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TERMS OF SERVICE

NYGMA.AI

Last Updated: March 18, 2025

These Terms of Service (“Terms”) govern your access to and use of the Nygma.ai service (“Service”), operated by Genie9 LTD (“Genie9”, “we”, “us”, or “our”), a company registered in England and Wales with company registration number 08669198 and VAT number GB233163438.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

These Terms are complementary to our End User License Agreement (EULA) which governs the license to use the Nygma.ai software application. In case of any conflict between these Terms and the EULA, the EULA shall prevail.

1. SERVICE DESCRIPTION

1.1 Nygma.ai Service. Nygma.ai is a zero-knowledge encrypted cloud storage service that allows you to store, sync, and share files securely. The Service includes:

  • Encrypted cloud storage
  • File synchronization across devices
  • Secure file sharing
  • Advanced security features

1.2 Zero-Knowledge Encryption. The Service employs zero-knowledge encryption, meaning:

  • All encryption and decryption happens on your device
  • We cannot access, view, or decrypt your data
  • We cannot reset your password or recover your data if you lose your password and recovery key

1.3 Service Plans. The Service is offered in various plans:

  • Free Plan: 2 GB storage with basic features
  • Paid Plans: 100 GB, 500 GB, 2 TB, and 5 TB with additional features
  • Pricing is displayed on our website and may be updated from time to time

2. ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation. To use the Service, you must create an account by providing required information and maintaining its accuracy.

2.2 Account Security Responsibilities. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Safeguarding your password and recovery key

2.3 Recovery Key. Upon creation of an encrypted drive, you will be provided with a recovery key. You acknowledge that:

  • The recovery key is your only means of regaining access if you forget your password
  • We do not store your recovery key and cannot recover it if lost
  • Loss of both your password and recovery key will result in permanent data loss

2.4 Age Restriction. You must be at least 16 years old to use the Service. By creating an account, you represent and warrant that you are at least 16 years old.

3. SUBSCRIPTION TERMS

3.1 Subscription Plans. The Service offers both free and paid subscription plans.

3.2 Free Plan. The free plan provides 2 GB of storage with limited features at no cost.

3.3 Paid Subscriptions. Paid subscriptions are subject to the following terms:

  • You will be billed in advance on a recurring basis (monthly or annually)
  • Payment will be charged to your payment method on confirmation
  • Subscriptions automatically renew unless cancelled before the renewal date

3.4 Billing Cycle. The billing cycle depends on your chosen subscription:

  • Monthly: You will be billed every month on the same date
  • Annual: You will be billed once per year on the same date
  • Annual subscriptions may be offered at a discount compared to monthly billing

3.5 Payment Processing. Payment processing is handled by Stripe. By providing payment information, you:

  • Represent that you are authorized to use the payment method
  • Agree to the storage and processing of your payment information by Stripe
  • Authorize us to charge your payment method for the subscription fees

3.6 Price Changes. We may change the price of subscription plans from time to time. Price changes will take effect at the start of the next subscription period.

3.7 Taxes. Prices displayed include applicable taxes where required by law. Tax rates are based on the rates applicable at the time of your billing.

4. CANCELLATION AND REFUNDS

4.1 Cancellation by You. You may cancel your subscription at any time through your account settings. Upon cancellation:

  • You will continue to have access to paid features until the end of your current billing period
  • No refunds will be provided for the unused portion of your current billing period
  • After your billing period ends, your account will revert to the free plan, subject to storage limitations

4.2 Downgrading. If you downgrade your subscription:

  • The change will take effect at the end of your current billing period
  • If your stored data exceeds the storage limit of your new plan, you will need to reduce your storage usage

4.3 Refunds. We offer refunds under the following conditions:

  • Within 15 days of your initial subscription purchase
  • If required by applicable law
  • At our discretion in other circumstances

4.4 Account Deletion. You may delete your account at any time through your account settings. Account deletion:

  • Permanently removes all your stored data immediately
  • Cannot be undone or reversed
  • Terminates your subscription without refund for any unused period

5. ACCEPTABLE USE

5.1 General Rules. You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe the rights of others, including intellectual property rights
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any purpose that is fraudulent, illegal, or harmful

5.2 Prohibited Content. You agree not to use the Service to store, transmit, or share:

  • Content that is illegal, harmful, threatening, abusive, or otherwise objectionable
  • Malware, viruses, or any other malicious code
  • Content that violates any third-party rights
  • Spam or unsolicited commercial content
  • Content that impersonates any person or entity

5.3 Storage Limitations. You agree to:

  • Use storage within the limits of your subscription plan
  • Not artificially manipulate file sizes or engage in other activities to circumvent storage limits

5.4 Geographic Restrictions. The Service is not available in countries subject to U.S. or U.K. export restrictions or sanctions (including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea, Donetsk, and Luhansk regions).

6. SPECIAL SECURITY FEATURES

6.1 Duress Mode. The Service includes a Duress Mode feature that:

  • Allows you to create an alternative password
  • When used, displays decoy content instead of your actual content
  • Is designed to provide plausible deniability in coercion scenarios

6.2 Time Bomb. The Service includes a Time Bomb feature that:

  • Automatically locks or wipes data after a specified period of inactivity
  • Can be configured to your preferred timeout period
  • Helps prevent unauthorized access to forgotten unlocked drives

6.3 Feature Limitations. You acknowledge that:

  • These features are provided as-is without warranty of effectiveness
  • We are not responsible for any consequences arising from the use or failure of these features
  • These features may not be legally protected in all jurisdictions
  • You are solely responsible for configuring these features appropriately

7. CONTENT OWNERSHIP AND RESPONSIBILITY

7.1 Your Content. You retain all rights to the content you upload, store, or share through the Service (“Content”).

7.2 Content License. You grant us a limited license to store, encrypt, decrypt (on your device), and otherwise process your Content solely as necessary to provide the Service.

