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.

2.2 The App is free to use. Optional paid features are sold through the Apple App Store or Google Play: Nydhei Pro, an auto-renewing subscription billed monthly or annually, and Creator Pack, a one-time purchase. The price, billing period, and renewal terms of each offer are shown in the App before you buy.

2.3 Subscriptions renew automatically at the end of each billing period until you cancel. You can manage or cancel a subscription from the App (More, then Account, then Manage Subscription) or from your Apple ID or Google Play account settings. Cancellation stops future renewals; the timing and effect of cancellation are set by the store you purchased from.

2.4 Deleting the App or your Nydhei account does not cancel a subscription. Cancel it through the store.

2.5 Payments are processed by Apple or Google, not by us. Refund requests are handled by the store under its own terms, and those 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 services

5.1 The App relies on third-party service providers, including Supabase, RevenueCat, Google Sign-In, Sign in with Apple, and Sentry, to operate. We are not responsible for outages, errors, or losses caused by these providers' systems.

5.2 You must comply with any third-party terms that apply when you use the App, such as the terms of your wireless data or internet service.

6. Apple App Store

6.1 If you obtained the App from the Apple App Store, your license to use the App is governed by Apple's Licensed Application End User License Agreement (the "Standard EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. These Terms supplement the Standard EULA. If they conflict, the Standard EULA prevails. The rest of this section also applies.

6.2 These Terms are between you and NYDHEI LLC only, and not with Apple Inc. ("Apple"). NYDHEI LLC, not Apple, is solely responsible for the App and its content.

6.3 Your license to use the App is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

6.4 NYDHEI LLC is solely responsible for providing any maintenance and support for the App, as described in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.

6.5 NYDHEI LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of NYDHEI LLC.

6.6 NYDHEI LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

6.7 If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, NYDHEI LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.

6.8 Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

7. Google Play

7.1 If you obtained the App from Google Play, these Terms are between you and NYDHEI LLC only, and not with Google LLC ("Google"). Google is not responsible for, and has no liability whatsoever under, these Terms.

7.2 If these Terms conflict with the Google Play Developer Distribution Agreement, that agreement prevails to the extent of the conflict. Your use of Google Play is also subject to the Google Play Terms of Service.

8. Disclaimer of warranties and limitation of liability

8.1 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.

8.2 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.

8.3 Because your task and note content is encrypted before it leaves your device and we do not hold the keys, we cannot recover that content if you lose access to your account or your device. We are not liable for content that becomes unrecoverable because encryption keys were lost.

8.4 Nothing in these Terms limits liability that cannot be limited under applicable law, or the Apple refund described in Section 6.5.

9. Force majeure

9.1 We are not liable for any failure or delay in providing the App caused by events beyond our reasonable control, including natural disasters, internet or power outages, government action, or failures of the third-party services the App depends on.

10. Indemnification

10.1 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.

11. Termination

11.1 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.

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

12. Governing law and disputes

12.1 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.

13. General provisions

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

13.2 These Terms, together with the Privacy Policy and, where Section 6 or 7 applies, the store terms named there, are the entire agreement between you and NYDHEI LLC regarding the App, and supersede any prior agreement on the same subject.

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

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

13.5 You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Changes and contact

14.1 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.

14.2 Questions, complaints, or claims about the App can be directed to NYDHEI LLC, 971 US Highway 202 N, Ste N, Branchburg, NJ 08876, USA, or by email to hello@nydhei.com.