1. Acceptance of Terms
By accessing or using any Nexavyn website, product, or service, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you must stop using the service. These terms apply at the company level; individual products may have additional terms that apply alongside these. If product-specific terms conflict with these company terms for that product, the product-specific terms prevail for that product.
2. Eligibility
You must be at least 16 years old to use Nexavyn services. You must also be legally able to enter into a binding agreement under Australian law. By using our services, you represent that you meet these requirements.
3. Use of Services
You agree to use Nexavyn services lawfully and responsibly. You must not:
- Misuse or attempt to exploit our services, systems, or infrastructure.
- Interfere with the operation, security, or integrity of our websites or products.
- Access accounts, systems, or data you are not authorised to access.
- Upload, submit, or distribute harmful, unlawful, abusive, hateful, fraudulent, or otherwise objectionable content.
- Use our services in a way that violates the rights of others or applicable law.
- Attempt to reverse engineer, decompile, or extract source code from our services except where expressly permitted by applicable law.
We may remove content and restrict or terminate access for violations of these rules where reasonably necessary to address a material breach, safety or security risk, or legal obligation.
4. Accounts and Security
Where account access is required, you are responsible for keeping your credentials secure, maintaining accurate account information, and activity you authorise through your account. You are not automatically responsible for unauthorised activity caused by a failure of our security or circumstances outside your reasonable control. You must notify us promptly at support@nexavyn.com if you believe your account has been accessed without authorisation.
5. Intellectual Property
All Nexavyn branding, software, content, and platform design are owned by Nexavyn or its licensors and protected by applicable intellectual property law. We grant you a limited, revocable, non-transferable, non-exclusive licence to access and use our websites and services for their intended purpose in accordance with these terms — including, where a product offers a paid plan, the uses that plan is sold for. What this licence does not permit is copying, selling, modifying, distributing, sublicensing, or otherwise exploiting our software, branding, or content itself, or reselling access to a Nexavyn service to anyone else.
6. Product-Specific Terms
Individual Nexavyn products may have additional legal terms that apply alongside these company-level terms. For GameTab:
If product-specific terms conflict with these company-level terms for a particular product, the product-specific terms prevail for that product to the extent of the conflict.
7. Privacy
Your use of Nexavyn services is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information. Where you use a specific Nexavyn product, the product-specific privacy policy also applies and describes product-level profile fields and personalisation choices. Products distributed through app stores may also be subject to app-store terms, store policies, and product-specific app-store clauses.
8. Disclaimers and Limitation of Liability
Services are provided subject to the guarantees and remedies required by law, including due care and skill where the Australian Consumer Law applies. Subject to those rights, services are provided "as is" and "as available"; we do not promise uninterrupted or error-free operation. To the maximum extent permitted by applicable law, Nexavyn is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill arising from your use of or inability to use our services. Nothing in these terms excludes rights that cannot be excluded under applicable consumer law, including Australian Consumer Law.
9. Indemnification
To the extent permitted by law, you are responsible for reasonable losses and costs arising from third-party claims only to the extent caused by your unlawful content, deliberate misuse, or material breach of these terms. You are not responsible under this clause for loss caused or contributed to by our negligence, breach of these terms, or unlawful conduct. We must take reasonable steps to minimise loss, notify you of a claim, and give you a reasonable opportunity to respond before seeking reimbursement. This clause does not limit any non-excludable consumer right or remedy.
10. Suspension and Termination
We may suspend or terminate access where needed to protect users, enforce these terms, maintain platform integrity, investigate misuse, or comply with law. Action will be proportionate. Where reasonably practicable, we will explain the reason and give you an opportunity to respond or remedy the issue before permanent termination, unless urgent safety, security or legal reasons prevent this. You may contact us to request review. Non-excludable consumer rights and remedies continue to apply.
11. Dispute Resolution
If you have a concern or dispute, we encourage you to contact us first at support@nexavyn.com so we can try to resolve it informally. If a dispute cannot be resolved informally, it will be subject to the governing law in Section 12. Nothing in these terms limits your right to make a complaint to the ACCC or another Australian consumer protection authority.
12. Governing Law
These terms are governed by the laws of Australia. Nothing in these terms excludes rights that cannot be excluded under Australian Consumer Law.
13. Changes to Terms
We may update these terms from time to time. The latest version will always be posted here with an updated "Last Updated" date. For material changes affecting an ongoing service, we will give reasonable advance notice through the relevant service or an available contact address, explain when the change takes effect, and obtain agreement where required. Urgent legal or security changes may take effect sooner with an explanation. Changes do not retrospectively remove accrued rights. You may stop using the affected service; cancellation and any refund rights remain subject to the product terms and applicable law.
14. Severability and Entire Agreement
If any provision of these terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force and effect. These terms, together with our Privacy Policy and any applicable product-specific terms, constitute the entire agreement between you and Nexavyn regarding your use of our services.
15. Contact
For legal or terms-related questions, contact support@nexavyn.com. Typical response time: 1–2 business days.