End User License Agreement

1. Definitions

For purposes of this EULA, the following terms have the meanings set forth below:

• "Application" or "Software" means the Nexify VPN mobile application, including all updates, upgrades, modifications, and accompanying documentation.
• "Device" means any mobile device, smartphone, tablet, or computer on which the Application is installed or accessed.
• "Documentation" means any user manuals, technical specifications, or other written materials provided with the Application.
• "End User" or "You" means the individual or entity that downloads, installs, or uses the Application.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Service" means the VPN services provided through the Application.
• "Subscription" means the paid access to premium features of the Application.

2. License Grant

2.1 Scope of License

Subject to your compliance with this EULA, Nexify grants you a limited, non-exclusive, non-transferable, revocable license to:

2.2 License Restrictions

The license granted in Section 2.1 is expressly conditioned upon your compliance with the following restrictions. You agree that you will NOT:

• Copy, modify, adapt, translate, or create derivative works based on the Application or its underlying technology.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Application, except to the extent expressly permitted by applicable law.
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or on the Application.
• Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer rights to the Application.
• Use the Application to develop a competing product or service.
• Use the Application in any manner that violates applicable laws, regulations, or third-party rights.
• Circumvent, disable, or interfere with security-related features of the Application.
• Use any automated system, including "robots," "spiders," or "offline readers," to access the Application.
• Transmit viruses, worms, malware, or other malicious code through the Application.
• Attempt to gain unauthorized access to any portion of the Application or related systems or networks.
• Share your account credentials or allow others to use your account.
• Use the Application to violate the rights of others or to commit unlawful acts.

3. Ownership and Intellectual Property

3.1 Nexify's Ownership

The Application, including all code, features, functionality, designs, graphics, user interface, software, and all Intellectual Property Rights therein, is and will remain the exclusive property of Nexify LLC and its licensors.

This EULA does not convey to you any ownership interest in or to the Application, but only a limited right of use in accordance with the terms of this EULA.

3.2 Trademarks

NEXIFY, the Nexify logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nexify LLC or its affiliates. You may not use such marks without our prior written permission.

3.3 Reservation of Rights

All rights not expressly granted to you in this EULA are reserved by Nexify. The Application is licensed, not sold, to you.

3.4 Open Source Components

The Application may include open-source software components that are subject to separate license terms. Those components are licensed under their respective open-source licenses, which are available within the Application or on our website.

4. Subscription and Payment Terms

4.1 Subscription Types

The Application offers both free and premium subscription options:

• Free Version: Limited features with restricted bandwidth and server access.
• Premium Subscription: Full access to all features, unlimited bandwidth, and all server locations.

4.2 Payment and Billing

Premium subscriptions are processed through third-party payment platforms (e.g., Apple App Store, Google Play Store). By purchasing a subscription, you agree to pay all applicable fees and taxes.

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before renewal.
• Price Changes: We reserve the right to change subscription prices. You will be notified of price changes in advance.
• Payment Methods: Payment is processed through the platform from which you downloaded the Application.

4.3 Free Trials

We may offer free trial periods for new subscribers. If you do not cancel before the trial ends, your payment method will be charged for the subscription.

4.4 Refund Policy

Refunds are subject to the policies of the platform through which you purchased your subscription (e.g., Apple, Google). Please contact the respective platform for refund requests.

Nexify may, at its sole discretion, issue refunds on a case-by-case basis for exceptional circumstances.

5. Privacy and Data Collection

5.1 Privacy Policy

Your use of the Application is subject to our Privacy Policy, which is incorporated into this EULA by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

5.2 Data We Collect

We collect the following types of information:

• Account Information: Email address, username, and payment information (processed by third parties).
• Device Information: Device type, operating system, unique device identifiers.
• Usage Data: Connection logs, bandwidth usage, and crash reports for troubleshooting.
• Analytics: Anonymized usage statistics to improve the Application.

5.3 No Logging Policy

5.4 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

6. User Obligations and Acceptable Use

6.1 Legal Compliance

You agree to use the Application in compliance with all applicable local, state, national, and international laws and regulations.

