Last Updated: 30-Oct-2025
This Disclaimer governs the effect of extraordinary events on Nihoner.com (“Nihoner,” “we,” “our,” “us”) and the availability of its services.
1. Definition of Force Majeure
A “Force Majeure Event” means any circumstance beyond Nihoner’s reasonable control that directly or indirectly prevents, delays, limits, or disrupts the performance of its obligations.
Force Majeure Events expressly include, but are not limited to:
- Natural phenomena (flood, storm, earthquake, volcanic eruption, fire, drought, lightning, extreme weather);
- Epidemics, pandemics, quarantine restrictions, or health emergencies;
- War, armed conflict, invasion, insurrection, civil unrest, terrorism, sabotage, or embargoes;
- Strikes, lockouts, labor disputes, or shortages of labor, materials, or energy;
- Failures of telecommunications, networks, hosting providers, power grids, DNS, internet backbones, or other infrastructure;
- Cybersecurity events, including hacking, denial-of-service (DDoS), malware, ransomware, or data corruption caused by third parties;
- Failures, downtime, or actions of third-party providers (including but not limited to Stripe, PayPal, Cloudflare, AI/ML model providers, analytics, hosting/CDNs, or communications platforms);
- Governmental actions, sanctions, embargoes, laws, court orders, administrative directives, or regulatory restrictions;
- Transport delays, supply-chain collapse, or unavailability of critical services;
- Any cause reasonably beyond Nihoner’s ability to anticipate, control, or avoid, whether similar or dissimilar to the events listed above.
2. Suspension of Obligations
- During a Force Majeure Event, all of Nihoner’s contractual and legal obligations under these Terms or related policies are automatically suspended without penalty.
- Suspension lasts for the duration of the Force Majeure Event and for a reasonable recovery period afterward.
- Such suspension does not constitute breach of contract, negligence, or failure of duty.
3. Service Availability
- Nihoner strives for high availability but does not warrant uninterrupted, error-free, or 24/7 operation.
- Planned maintenance, upgrades, or security patches may cause downtime.
- Partial availability (e.g., some features working, others offline) shall not be deemed a service failure.
4. Exclusion of Liability & Compensation
To the maximum extent permitted by law:
- Nihoner shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages, including but not limited to:
- loss of data,
- loss of revenue,
- loss of profits,
- loss of opportunity,
- loss of goodwill, or
- third-party claims,
arising from or connected with any Force Majeure Event or service interruption.
- Users are not entitled to refunds, credits, damages, offsets, or compensation of any kind for unavailability, delays, or disruptions caused by Force Majeure Events.
5. Mitigation & Recovery
- Nihoner will take commercially reasonable steps to mitigate the impact of Force Majeure Events and to restore access as soon as practicable.
- Nothing herein requires Nihoner to incur extraordinary expense, risk, or burden in attempting recovery.
6. Final Provisions
- No Waiver: Failure to enforce this Disclaimer does not waive Nihoner’s rights.
- No Exceptions: No oral or implied statements alter this Disclaimer. Only a written agreement signed by Nihoner may override it.
- Survival: This Disclaimer survives termination, suspension, or deletion of any user account and remains enforceable indefinitely.
- Mandatory Law: Nothing in this Disclaimer excludes rights or remedies that cannot legally be waived under applicable mandatory consumer protection law.
7. Governing Law & Jurisdiction
This Disclaimer is governed by the laws of Poland. Exclusive jurisdiction lies with the competent courts of Warsaw, Poland, except where mandatory consumer protections require otherwise.