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Terms of Service

Welcome to Nyuna

Siccura Ltd hereunder referred to as the “Company” (“Siccura” Nyuna”, “our”, “we” or “us” and other related pronouns) provides users (each user, “you”) with Nyuna, an “Over the Top” solution to protect and secure various forms of content and unstructured data which includes but is not limited to content such as email and its attachments, text, images, various formats of files, SMS and Instant messages created within Nyuna collectively termed as “Content” for the purposes of these terms.

Please read these Terms of Service (these “Terms”) carefully. These terms explain how you can use Nyuna Services on mobile applications and desktop software (collectively “Nyuna”) provided by Siccura Ltd.

For the purpose of this agreement, “You” means the individual accessing or using Nyuna Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

By installing, accessing, or using our applications (Apps), services, features and or software (together “Nyuna Services”) on Android, iOS or desktop devices, you agree to be bound by the terms of service between you (the “user”) and Siccura Ltd, company registration no. 0749110, registered office at 13 Montpelier Avenue, Bexley, Kent, DA5 3AP, United Kingdom. If you do not agree to be bound by the terms, you may not access or use these Nyuna Services.

If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and group companies, their directors, associates, agents and officers, and all users who access the Nyuna Services through your Account or those associated with your Account to these Terms. In the absence of such an authority, you are not authorised to use the Nyuna Services.

If you are an authorised user of a business entity that has subscribed to the Nyuna Services, you agree to these Terms on behalf of all the users within the business entity, but as an individual in the company, the following paragraph applies to you personally.

  • IF YOU ARE A NYUNA USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, NYUNA AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
 

Compliance With Our Terms

These terms refer to the following additional terms, which also apply to your use of Nyuna:

  1. Privacy Policy, which sets out how we collect, store, and use any personal information of all the users or that of a company, or other legal entity on behalf of which such individual is accessing or using the Nyuna Services, as applicable.
  2. Acceptable and Fair Use Policy, which sets out the rules of good behaviour applicable to your use of our Nyuna Services
  3. Cookies Policy, which sets out the usage of cookies, web beacons, and log files

You must comply with these terms in your use of our Nyuna Services and only use our Nyuna Services as permitted by applicable laws and regulations wherever you may be when you use them.

If you are using our Nyuna Services on behalf of a company, partnership, association, government, or other organisation, you warrant that you are authorised to do so and that you are authorised to bind your organisation to these terms and in such circumstances “you” will include your organisation.

If you do not agree to the terms, you must not use our Nyuna Services.

For users located in the United States or Canada the following country-specific terms will also apply to your use of our Nyuna Services:

  1. Nyuna and you each agree to waive the right to a trial by a judge or jury for all disputes arising directly or indirectly from the use of the Nyuna Services. We and you each agree that if you are a Nyuna user located in the United States or Canada, each of we and you may bring disputes against the other only on its own or your behalf, and not on behalf of any other person or entity, or any class of people.
 

Inconsistencies

To the extent that any of the additional policies are different from these Terms of Service, the relevant terms of the additional policies will apply, except that nothing in those additional policies will (unless expressly indicated otherwise in those additional policies) amend these Terms of Service (which will apply in the event there is any difference).

To the extent that any country-specific terms differ from these Terms of Service, or any of the additional policies, the relevant country-specific terms will apply, regardless of which section of these Terms of Service, is in question.

Registration

You must register to use the Nyuna application using accurate data and may be required to provide your personal current mobile phone number and or email address as the case may be, for use of our Nyuna services.  You agree to receive text messages and or emails (from us or third-party providers) with codes to register for our Nyuna Services.

Account

For the purpose of this agreement an “Account” means a unique account created for You to access our Nyuna Service or parts of our Nyuna Service.

Any account that you create with us is personal to you. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your account. We reserve the right to disable, deactivate, or terminate your account for reasons including but not limited to a violation of our terms.