6.2 Prohibited Activities

You expressly agree NOT to use the Application or Service for any of the following purposes:

• Engaging in illegal activities, including but not limited to hacking, fraud, identity theft, or cybercrime.
• Violating intellectual property rights, including copyright infringement, piracy, or unauthorized distribution of copyrighted content.
• Distributing or transmitting malware, viruses, worms, Trojan horses, or other malicious code.
• Conducting denial-of-service (DoS) attacks, distributed denial-of-service (DDoS) attacks, or other network attacks.
• Port scanning, network probing, or attempting to breach security measures of any system.
• Sending spam, unsolicited bulk emails, or engaging in phishing activities.
• Accessing or attempting to access content, services, or websites that are illegal in your jurisdiction.
• Harassment, stalking, threats, or intimidation of others.
• Distributing child sexual abuse material (CSAM) or other illegal content.
• Engaging in terrorism-related activities or supporting terrorist organizations.
• Circumventing digital rights management (DRM) or copy protection technologies.
• Reselling, sublicensing, or providing commercial VPN services using our Application.

6.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use strong, unique passwords
• Not share your account with others
• Notify us immediately of any unauthorized access
• Accept responsibility for all actions taken through your account

7. Updates and Modifications

7.1 Application Updates

Nexify may, from time to time, provide updates, upgrades, patches, or new versions of the Application. These updates may:

• Add new features or functionality
• Fix bugs or security vulnerabilities
• Improve performance or stability
• Change or remove existing features

Updates may be installed automatically or may require your manual action. Some updates may be required to continue using the Application.

7.2 Modification of Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. Changes may include:

• Adding or removing server locations
• Modifying pricing or subscription plans
• Changing features or functionality
• Implementing usage limits or restrictions

8. Disclaimers and Warranties

8.1 "AS IS" and "AS AVAILABLE" Basis

8.2 No Guarantee of Security or Privacy

While we implement security measures and employ encryption technologies, we do NOT guarantee that:

• The Application will be completely secure or free from unauthorized access
• Your data will be protected from all security breaches
• The VPN connection will be unbreakable or impenetrable
• Third parties will be unable to intercept or monitor your activities

8.3 No Guarantee of Anonymity

8.4 Internet Connection

The Application requires an active internet connection. You are responsible for obtaining and maintaining all equipment and services needed for internet access.

8.5 Third-Party Services

We disclaim all liability for third-party services, websites, or content accessed through or in connection with the Application.

9. Limitation of Liability

9.1 Maximum Liability

9.2 Applicability

The limitations set forth in this Section 9 apply regardless of:

• The legal theory of liability (contract, tort, strict liability, or otherwise)
• Whether Nexify has been advised of the possibility of such damages
• Whether the limited remedies provided herein fail of their essential purpose

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the limitations and exclusions in this EULA will apply to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nexify LLC, its affiliates, subsidiaries, officers, directors, employees, agents, partners, suppliers, licensors, and representatives from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Application or Service;
• Your violation of this EULA or any applicable laws or regulations;
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• Any content or data you transmit through the Application;
• Your breach of any representations or warranties made herein;
• Any negligent or wrongful conduct on your part;
• Any disputes between you and other users;
• Your failure to comply with our Acceptable Use Policy.

10.1 Defense of Claims

Nexify reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with us in the defense of any such claim.

10.2 Survival

This indemnification obligation will survive the termination of this EULA and your use of the Application.

11. Term and Termination

11.1 Term

This EULA is effective upon your acceptance and continues until terminated by either you or Nexify.

11.2 Termination by You

You may terminate this EULA at any time by:

• Uninstalling and deleting the Application from all your Devices
• Canceling your subscription through the applicable app store
• Ceasing all use of the Service
• Requesting account deletion through our support team

11.3 Termination by Nexify

Nexify may suspend or terminate your access to the Application immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of this EULA
• Violation of our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Requests by law enforcement or government agencies
• Discontinuation of the Service
• Security concerns or threats

11.4 Effect of Termination

Upon termination of this EULA:

• Your license to use the Application immediately terminates;
• You must immediately cease all use of the Application;
• You must uninstall and delete all copies of the Application from your Devices;
• You will not be entitled to any refund of subscription fees, except as required by law;
• All provisions of this EULA that by their nature should survive termination will survive, including Sections 3, 8, 9, 10, 12, and 13.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This EULA and any disputes arising out of or related to this EULA or the Application shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions.

