Terms of Service

Last Updated: 2/5/25

Welcome to nyx (the “Service” or “we, us, our”). These Terms of Service (the “Terms”) govern your use of and access to our website, services, and applications. By accessing or using nyx, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Eligibility

  • Age Requirement: You must be 18 years of age or older to use this Service. By using nyx, you represent and warrant that you meet this age requirement.
  • Location: The Service is operated from the United States. Use of the Service is void where prohibited.

2. User Accounts

  1. Account Creation: To access certain features of nyx, you may be required to create a user account. You agree to provide accurate and complete information and to keep your account information updated.
  2. Security: You are responsible for maintaining the confidentiality of your account credentials.
  3. Account Responsibility: You are responsible for all activities that occur under your account. nyx is not liable for any loss or damage arising from your failure to comply with this section.

3. Acceptable Use

By using nyx, you agree not to:

  • Violate any applicable federal, state, local, or international law or regulation;
  • Post or share any content that is illegal, harmful, harassing, defamatory, abusive, obscene, threatening, or discriminatory;
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
  • Use automated means (e.g., bots, scrapers) to access or use the Service;
  • Interfere with or disrupt the Service, servers, or networks connected to the Service;
  • Engage in any activity that would violate the rights of others, including intellectual property rights, privacy rights, or publicity rights.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including reporting such violation to law enforcement authorities.

4. User Content

  1. Ownership: You retain ownership of any content (text, images, audio, video, etc.) you post or share on nyx (collectively, “User Content”).
  2. License to nyx: By posting or sharing User Content on nyx, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with the operation of the Service.
  3. Content Restrictions: You represent and warrant that:
    • You own or have the necessary licenses, rights, or permissions to post your User Content;
    • Your User Content does not violate any laws or infringe any third-party rights.

5. Intellectual Property

  1. nyx Intellectual Property: All rights, title, and interest in and to the Service, including any software, text, media, scripts, graphics, logos, designs, trademarks, and service marks (excluding User Content) are owned or licensed by nyx. You agree not to use, reproduce, distribute, or create derivative works without our express written permission.
  2. Feedback: Any suggestions, comments, or feedback you provide about the Service may be used by us without any obligation to you.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information about you. By using the Service, you agree to the terms of our Privacy Policy.

7. Termination

  1. Termination by You: You may delete your account and stop using the Service at any time.
  2. Termination by Us: We may suspend or terminate your access to the Service at any time for any reason, including if we believe you have violated these Terms.
  3. Effects of Termination: Upon termination of your account, your right to access the Service and any content stored on the Service will immediately cease. We are not liable for any loss or deletion of your User Content upon termination.

8. Disclaimers

  1. Use at Your Own Risk: Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
  2. No Warranties: We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
  3. Third-Party Content: The Service may include links or references to third-party websites, services, or products that are not under our control. We are not responsible or liable for the content, privacy policies, or practices of any third parties.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will nyx, its officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits or revenues, arising out of or in connection with your use of the Service. In no event shall our total liability exceed the amount you have paid to us in the past twelve (12) months, if any.

10. Indemnification

You agree to defend, indemnify, and hold harmless nyx, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  • Your access to or use of the Service;
  • Your violation of these Terms;
  • Your User Content; or
  • Your violation of any law or the rights of a third party.

11. Governing Law and Dispute Resolution

These Terms and any dispute related to them or the Service will be governed by and construed under the laws of the United States and the state in which we are located, without regard to conflict of law principles. Any claims or legal actions arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in that state, and you consent to personal jurisdiction in those courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the “Last Updated” date above or by notifying you through the Service. Your continued use of nyx after the changes become effective indicates your acceptance of the revised Terms.

13. Miscellaneous

  1. Entire Agreement: These Terms and any referenced policies (e.g., Privacy Policy) constitute the entire agreement between you and nyx regarding the Service.
  2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.
  3. No Waiver: Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

By using nyx, you acknowledge that you have read, understood, and agree to be bound by these Terms.