Encryption Keys

For the purpose of this agreement a “Decryption Key” refers to any of the AES 256 keys used to encrypt the users content and both of the RSA 2048 Private and Public key of each user. To make your content secure, we use the following data encryption standards:

  • We use AES 256 encryption method to secure all your content. Each piece of content has its own randomly generated key. The same AES 256 for the content encrypts and secures a user specific “User Policy File” which determines what that user is able to do and not do with the content when it is unlocked.
  • Each user is allocated a user specific RSA 2048 key pair; a Private RSA key and a Public RSA key. These keys are user specific and generated in the local client at the time of registration.
  • The users Public RSA key is used to encrypt each of their content specific AES 256 keys which was used to secure the user content and the User Policy File for that content. The AES 256 key can only be unsecured by the user specific RSA 2048 Private key which is stored in the user’s client on their device.
 

Security

You understand that you are responsible for safeguarding any passwords, all your Encryption keys of the content generated and or received by you and also the RSA Private Encryption keys associated with your accounts and used to access your account and our Nyuna Services. You must promptly notify us at support@nyuna.com if you know or suspect that your password or account has been compromised.

Address book

You acknowledge and agree to provide us the information of Nyuna users and your other contacts in your mobile phone or device address book on a regular basis. This contact information includes but is not limited to phone numbers and email addresses. This data is solely used for the purpose of convenience to you as a user and such information will be used in line with our Nyuna Privacy Policy.

Data (Content)

By using Nyuna Services, you can connect to your existing email, cloud, and/or local storage accounts for the purpose of using the Nyuna Services and its features, and you agree to give Nyuna Service permission to access your data and or content associated with your existing accounts so that it can be synchronised with the application. No such data and or content will be stored on our servers.

Age

You must be at least 13 years old to use our Nyuna Services (or such greater age required in your country for you to be authorised to use our Nyuna Services without parental approval).  In addition to being of the minimum required age to use our Nyuna Services under applicable law, if you are not old enough to have authority to agree to our terms in your country, your parent or guardian must agree to our terms on your behalf.

Devices and Software

For the purpose of this agreement, “Device” means any hardware that can access the Nyuna Service such as a computer, a cell phone or a digital tablet. You must provide certain devices, software, and data connections to use our Nyuna services, which we otherwise do not supply. For as long as you use our Nyuna services, you consent to downloading and installing updates to our Nyuna services, including automatically.

You agree that to enable you to access certain Nyuna services and functionalities in Nyuna, we may access certain hardware and software on your device, including but not limited to device information, camera, microphone, calendar, and gallery.

You further agree that we may collect information related to your device in accordance and for the purposes mentioned in the Nyuna Privacy Policy. Please refer to the Nyuna Privacy Policy for more details.

Fees and Taxes

You are responsible for all third-party fees and taxes such as carrier data plan associated with your use of our Nyuna Services. We may charge you for our Nyuna Services, including applicable taxes. We may refuse or cancel orders.

Payments

Once you have downloaded Nyuna and activated a free or a paid subscription for our Nyuna Services, you can use all the features associated with such subscription in accordance with the Acceptable and Fair Use Policy.

Terms of payment

Due to their nature, any subscription fees paid for the Nyuna Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid Accounts that are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.

Subscriptions are paid on a regular basis e.g. monthly, yearly or any other regular period, depending on your selection. After the initial term, the subscription is renewed automatically for the same duration until cancelled by you. Credit balances are automatically deducted accordingly. You are responsible for keeping card information in relation with your Account up to date.

If you fail to fulfil your obligation of payment as a user of a paid Account, we may suspend your Account or delete it after an extended period of default.

If you rely on dispute or charge-back mechanisms of third-party payment processors and the result of that mechanism causes the Company to be liable for an amount exceeding the price paid for the Nyuna Services (e.g. dispute fee), you authorise the Company to charge that amount on your Account.

We will not use your billing information for any purposes other than those mentioned in the Nyuna Privacy Policy. You may refer to the same for further details on how we use your billing information.