7.3 Content Responsibility. You are solely responsible for:

  • The accuracy, quality, and legality of your Content
  • Obtaining all necessary rights to store and share your Content
  • Any consequences of storing or sharing your Content

7.4 No Monitoring Obligation. Due to our zero-knowledge encryption architecture, we:

  • Cannot monitor or review your Content
  • Cannot detect illegal or prohibited Content
  • Rely on you to comply with these Terms regarding your Content

7.5 Notification of Violations. If you become aware of any Content that violates these Terms, please report it to support@genie9.com.

8. SHARING AND COLLABORATION

8.1 Sharing Functionality. The Service allows you to share files with others through:

  • Encrypted sharing links
  • Other sharing methods that may be added to the Service

8.2 Shared Content Responsibility. When sharing content, you:

  • Are responsible for ensuring you have the right to share the content
  • Are responsible for the security implications of sharing
  • Understand that shared links may allow access to anyone who has the link

8.3 Zero-Knowledge Sharing. Our sharing functionality maintains zero-knowledge principles:

  • Decryption keys are transmitted securely via URL fragments
  • We do not have access to shared content
  • Recipients can access shared content without creating an account

8.4 Termination of Sharing. You can revoke access to shared content at any time by:

  • Deleting the shared link
  • Other access revocation methods provided by the Service

9. SERVICE LIMITATIONS

9.1 Availability. We strive to maintain high availability of the Service, but do not guarantee uninterrupted access to the Service.

9.2 Technical Limitations. Due to the zero-knowledge encryption architecture:

  • We cannot recover your Content if you lose your password and recovery key
  • We cannot provide server-side search functionality
  • We cannot scan your Content for malware
  • We cannot assist with Content-specific issues

9.3 Maintenance and Updates. We may temporarily suspend access to the Service for maintenance or updates. We will attempt to provide advance notice of scheduled maintenance when possible.

9.4 Backup Responsibility. While we implement redundancy and backup systems for our infrastructure, you are responsible for maintaining your own backups of important data.

10. SERVICE MODIFICATIONS

10.1 Changes to the Service. We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice.

10.2 Feature Changes. We may add, alter, or remove features of the Service at any time.

10.3 Migration. We may migrate your account and Content to a different technical infrastructure or service provider. Such migration will not affect your rights under these Terms.

11. INTELLECTUAL PROPERTY

11.1 Our Intellectual Property. The Service and its original content, features, and functionality are owned by Genie9 and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

11.2 Trademarks. “Nygma.ai,” the Nygma.ai logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Genie9 or its affiliates. You may not use such marks without our prior written permission.

11.3 Feedback. If you provide feedback on the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback into the Service without restriction.

12. THIRD-PARTY SERVICES

12.1 Third-Party Integrations. The Service may integrate with or allow access to third-party services. Your use of such third-party services is subject to their terms of service and privacy policies.

12.2 Third-Party Links. The Service may contain links to third-party websites or services that are not owned or controlled by Genie9. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

13. TERMINATION

13.1 Termination by You. You may terminate these Terms by:

  • Cancelling your subscription through your account settings
  • Deleting your account, which will permanently delete all your Content immediately

13.2 Termination by Us. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if:

  • You breach any terms of these Terms
  • You use the Service in a manner that could cause legal liability to us
  • You engage in fraudulent or illegal activities
  • Your use of the Service poses a security risk

13.3 Effect of Termination. Upon termination:

  • Your right to use the Service will immediately cease
  • All Content in your account will be immediately and permanently deleted
  • Due to the zero-knowledge encryption architecture, Content deletion is irreversible
  • No recovery options will be available after account deletion

14. LIMITATION OF LIABILITY

14.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENIE9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE SERVICE
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION
  • ANY INTERRUPTION OR CESSATION OF THE SERVICE
  • THE DELETION OF YOUR CONTENT OR ACCOUNT
  • THE LOSS OF YOUR PASSWORD OR RECOVERY KEY

14.3 Maximum Liability. IN NO EVENT SHALL GENIE9’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS LIMITATION APPLIES EVEN IF YOU HAVE PAID MORE THAN $100.00 FOR THE SERVICE AND EVEN IF GENIE9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY.

14.4 Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

15. INDEMNIFICATION

15.1 Your Indemnification. You agree to defend, indemnify, and hold harmless Genie9, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party right

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law. These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

16.2 Dispute Resolution. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.3 Class Action Waiver. YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY.

16.4 Time Limitation. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. CHANGES TO THESE TERMS

17.1 Updates to Terms. We reserve the right to modify these Terms at any time. We will notify you of material changes through the Service or via email.

17.2 Continued Use. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

18. MISCELLANEOUS

18.1 Entire Agreement. These Terms, together with the EULA, Privacy Policy, and any additional terms incorporated by reference, constitute the entire agreement between you and Genie9 regarding the Service.

18.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18.3 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Genie9’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment. You may not assign these Terms without Genie9’s prior written consent. Genie9 may assign these Terms without restriction.

18.5 Force Majeure. We will not be liable for any failure or delay in the performance of our obligations under these Terms resulting from any event beyond our reasonable control.

18.6 Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control.

19. CONTACT INFORMATION

19.1 Contact Details. If you have any questions about these Terms, please contact us at:

Genie9 LTD
 3 Shortlands
 W68DA, London
 United Kingdom
 Email: legal@genie9.com

END OF TERMS OF SERVICE

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