1. Agreement to these terms
These Terms of Use (“Terms”) are a legally binding agreement between you and Nexrage Studios LLC (“Nexrage,” “we,” “us,” or “our”). They apply to our websites (including nexrage.com), web applications, iOS apps, Android apps, and related services (collectively, the “Services”).
By accessing or using the Services, creating an account, or downloading an app, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.
A specific product may have additional terms. If there is a conflict, the product-specific terms control for that product.
2. Who we are
Nexrage Studios LLC
The Star, Frisco, Texas, United States
Email: hello@nexrage.com
Phone: (469) 727-5277
3. Eligibility
You must be at least 13 years old (or the minimum age required in your country) to use the Services. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms.
You may not use the Services if you are barred from doing so under applicable law, including U.S. export control and sanctions laws.
4. Accounts
Some features require an account. You agree to provide accurate information and keep it up to date. You are responsible for all activity under your account and for keeping your credentials secure. Notify us promptly at hello@nexrage.com if you suspect unauthorized access.
We may refuse, suspend, or terminate accounts that violate these Terms or that we reasonably believe create risk for Nexrage, other users, or third parties.
5. License to use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business use.
For mobile apps, this license is limited to:
- iOS: use on Apple-branded devices that you own or control, as permitted by the App Store Terms of Use
- Android: use on devices you own or control, as permitted by the Google Play Terms of Service
You may not:
- Copy, modify, distribute, sell, or lease any part of the Services
- Reverse engineer or attempt to extract source code, except where the law prohibits this restriction
- Remove proprietary notices
- Use the Services to build a competing product
- Circumvent technical protections or usage limits
We and our licensors retain all rights not expressly granted. The Services are licensed, not sold.
6. Apple App Store and Google Play
If you download an app from the Apple App Store or Google Play, the applicable store’s terms also apply. If those store terms conflict with these Terms regarding the store’s relationship with you, the store’s terms control for that relationship.
Apple and Google are not responsible for providing the app, related maintenance, or support. Those obligations belong to Nexrage, as described in these Terms and any applicable store rules.
7. Purchases and subscriptions
Some Services offer paid features, one-time purchases, or auto-renewing subscriptions.
App Store and Google Play purchases
- Payments are charged to your Apple ID or Google account at confirmation of purchase.
- Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period.
- Your account is charged for renewal within 24 hours before the end of the current period.
- Manage or cancel iOS subscriptions in iOS Settings > Apple ID > Subscriptions.
- Manage or cancel Android subscriptions in the Google Play Store under Payments & subscriptions.
- Deleting an app does not cancel a subscription.
Web purchases
Web purchases may be billed by Nexrage or a payment processor. Fees, taxes, renewal terms, and cancellation instructions will be shown at checkout or in your account.
Unless required by law or store policy, fees are non-refundable. We do not control Apple’s or Google’s refund decisions.
Prices may change. If a subscription price changes, we will provide notice as required by law or store rules. Continued use after the change takes effect constitutes acceptance where permitted.
8. User content
You may submit content such as text, images, video, audio, feedback, or other materials (“User Content”). You retain ownership of your User Content. You grant Nexrage a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and otherwise use User Content solely to operate, improve, and provide the Services.
You represent that:
- You have the rights needed to submit the User Content and grant this license
- Your User Content does not infringe others’ rights or violate the law
- Your User Content does not contain malicious code or prohibited material
We may remove User Content that violates these Terms or that we reasonably believe is unlawful, harmful, or inappropriate. We are not obligated to monitor User Content but may do so.
Feedback you send us may be used without restriction or compensation.
9. Acceptable use
You agree not to:
- Violate any law or third-party right
- Harass, abuse, defame, or harm others
- Upload unlawful, pornographic, or exploitative content, including any sexual content involving minors
- Attempt to gain unauthorized access to the Services, accounts, or systems
- Interfere with or disrupt the Services, including by introducing malware or overloading infrastructure
- Scrape, spider, or harvest data except through documented public APIs we expressly allow
- Misrepresent your identity or affiliation
- Use the Services for spam, fraud, or deceptive practices
- Use the Services in any life-support, emergency, or similarly high-risk context where failure could cause injury or death, unless a product expressly states otherwise
10. Intellectual property
The Services, including software, design, text, graphics, logos, and trademarks, are owned by Nexrage or our licensors and are protected by intellectual property laws. “Nexrage,” “Nexrage Studios,” and related marks are trademarks of Nexrage Studios LLC. You may not use our marks without prior written permission.