12.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to this EULA or the Application, including any question regarding its existence, validity, or termination, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

12.3 Class Action Waiver

12.4 Exceptions to Arbitration

Notwithstanding the arbitration requirement, either party may:

• Bring an action in small claims court if the claim qualifies
• Seek injunctive or equitable relief in court for intellectual property infringement
• Seek injunctive relief for violations of security or confidentiality obligations

12.5 Informal Dispute Resolution

Before initiating arbitration, you agree to first attempt to resolve the dispute informally by contacting us at legal@nexifyvpn.com. We will attempt to resolve the dispute within 60 days.

13. Export Control and Sanctions Compliance

13.1 Export Restrictions

The Application and underlying technology are subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).

You represent and warrant that:

• You are not located in, organized under the laws of, or a resident of any country subject to U.S. embargo or sanctions;
• You are not identified on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) List, the Denied Persons List, or the Entity List;
• You will not use the Application in violation of any export control or sanctions laws;
• You will not export, re-export, or transfer the Application to any prohibited destination, entity, or person.

13.2 Prohibited Countries

You may not download, install, or use the Application if you are located in or a national of:

• Cuba
• Iran
• North Korea
• Syria
• Crimea region of Ukraine
• Any other country subject to comprehensive U.S. sanctions

14. Apple App Store Specific Terms

If you downloaded the Application from the Apple App Store, the following additional terms apply:

14.1 Acknowledgement

You acknowledge that:

• This EULA is between you and Nexify LLC only, and not with Apple Inc. ("Apple");
• Nexify, not Apple, is solely responsible for the Application and its content;
• Apple has no obligation to furnish any maintenance or support services for the Application;
• Nexify is responsible for addressing any claims by you or third parties relating to the Application or your possession and use of it;
• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple for a refund of the purchase price, and Apple will have no other warranty obligation with respect to the Application;
• Apple is not responsible for addressing any claims relating to the Application, including product liability claims, claims that the Application fails to conform to legal requirements, and claims under consumer protection or similar legislation.

14.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

14.3 Compliance with Laws

You represent that:

• You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country;
• You are not on any U.S. Government list of prohibited or restricted parties.

15. General Provisions

15.1 Entire Agreement

This EULA, together with our Privacy Policy and any other terms referenced herein, constitutes the entire agreement between you and Nexify regarding the Application and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

15.2 Amendments

Nexify reserves the right to modify this EULA at any time. We will notify you of material changes by:

• Posting the updated EULA in the Application
• Updating the "Effective Date" at the top of this document
• Sending you an email notification (if applicable)
• Displaying an in-app notification

Your continued use of the Application after changes become effective constitutes your acceptance of the modified EULA.

15.3 Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from this EULA, and the remaining provisions shall remain in full force and effect.

15.4 Waiver

No waiver by Nexify of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or any other term. Nexify's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this EULA without Nexify's prior written consent. Nexify may assign this EULA or any rights hereunder without your consent. Any attempted assignment in violation of this provision is void.

15.6 Force Majeure

Nexify shall not be liable for any failure or delay in performance under this EULA due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics
• War, terrorism, riots, or civil unrest
• Government actions, embargoes, or sanctions
• Internet or telecommunications failures
• Cyberattacks or security incidents
• Labor disputes or strikes

15.7 Relationship of Parties

Nothing in this EULA creates any agency, partnership, joint venture, or employment relationship between you and Nexify. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

15.8 Language

This EULA is written in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

15.9 Notices

Nexify may provide notices to you via email, in-app notifications, or by posting on our website. You agree that electronic notices satisfy any legal requirement that notices be in writing.

Notices to Nexify should be sent to:

Nexify LLC
Legal Department
Email: legal@nexifyvpn.com

15.10 Survival

The following sections shall survive termination of this EULA: Sections 3 (Ownership), 5 (Privacy), 6.2 (Prohibited Activities), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), 13 (Export Control), and 15 (General Provisions).

15.11 Interpretation

The section headings in this EULA are for convenience only and shall not affect the interpretation of this EULA. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation."

16. Contact Information and Support

16.1 Questions About This EULA

If you have any questions about this EULA or the Application, please contact us at:

16.2 Technical Support

For technical assistance, troubleshooting, or account-related issues, please contact our support team. We provide support via:

• Email support: support@nexifyvpn.com
• In-app support chat (for premium subscribers)
• Help center and knowledge base on our website