Terms of Use — Nexify VPN

1. Agreement to Terms

By downloading, installing, accessing, or using Nexify VPN (the "App" or "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility and User Requirements

To use the Service, you must meet the following requirements:

• You must be at least 13 years of age, or the minimum age required in your jurisdiction to form a binding contract.
• You must have the legal capacity to enter into a binding agreement.
• You must not be prohibited from using the Service under applicable laws or regulations.
• You must provide accurate and complete registration information when creating an account.

3. License Grant and Restrictions

3.1 Limited License

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

• Download and install the App on devices you own or control.
• Access and use the Service for your personal, non-commercial use.
• Use the VPN features and functionality as intended.

3.2 Restrictions

You agree NOT to:

• Modify, adapt, translate, or create derivative works of the Service.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code.
• Remove, obscure, or alter any proprietary notices, labels, or marks.
• Rent, lease, lend, sell, sublicense, or transfer your rights to the Service.
• Use the Service to develop a competing product or service.
• Use automated systems or software to extract data from the Service.

4. User Account and Security

4.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized use of your account.

4.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to accept responsibility for all actions conducted through your account, whether or not authorized by you.

5. Subscriptions and Payments

5.1 Subscription Plans

Nexify VPN offers various subscription plans with different features and pricing. Details of available plans are provided in the App and on our website.

5.2 Payment Processing

• Apple App Store: Subscriptions purchased through the Apple App Store are subject to Apple's payment terms and policies.
• Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
• Price Changes: We reserve the right to modify subscription prices. You will be notified of any changes in advance.

5.3 Free Trials

We may offer free trial periods for new subscribers. To avoid charges, you must cancel before the trial period ends. Free trials are available once per user and cannot be combined with other offers.

5.4 Refund Policy

Refunds for subscriptions purchased through the Apple App Store are subject to Apple's refund policies. Contact Apple Support for refund requests. For other payment methods, please contact our support team.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall NOT use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate the intellectual property rights of others.
• Transmit, distribute, or store material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Distribute viruses, malware, or other malicious code.
• Engage in any activity that could damage, disable, overburden, or impair our servers or networks.
• Attempt to gain unauthorized access to any portion of the Service or related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Engage in any form of network abuse, including port scanning, packet sniffing, or denial of service attacks.
• Use the Service for commercial spamming, bulk email distribution, or unsolicited communications.
• Bypass geographic restrictions or access content that is restricted in your region.
• Share, sell, or distribute your account credentials or subscription access.
• Engage in copyright infringement, piracy, or illegal downloading/sharing of copyrighted materials.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data We Collect

• Account information (email, username)
• Connection logs (for troubleshooting and security purposes)
• Payment information (processed by third-party payment processors)
• Device and usage information

We do NOT log your browsing activity, connection times, or the content of your VPN traffic.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable and uninterrupted Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance or upgrades
• Emergency repairs or security updates
• Network or server failures
• Circumstances beyond our reasonable control

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may add, remove, or change features, server locations, or functionality.

9. Intellectual Property Rights

9.1 Ownership

The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by Nexify LLC or its licensors and is protected by international copyright, trademark, patent, and other intellectual property laws.

9.2 Trademarks

NEXIFY, the Nexify logo, and other Nexify trademarks, service marks, graphics, and logos are trademarks of Nexify LLC. You may not use our trademarks without our prior written permission.

9.3 User Content

You retain ownership of any content you transmit through the Service. However, you grant Nexify a limited license to transmit, process, and encrypt such content solely for the purpose of providing the Service.

10. Third-Party Services and Links

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by Nexify. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

11. Disclaimers and Warranties

No Guarantee of Security

While we implement security measures to protect the Service, we cannot guarantee that the Service will be completely secure or free from unauthorized access, hacking, or other security breaches.

12. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Nexify LLC, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Any content you transmit through the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Termination

14.1 Termination by You

You may terminate your account and stop using the Service at any time by:

• Uninstalling the App from your devices
• Canceling your subscription through your App Store account settings
• Contacting our support team to request account deletion

14.2 Termination by Nexify

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or other government agencies
• Discontinuation or material modification of the Service
• Unexpected technical or security issues

14.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You must delete all copies of the App from your devices
• All provisions of these Terms that should survive termination will remain in effect
• You will not be entitled to any refunds unless required by applicable law

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

15.3 Exceptions to Arbitration

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Unauthorized access to systems
• Violation of confidentiality obligations

You may also bring a claim in small claims court if it qualifies.

16. Export Controls and Sanctions

The Service is subject to U.S. export control and economic sanctions laws and regulations. You represent and warrant that:

• You are not located in, organized under the laws of, or ordinarily resident in any country subject to U.S. embargoes or sanctions
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will comply with all applicable export and import laws and regulations

17. Apple App Store Specific Terms

If you access the Service through an application downloaded from the Apple App Store, the following additional terms apply:

• These Terms are between you and Nexify LLC only, not with Apple Inc.
• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims by you or third parties relating to the App or your use of it.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

18. Changes to Terms of Use

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Effective Date" at the top of this document
• Notify you through the App, by email, or by posting a notice on our website
• For material changes, provide at least 30 days' notice before the changes take effect

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nexify regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

19.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision will not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

Nexify shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

19.6 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority to bind the other.

19.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. User Feedback and Suggestions

We welcome your feedback, comments, and suggestions for improvements to the Service. If you provide us with any feedback, you grant Nexify a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, and distribute such feedback for any purpose without compensation or attribution to you.