If you believe that we have charged you in error, you must contact us at: support@nyuna.com within thirty (30) days of such charge. In case of a refund associated with an error, no refunds will be given for any bank charges appearing on your bank statement. In any case no refunds will be given for any charges and refunds associated with an error that are more than thirty (30) days old.

We reserve the right to refuse an error related refund request if we reasonably believe:

  1. That you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product and or subscription.
  2. If you are in breach of any of the terms (including without limitation, the terms of the Service)
  3. If we reasonably suspect that you are using any of our products fraudulently or that your user account is being used by a third-party fraudulently.
 

Your Content

For the purpose of this agreement “Content” refers to content or unstructured data which includes but is not limited to content such as email and its attachments, text, images, various formats of files, SMS and Instant messages (created within Nyuna) or other information that can be posted, uploaded, linked to or otherwise made available by You to secure and protect using the Nyuna services. The meaning of “Content” specifically doesn’t include any type of encryption keys used to protect the “Content” whether such keys are used directly or indirectly to encrypt the “Content”. When you submit, upload, transmit, or display any data in connection with your use of our Nyuna Services, you understand and agree that:

  1. Nyuna is an “Over the Top” application and you can continue to use your existing third-party service providers such as Gmail, Google Drive, and OneDrive.
  2. Your content will continue to be stored/shared via the third-party service provider that you use. Your content does not get synchronised with Nyuna servers.
  3. The use and or access of any content that you share with other Nyuna users can be revoked by you at any time. Likewise, you provide your consent that the use and or access of content that is shared by other Nyuna users with you through Nyuna can also be revoked by them at any time. When the content use and or access is revoked by the Nyuna user an encrypted format of that content may remain on the Nyuna clients and or any third-party service you use; however, you will not be able to read it as it will be encrypted unless you are the owner of the said content.
  4. By using Nyuna you acknowledge and agree that you are responsible for taking a backup of all your AES 256 Encryption keys of the content generated by and or received by you and also of your RSA 2048 Private Encryption keys.
  5. If you choose to secure your backups of any kind (including but not limited to any type of encryption keys) with a password, then you are solely responsible for remembering such password at the time of restoring your backup.
  6. By using Nyuna you can encrypt your Content such as emails, files and photos that are stored on the cloud, and/or local storage provided you have paid for and activated the appropriate subscription.
  7. Content that you encrypt using Nyuna cannot be decrypted and viewed on any third-party platform and will only appear in an encrypted format on any platform other than your Nyuna app which has access to your encryption keys.
  8. You acknowledge that if you uninstall the app without taking a backup of any of your encryption keys you will no longer be able to decrypt your content even if you reinstall Nyuna.
  9. You acknowledge that if you uninstall the app, you will no longer be able to read the content that you had sent, received, shared, and or stored using Nyuna.

In addition, you understand and agree that we and or any of our affiliate or group companies and or any of our directors, officers, employees, associates, agents, and or officers (subject to the terms and applicable laws and regulations):

  1. May be required to retain or disclose your content and or any or all or any of your encryption keys to comply with applicable laws or regulations, or to comply with a court order, subpoena or other legal process. We and or any of our affiliate or group companies and or any of our directors, officers, employees, associates, agents, and or officers may disclose any or all of your content and or any or all of your encryption keys that are in our possession in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose any or all of your content and or any or all of your encryption keys to enforce these terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our Nyuna Services.

When you submit, upload, transmit, or display any data in connection with your use of our Nyuna Services, you understand and agree that if you seek to delete your Personal Data from our Nyuna Services, it may as a technical and administrative matter take some time or not be possible to achieve this. We will not transfer your personal data and content to third-party or any affiliate in any country or territory unless that country or territory ensures an adequate level of protection for your rights and freedoms in relation to the processing, storing and retention of personal data.

