Terms of Service

Last updated: April 10, 2026

1. Agreement to Terms

By accessing or using Nicherly ("the Service"), operated by South Arc Digital LLC ("we," "us," "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms constitute a legally binding agreement between you and South Arc Digital LLC.

2. Description of Service

Nicherly is a local business intelligence platform that helps digital marketing agencies identify prospective clients. The Service provides:

  • Aggregated, publicly available business data from sources such as Google Business Profiles
  • Automated gap analysis scoring businesses across six quality dimensions
  • AI-powered audit reports and personalized outreach recommendations
  • White-labeled report generation for agency use
  • CRM pipeline tools for tracking prospects
  • Market intelligence dashboards

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. By using Nicherly, you represent that you meet these requirements. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these terms.

4. Account Registration

To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

5. Subscriptions, Credits, and Payment

5.1 Trial Period

New accounts receive a 14-day trial with a limited number of credits. No credit card is required for the trial. When the trial expires, you must subscribe to a paid plan to continue using credit-based features.

5.2 Paid Subscriptions

Paid plans are billed monthly through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. Credits are allocated at the start of each billing cycle and do not roll over to subsequent months.

5.3 Credits

Certain actions on Nicherly consume credits (e.g., unlocking prospect details, running audits, generating reports). Credit costs are displayed before each action. Credits have no cash value and are non-transferable. Unused credits expire at the end of each billing cycle.

5.4 Refunds

Subscription payments are non-refundable except where required by applicable law. If you cancel your subscription, you retain access to paid features until the end of your current billing period. Credit top-up purchases are non-refundable once credits have been used.

5.5 Price Changes

We may change subscription prices with 30 days' notice. Price changes will take effect at the start of your next billing cycle after the notice period.

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Scrape, harvest, or systematically extract data from the Service beyond normal platform usage
  • Resell, sublicense, or redistribute Nicherly data or reports except as explicitly permitted (white-labeled reports shared with your prospective clients are permitted)
  • Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
  • Use the Service to send unsolicited bulk communications (spam) in violation of CAN-SPAM or equivalent laws
  • Interfere with or disrupt the Service or impose an unreasonable load on our infrastructure
  • Use automated tools (bots, scripts) to access the Service without our written permission
  • Misrepresent your identity or affiliation when using Nicherly-generated reports or outreach materials

7. Business Data and Accuracy

Nicherly aggregates publicly available business information and generates scores, analyses, and recommendations using automated systems including artificial intelligence. You acknowledge that:

  • Business data may not always be current or accurate, as it is sourced from third-party platforms that update on their own schedules
  • Gap scores, opportunity assessments, and revenue estimates are algorithmic approximations, not guarantees of business performance or outcomes
  • AI-generated content (summaries, outreach emails, priority actions) should be reviewed before use — you are responsible for the accuracy and appropriateness of communications you send
  • We do not guarantee that using Nicherly will result in any specific business outcome, client acquisition, or revenue

8. White-Label Reports

You may customize reports with your agency's branding (name, logo, colors) and share them with prospective clients. By doing so, you represent that:

  • You have the right to use the branding you upload
  • You will not misrepresent the data or analysis in the reports
  • You understand that the report content is generated by Nicherly and you are responsible for verifying its accuracy before sharing

9. Intellectual Property

The Service, including its design, features, code, algorithms, and brand, is owned by South Arc Digital LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Service.

Reports and outreach content generated through your account are licensed to you for your business use. We retain the right to use aggregated, anonymized data to improve the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUTH ARC DIGITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Indemnification

You agree to indemnify and hold harmless South Arc Digital LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

You may cancel your account at any time through your account settings or by contacting us. We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees. Upon termination, your right to use the Service ceases immediately, though we will retain your data for 30 days in case you wish to reactivate.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Texas. You waive the right to participate in class action lawsuits.

15. CAN-SPAM Compliance

If you use Nicherly to generate outreach emails, you are responsible for ensuring compliance with the CAN-SPAM Act and any applicable anti-spam laws. This includes: clearly identifying commercial messages, including a valid physical address, providing an opt-out mechanism, and honoring opt-out requests within 10 business days.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or by posting a notice on the Service. Your continued use after changes are posted constitutes acceptance of the updated Terms. If you disagree with the changes, you may cancel your account.

17. Contact Us

South Arc Digital LLC
Email: legal@nicherly.com