Terms of Service

1. Agreement and eligibility

1.1 These Terms govern your use of the Nydhei mobile application (the "App"), operated by NYDHEI LLC ("we," "us," or "our"). By creating an account or using the App, you agree to these Terms.

1.2 You must be at least 13 years old, or the minimum age required in your jurisdiction, to use the App.

2. Accounts and subscriptions

2.1 You are responsible for activity under your account and for keeping your sign-in method secure. Certain features may be offered through subscriptions purchased through the Apple App Store or Google Play.

2.2 Subscription price, renewal, cancellation, and refund terms are presented by the applicable store, and its terms govern your purchase.

3. Your content and acceptable use

3.1 You retain ownership of the content you create in the App. You grant NYDHEI LLC the limited permission needed to store and transmit that content in encrypted form to provide synchronization and backup features.

3.2 You may not use the App to violate the law, infringe the rights of others, distribute malware, disrupt the service, or bypass its security, authentication, encryption, or subscription controls.

4. Intellectual property

4.1 The App, the Nydhei name and logo, and the underlying software are owned by NYDHEI LLC and protected by applicable intellectual property laws. These Terms grant you a limited license to use the App as intended and do not transfer any other rights in our trademarks, branding, or software.

5. Third-party platforms

5.1 If you obtained the App through the Apple App Store, Apple has no obligation to furnish maintenance or support for the App, is not responsible for any product warranties, and is a third-party beneficiary of these Terms with the right to enforce them against you. Corresponding developer distribution terms apply if you obtained the App through Google Play.

6. Disclaimer of warranties and limitation of liability

6.1 The App is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

6.2 To the maximum extent permitted by law, NYDHEI LLC's total liability for any claim relating to the App is limited to the amount you paid us in the twelve months before the claim arose.

7. Indemnification

7.1 You agree to indemnify and hold NYDHEI LLC harmless from any claim, loss, or demand, including reasonable attorneys' fees, arising from your use of the App, your content, or your violation of these Terms.

8. Termination

8.1 We may suspend or terminate your access to the App if you violate these Terms. You may stop using the App and delete your account at any time from within the App.

8.2 Provisions that by their nature should survive termination, including ownership, disclaimers, limitation of liability, and governing law, will survive.

9. Governing law and disputes

9.1 These Terms are governed by the laws of New Jersey, USA, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in New Jersey, USA, and you consent to their jurisdiction.

10. General provisions

10.1 If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

10.2 These Terms, together with the Privacy Policy, are the entire agreement between you and NYDHEI LLC regarding the App, and supersede any prior agreement on the same subject.

10.3 Our failure to enforce a provision is not a waiver of our right to do so later.

10.4 You may not assign these Terms. NYDHEI LLC may assign these Terms in connection with a merger, acquisition, or sale of assets.

11. Changes and contact

11.1 We may update the App and these Terms. Material changes will be communicated as required by applicable law, and the effective date above identifies the version in force.

11.2 Additional store-specific terms may apply when you obtain the App through Apple or Google. Questions can be sent to hello@nydhei.com.