Information Collected Through and for Purpose of Audit Trails

In some cases, and particularly when a user subscribes to our audit trail feature, we collect data on user activity for auditing purposes in relation to the content owned by that user. These audit trails log the actions that both the subscribing user and the user with whom that content has been shared perform on the content, such as but not limited to viewing, modifying, or sharing. This allows the subscribing user (Content Owner) of the content to track and monitor how their content is being accessed and used.

For the purpose of these terms of service you understand and agree that:

  1. As a user, audit log data may be collected for any of the content you access using the Nyuna service that is owned by another user
  2. Audit log data for any content owned by another user but that you have accessed will not be under your control and will not be visible to you
  3. Audit log data for any content owned by another user but that you have accessed will not be deleted in the event you uninstall and or delete your account with the Nyuna service
  4. Audit log data for any content owned by another user but that you have accessed is not in your control and therefore you cannot request for such data to be forgotten and or deleted from our servers at any time whilst you are a user of Nyuna service and or at any time after you seize to use the Nyuna service and or at anytime you request your account related data to be deleted and or at anytime for any reasons whatsoever.
  5. Audit log data will also be collected for the content you own in the event you have subscribed for the Audit trail feature. Such logs will be for access to and use of such content by any user including yourself.
  6. In the event you have subscribed for the Audit trail feature, all Audit log data in relation to the content you own will be visible and accessible by you
  7. In the event you have subscribed for the Audit trail feature, you will retain control over all the Audit trail logs of the content owned by you but not over Audit trail logs of content owned by another user. The control includes the ability to delete such logs during your active use of Nyuna service and also after your cease use of the Nyuna service.
  8. For the purpose of these terms, content Owner means the user that first encrypts the data using the Nyuna service. In an unlikely event if two users have identical content before it is encrypted by both users using Nyuna service, such respective content will be deemed to be owned by two separate owners who encrypted such data.

It’s important to note that even when a user who has accessed another user’s content deletes their account with Nyuna, the audit logs pertaining to their activity remain intact for the data owner’s audit purposes. If you are not in agreement with these terms for whatever reasons, you must seize the use of the Nyuna service

Third-Party Content and Services

Our Nyuna Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Nyuna Services or interact with a share button on a third-party website that enables you to send information to your Nyuna contacts. Please note that when you use third-party services, their own terms will govern your use of those services.

  1. We are not responsible for and we do not endorse, support, or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted, or displayed by or linked by our Nyuna Services, including content provided by other users of our Nyuna Services.
  2. You acknowledge and agree that by using our Nyuna Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive, or unlawful.
  3. Any reliance on or use of any content on or accessible from our Nyuna Services by you is at your own risk. Your use of our Nyuna Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Nyuna Services.
  4. We also do not guarantee the quality, reliability, or suitability of any third-party services provided, made available, or linked through our Nyuna Services and we will bear no responsibility or liability for such third-party services.
  5. By using our Nyuna Services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims or other liability arising from or related to your use of any third-party services or by your reliance on any third-party content hosted on Nyuna. If you access third-party services through our Nyuna Services, you must comply with any terms applicable to those services.
  6. If you have any concerns regarding any content on or any other aspects of our Nyuna Services, please contact support@nyuna.com
 

Third-party Software

We are not responsible or liable for and we do not endorse, support, or guarantee the quality, reliability or suitability of any third-party software and or services. Any reliance on or use of such third-party software is at your own risk. By using our Nyuna Services, you expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims, or other liability arising from or related to your use of any third-party software and or services.

You shall be responsible to ensure your compliance with any additional terms that may be applicable to any such third-party software and or services

We do not provide any technical support for any third-party software and or services. Please contact the relevant supplying third party for such technical support.

Open-Source Software

In providing our Nyuna Services we may have used other third-party open-source software and or services. There may be provisions in the open-source software’s and or services license that expressly overrides these terms, in which case such provisions shall prevail to the extent of any conflict with these terms.

