Interpretation and Definitions

Interpretation

Terms in uppercase within this document have defined meanings that remain consistent whether used in singular or plural form.

Definitions

For the purpose of this Disclaimer:

• Application: Refers to the software program provided by Nextiply Interactive Limited.

• Application Store: The digital distribution service operated by Apple Inc.

• Affiliate: An entity that shares control or ownership with the Company.

• Company: Refers to Nextiply Interactive Limited.

• Device: Any electronic device (such as a tablet or smartphone) that can access the Service.

• Free Trial refers to a limited time period that may be offered at no cost when subscribing to a service.

• In-app Purchase refers to the purchase of products, services, or subscriptions made through the Application, subject to these Terms and the Application Store’s policies.

• Subscriptions refer to the services or access provided by the Company on a recurring payment basis.

• Service: Refers to the Application and all services provided through it.

• Terms and Conditions (Terms): The entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service: Refers to services or content provided by third parties through the Service.

• You: The individual or organization using or accessing the Service.

Acknowledgment

These Terms and Conditions constitute the agreement between You and the Company regarding your use of the Service. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of the Terms, You must refrain from accessing the Service.

You confirm that you are at least 18 years old, as individuals under 18 are not permitted to use the Service. Furthermore, You agree to comply with the Company’s Privacy Policy, which outlines how personal information is collected, used, and disclosed. Please review the Privacy Policy before using the Service.

Subscriptions

Subscription Period

Certain features of the Service are only accessible through a paid Subscription. Subscriptions are billed in advance on a recurring basis (e.g., daily, weekly, monthly, or annually), depending on the plan chosen during purchase. At the end of each subscription term, it will automatically renew under the same conditions unless You or the Company cancels it.

Subscription Cancellations

You can cancel your Subscription renewal through your Account settings or by contacting the Company. No refunds will be provided for the fees already paid for the current period, but You will continue to have access to the Service until the end of the Subscription term. If purchased via an In-app Purchase, cancellations must be done through the Application Store.

Billing

If automatic billing fails for any reason, the Company will send an invoice for manual payment within a specified timeframe. For In-app Purchases, billing is managed by the Application Store, which follows its own terms and conditions.

Fee Changes

The Company reserves the right to change Subscription fees at any time. Any fee adjustments will take effect at the end of the current billing cycle, with prior notice given to You. Continued use of the Service after fee changes signifies Your acceptance of the new rates.

Refunds

Except as required by law, Subscription fees are non-refundable. Refund requests may be reviewed on a case-by-case basis at the discretion of the Company. For In-app Purchases, refund policies are governed by the Application Store, and You should contact them directly for such requests.

Free Trial

The Company may offer a Free Trial for a limited period. You may be required to provide billing information to sign up. No charges will be applied until the Free Trial ends. At the trial’s expiration, unless canceled, You will be automatically billed for the selected Subscription plan. The Company reserves the right to modify or cancel the Free Trial at any time without prior notice.

Intellectual Property

The Service, along with its original content, features, and functionality (excluding User-provided content), is and will remain the exclusive property of the Company and its licensors. It is protected by copyright, trademark, and other applicable laws in the country and internationally.

The Company’s trademarks and trade dress may not be used without prior written consent in connection with any product or service that does not belong to the Company.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by the use of any such content or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

The Company reserves the right to suspend or terminate Your access to the Service immediately, without prior notice or liability, for any reason, including a breach of these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes damages for loss of profits, data, business interruption, personal injury, or loss of privacy arising from the use of or inability to use the Service.

Certain states or jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of these limitations may not apply to You. In such cases, liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind. To the fullest extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant that the Service will meet your requirements, operate without interruption, be error-free, or be free of viruses or harmful components. You bear the full responsibility for any damage to your device or data resulting from using the Service.

Governing Law

These Terms and Your use of the Service will be governed by the laws of the country, without regard to its conflict of law provisions. Your use of the Application may also be subject to additional local, state, national, or international laws.

Dispute Resolution

If You have any concerns or disputes about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is deemed unenforceable or invalid, that provision will be amended and interpreted to fulfill its intended purpose to the greatest extent permitted by applicable law. The remaining provisions will continue to be in full force and effect.

Waiver

Failure to enforce a right or provision under these Terms does not constitute a waiver of that right or provision. A waiver of any breach does not imply a waiver of any subsequent breaches.

Translation Interpretation

If these Terms and Conditions are translated into another language, the original English version will prevail in the event of a dispute.

Changes to These Terms and Conditions

The Company reserves the right to modify or replace these Terms at any time at its sole discretion. If a revision is significant, we will provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at the Company’s sole discretion.

By continuing to use the Service after the changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• By email: feedback@nextiplyinteractive.com

• By visiting our website: www.nextiplyinteractive.com