However, Confidential Information does not include any data that:
Is publicly available at the time of disclosure or becomes publicly available without breach of this agreement.
Was lawfully known to the Receiving Party before disclosure.
Is lawfully received from a third party without restrictions on disclosure.
Is independently developed by the Receiving Party without reliance on the Confidential Information.
Is disclosed with prior written consent from the Disclosing Party.
Protection and Use of Confidential Information
The Receiving Party must protect Confidential Information using at least the same level of care it applies to its own confidential data, but no less than reasonable industry standards. Confidential Information may only be disclosed to employees, affiliates, independent contractors, or service providers who have a strict need-to-know and are bound by confidentiality obligations similar to those outlined in this section.
If the Receiving Party is legally required (e.g., by court order or government regulation) to disclose Confidential Information, it must notify the Disclosing Party in advance, where legally permitted, and cooperate with any protective measures requested.
The Receiving Party remains responsible for any unauthorized disclosure of Confidential Information by itself or any third party to whom it was lawfully disclosed. If a breach occurs, the Disclosing Party may seek equitable relief, including injunctive measures, in addition to any other remedies available under applicable laws.
This confidentiality agreement supersedes any previous agreements between the parties regarding confidentiality. The obligations outlined in this section remain in effect even after the end of the business relationship, as long as there is a reasonable need to protect such information.
For further details on how we handle customer and business data, please refer to our Privacy Policy.
12. Indemnification
You agree to defend, indemnify, and hold harmless NiuDay, its affiliates, licensors, service providers, employees, officers, directors, agents, and suppliers from any claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising from:
Your violation of these Terms of Use.
Your improper use of our Website, Products, or Services.
Any misuse or misrepresentation of personalized content, such as uploaded photos or names for custom orders.
13. Place of Fulfillment
All orders and services provided by NiuDay are processed and fulfilled in Switzerland.
14. Clause of Severability
If any provision of this Agreement is found to be invalid, unenforceable, or incomplete, the remaining provisions shall remain in full effect. The invalid provision shall be replaced by a legally permissible alternative that aligns as closely as possible with the original intent.
15. Additional Provisions
This Agreement, along with any appendices, amendments, and auxiliary agreements, is valid only in written form. Any modifications require a signed written agreement between both parties.
Both parties acknowledge that electronic signatures (via email or an electronic signature service) hold the same legal validity as physical signatures.
NiuDay reserves the right to update these Terms of Use when necessary. Users will be notified of any substantial changes. The updated version supersedes prior versions and takes effect at the beginning of the next applicable order cycle or subscription period.
16. Governing Law and Jurisdiction
These Terms of Use and any disputes arising from them shall be governed by Swiss law, without regard to conflict of law principles.
Any legal action related to these Terms or the Website, Products, or Services shall be brought exclusively before the competent courts of Lausanne, Switzerland. However, NiuDay reserves the right to take legal action in your country of residence if necessary.
17. Dispute Resolution
If you have any concerns or disputes regarding the Service, you agree to first attempt an informal resolution by contacting NiuDay at hello@niuday.com.
If no resolution is reached, disputes may be subject to mediation or arbitration under Swiss law.
18. Limitation on Time to File Claims
Any claim or cause of action related to these Terms of Use or the Website must be filed within one (1) year from the date of the incident. Claims made after this period shall be permanently barred.
19. Waiver and Severability
No waiver of any provision in these Terms of Use shall be considered a continuing waiver.
If any provision is found invalid, the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms of Use, together with our Privacy Policy, form the entire agreement between NiuDay and the user. They supersede all prior agreements, understandings, and representations, whether written or verbal.
21. Contact Information
For any questions, concerns, or legal notices regarding these Terms of Use, you may contact us:
📧 Email: hello@niuday.com
🌍 Website: www.niuday.com