We will credit the relevant open-source software and or services (including notifying you of the relevant open-source software terms) within our Nyuna Services, within an appendix to these terms and/or in another manner.

Application Stores

Nyuna can be downloaded from third-party application stores including but not limited to Google Play, and the Apple App Store.

You agree to comply with all third-party terms and conditions and privacy policies applicable to the use of our Nyuna Services. Nyuna shall not be responsible or liable for violation and infringement of any third-party rights or terms and conditions in connection with access, download, or installation of Nyuna by you.

License

Subject to your compliance with the terms, Nyuna shall grant you a licence to use Nyuna and related Nyuna Services, strictly in accordance with the terms, provided that:

  1. You shall not, nor allow third-parties on your behalf to:
  2. Resell or charge others for the use of Nyuna
  3. Duplicate, disassemble, decompile, transfer, exchange, or translate Nyuna, create derivative works of Nyuna of any kind whatsoever or attempt to reverse engineer, alter or modify any part of Nyuna
  4. You warrant to otherwise comply with the terms (hereinafter referred to as the “License”).
  5. For avoidance of any doubt this license is a personal, non-exclusive, non-transferable, non-sublicensable, revocable and a limited license to download and use Nyuna on devices that you own or control.
 

Modifications To Nyuna

As our Nyuna Services and user experiences are constantly evolving, we may from time to time, add, change, modify, discontinue or remove features from our Nyuna Services (including in relation to whether a service is free of charge or not), without cause, temporarily or permanently with or without any notice to you.

You agree that Nyuna shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of Nyuna.

Intellectual Property Rights

All intellectual property rights in or to our Nyuna Services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these terms.

You have no right to use our intellectual property rights. You have no right to use our trademarks or product names, logos, domain names, or other distinctive brand features without our prior written consent.

Any comments or suggestions you may provide regarding our Nyuna Services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where our Nyuna Services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, royalty-free and revocable license to use the software to use our Nyuna Services in accordance with these terms (including any specific technical requirements that relate to the software or its use on your device).

You may not copy, modify, reverse compile, reverse engineer, or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.

We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our Nyuna Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

Limited Warranty and Disclaimer

We warrant to you that we will provide our Nyuna Services using reasonable care and skill. However, the Company does not make any warranty about the reliability of the Nyuna Services or guarantee the security of your (user) data including any content, despite best efforts.

You will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of Nyuna Services.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE OR GROUP COMPANIES NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, AGENTS, OR OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR NYUNA SERVICES, OUR SOFTWARE OR ANY CONTENT AND ANY OR ALL OF THE ENCRYPTION KEYS ASSOCIATED WITH SUCH CONTENT SUBMITTED, TRANSMITTED, OR DISPLAYED BY OUR NYUNA SERVICES, INCLUDING BUT NOT LIMITED TO:

  1. ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR NYUNA SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES.
  2. THAT OUR NYUNA SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE.
  3. THAT OUR NYUNA SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
  4. THAT DUE TO THE ENCRYPTED NATURE OF THE NYUNA SERVICES, THE COMPANY HAS NO ABILITY OR OBLIGATION TO RECOVER YOUR DATA IF YOU MISPLACE ANY OF YOUR ENCRYPTION KEYS.
 

YOU UNDERSTAND THAT NYUNA IS PURELY MEANT FOR YOUR PERSONAL PURPOSES ONLY. WE DO NOT PROVIDE ANY GUARANTEE AS TO THE PERFORMANCE OF OUR NYUNA SERVICES, SOFTWARES OR CONTENT. IN THIS RESPECT YOU EXPRESSLY AGREE TO HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS ARISING FROM PRODUCT LIABILITY AND UNDERSTAND THAT YOU ARE REQUIRED TO TAKE APPROPRIATE PRECAUTIONS AND MEASURES WHILE USING OUR NYUNA SERVICES TO PREVENT MISUSE OF YOUR CONTENT IN ANYWAY.