If you believe content on the Services infringes your copyright, send a notice to hello@nexrage.com with: your contact information; a description of the work; the location of the allegedly infringing material; a statement of good-faith belief; a statement under penalty of perjury that the information is accurate and you are authorized to act; and your physical or electronic signature.
11. Third-party services
The Services may integrate with or link to third-party products, including Apple, Google, maps, payments, analytics, social platforms, and other APIs. We do not control those services and are not responsible for their content, availability, or practices. Your use of them is subject to their terms and privacy policies.
12. Beta and experimental features
We may offer pre-release or experimental features. They are provided as-is, may be unstable, and may be changed or withdrawn at any time. Confidential beta materials may not be disclosed without our permission.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXRAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that content will be accurate or complete. Some features, including AI-generated output, may be incorrect or incomplete. You are responsible for how you use that output.
Some jurisdictions do not allow certain disclaimers. In those places, the disclaimer applies to the fullest extent permitted.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXRAGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO NEXRAGE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).
These limits do not apply to liability that cannot be limited under applicable law.
15. Indemnification
You will defend, indemnify, and hold harmless Nexrage and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your User Content, your use of the Services, or your violation of these Terms or applicable law.
16. Termination
You may stop using the Services at any time and may delete your account where that feature is available, or by contacting us.
We may suspend or terminate access immediately if you violate these Terms, if we discontinue a product, or if we reasonably believe continued access creates risk. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.
17. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except that the federal law of the United States governs arbitration and intellectual property issues where applicable.
Except where prohibited, you and Nexrage agree to resolve disputes exclusively in the state or federal courts located in Collin County or Dallas County, Texas, and you consent to personal jurisdiction there.
If you are a consumer in a jurisdiction that requires a different venue, governing law, or dispute process, that mandatory law controls.
You and Nexrage waive any right to participate in a class action to the extent such waiver is permitted by law.
18. Apple-required terms
The following terms apply to iOS apps obtained from the Apple App Store and are intended to satisfy Apple’s Licensed Application End User License Agreement requirements:
- These Terms are between you and Nexrage only, not with Apple. Apple is not responsible for the app or its content.
- The license granted is a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms.
- Apple has no obligation to provide maintenance or support for the app. Nexrage is solely responsible for those services, to the extent they are offered.
- In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation. Nexrage is responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
- Nexrage, not Apple, is responsible for addressing claims by you or a third party relating to the app or your possession and use of it, including product liability, legal or regulatory failure, and consumer protection claims.
- In the event of a third-party claim that the app or your possession and use of it infringes that third party’s intellectual property rights, Nexrage, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim, to the extent required by these Terms.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the app.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, 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.
19. Google Play terms
For Android apps distributed through Google Play, Google’s Play Terms of Service and Payments Policy also apply. Google is not a party to these Terms and is not responsible for the app. In-app products and subscriptions billed through Google Play are managed through your Google account.
20. General
Changes. We may update these Terms from time to time. The “Last updated” date will change when we do. For material changes, we may provide additional notice. Continued use after the update means you accept the revised Terms. If you do not agree, stop using the Services.
Entire agreement. These Terms, the Privacy Policy, and any product-specific terms are the entire agreement between you and Nexrage regarding the Services.
Severability. If a provision is unenforceable, the remaining provisions remain in effect.
Waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
No third-party beneficiaries. Except for Apple as described in Section 18, these Terms do not create third-party beneficiary rights.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
21. Contact us
Questions about these Terms:
Nexrage Studios LLC
The Star, Frisco, Texas, United States
Email: hello@nexrage.com
Phone: (469) 727-5277
Web: nexrage.com/contact