Liability For Our Nyuna Services and Software

To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate and group companies, our directors, associates, agents and officers for all claims in connection with the terms or our Nyuna Services or software, arising out of any circumstances, will be limited to the lesser of the following amounts:

  1. The amount that you have paid to us for your use of our Nyuna Services or software to which the claim relates in the 6 months immediately preceding the date of the most recent claim.
  2. GBP 25 (twenty-five pounds sterling).

To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate and group companies, our directors, associates, agents and officers of the companies, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of goods, use of the Nyuna Services, business, revenues, anticipated savings, profits, goodwill, loss or corruption of content or data. We shall not in any way be liable to you for:

Notwithstanding any other provisions of the terms, nothing in the terms limits or excludes any of your statutory rights in your jurisdiction, to the extent these may not be excluded or waived under applicable laws and regulations.

You agree that you will be responsible for complying with applicable local law in your jurisdiction for use of the Nyuna Services.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LAWYERS OR LEGAL FEES) ARISING FROM:

  1. YOUR USE OF AND ACCESS TO NYUNA SERVICES
  2. YOUR VIOLATION OF ANY OF THE TERMS
  3. YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS
  4. ANY CLAIM THAT YOUR CONTENT SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY

THE OBLIGATIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE THE TERMS OF SERVICE AND YOUR USE OF OUR NYUNA SERVICES.

Termination

This Agreement commences on the date you accept these terms, that is, on the date you download and install Nyuna on your device. We may terminate or suspend your use of Nyuna services at any time at our discretion, without notice to you.

These terms will apply to your use of our Nyuna Services until access to the relevant services is terminated by either you or us.

We may suspend, deactivate, or terminate your access to your account or any or all our Nyuna Services:

  1. If we reasonably believe that you have breached these terms
  2. If your use of our Nyuna Services creates risk for us or for other users of the services, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation
  3. If you fail to use our Nyuna Services for a prolonged period
  4. For any other reason.

Where reasonably practicable, we will give you notice of any suspension or termination.

Transfer Of Rights and Obligations

You shall not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, without your prior consent.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the terms may be performed despite the Force Majeure Event. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these terms.

Entire Agreement

The terms and conditions contained in this Nyuna Terms of Service, the Nyuna Privacy Policy, and the Nyuna Acceptable and Fair Use Policy represent the entire agreement between you and us in relation to our Nyuna Services and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

You acknowledge and agree that, you have not relied on any representation, undertaking or promise or implied any warranty or thing, whether said by spoken words or in writing except as expressly stated herein.

General

The invalidity of any provision of the terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).

If a court holds that we cannot enforce any part of the terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of the terms.

No delay in enforcing any provision of the terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under the terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of the terms.

The headings in the terms and conditions are for convenience only and have no legal or contractual effect. The terms and conditions fully operate permissible by law.

Our Right to Vary the Terms

We have the right to revise and amend these terms from time to time, so please come back and review them from time to time.

By continuing to use our Nyuna Services after any changes to these terms, with or without notice from us, you are agreeing to the revised Nyuna terms of service.

If you do not agree to the Nyuna Terms of Service, the Nyuna Privacy Policy, the Nyuna and the Nyuna Acceptable and Fair Use Policy, as may be revised from time to time, you may discontinue the use of our Nyuna Services.

You agree that at any point of time, you will be subject to the terms as last revised and in force.

Applicable Law & Jurisdiction

Except to the extent that:

  1. Any applicable additional terms incorporated into the terms provide differently
  2. The applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court including small claims court (or similar court), the terms and any dispute or claim arising out of or in connection with the terms will be governed by the laws of England and Wales.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales; and we (you and us both together) irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement, or its subject matter or formation (including non-contractual disputes or claims).

Language

We may translate these terms into multiple languages, and in the event, there is any difference between the English version and any other language version of these terms, the English version will prevail (to the extent permitted by applicable law).

Updated Version: July 2024