Terms of Use

1. Account Registration and Use

1.1 Account Creation

To use NestifyPro, you must create an account by providing:

• A valid email address
• A secure password
• Your name and business information (optional)

1.2 Account Eligibility

You must meet the following requirements to create an account:

• Be at least 13 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

1.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access to your account

1.4 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2. License Grant

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on devices you own or control
• Access and use the Application for your personal or internal business purposes

2.2 License Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the Application
• Reverse engineer, decompile, or disassemble the Application
• Rent, lease, lend, sell, redistribute, or sublicense the Application
• Remove, alter, or obscure any proprietary notices on the Application
• Use the Application for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Application

3. Subscription Plans and Payments

3.1 Subscription Options

NestifyPro offers the following subscription plans:

3.2 Auto-Renewal

Important Information About Auto-Renewable Subscriptions:

• Monthly Subscription: Your subscription will automatically renew every month and you will be charged AU$2.99 through your Apple ID account
• Yearly Subscription: Your subscription will automatically renew every year and you will be charged AU$29.99 through your Apple ID account
• Renewal Timing: Your subscription will renew within 24 hours before the end of the current period
• Cancellation: You can cancel auto-renewal at any time by turning off auto-renewal in your Apple ID account settings at least 24 hours before the end of the current period
• Current Period: Your subscription cannot be cancelled during the active subscription period

3.3 Payment Processing

All subscription payments are processed through Apple's In-App Purchase system:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Prices are shown in Australian Dollars (AUD)
• Prices may vary by region based on your App Store location
• All payments are subject to Apple's terms and conditions

3.4 Managing Your Subscription

To manage or cancel your subscription:

1. Open the Settings app on your iOS device
2. Tap your name at the top
3. Tap "Subscriptions"
4. Select "NestifyPro"
5. Choose to cancel or modify your subscription

Alternatively, you can manage subscriptions through the App Store app on your device.

3.5 Free Trial (If Applicable)

If we offer a free trial period:

• The trial duration will be clearly specified at the time of subscription
• You will not be charged during the trial period
• Your subscription will automatically convert to a paid subscription at the end of the trial unless cancelled
• You must cancel at least 24 hours before the trial ends to avoid being charged

3.6 Refund Policy

All subscription purchases are processed through Apple's In-App Purchase system. Refund requests must be submitted to Apple, as we do not have the ability to process refunds directly. To request a refund:

1. Visit reportaproblem.apple.com
2. Sign in with your Apple ID
3. Find your NestifyPro subscription purchase
4. Select "Report a Problem" and follow the prompts

Refunds are subject to Apple's refund policies and are granted at Apple's sole discretion.

3.7 Price Changes

We reserve the right to modify subscription prices. You will be notified of any price changes in advance. Price changes will take effect at the start of your next subscription period after the notice period.

4. User Content and Data

4.1 Your Data

You retain all ownership rights to the data and content you create, upload, or store in the Application ("User Content"), including:

• Customer information
• Project data
• Invoices and quotes
• Tasks and notes
• Uploaded files and documents

4.2 License to Your Content

By uploading or creating content in the Application, you grant us a limited license to:

• Store your content on our servers
• Display your content back to you within the Application
• Backup your content for data recovery purposes
• Process your content to provide Application features

We will NOT: Use your content for any other purpose, share it with third parties (except service providers necessary for operation), or use it for advertising or marketing without your explicit consent.

4.3 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with applicable laws and regulations

4.4 Prohibited Content

You agree not to upload or create content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Violates intellectual property rights
• Contains viruses, malware, or harmful code
• Impersonates others or misrepresents your affiliation
• Contains spam or unsolicited promotional content

4.5 Data Backup

While we perform regular backups of our systems, you are responsible for maintaining your own backups of important business data. We recommend regularly exporting your data for safekeeping.

5. Privacy and Data Protection

Your use of the Application is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices, including:

• What information we collect
• How we use and protect your information
• Your data rights and choices
• How to access, export, or delete your data

6. Service Availability and Modifications

6.1 Service Availability

We strive to provide reliable access to the Application, but we do not guarantee that:

• The Application will be available at all times without interruption
• The Application will be error-free or completely secure
• Defects will be corrected within a specific timeframe

6.2 Maintenance and Updates

We may perform scheduled or emergency maintenance that may temporarily restrict or prevent access to the Application. We will attempt to provide advance notice of scheduled maintenance when possible.

6.3 Modifications to the Service

We reserve the right to:

• Modify, suspend, or discontinue any feature of the Application
• Update the Application to improve functionality or security
• Change the Application's design, features, or functionality

We will provide reasonable notice of material changes when possible.

7. Termination

7.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" feature in the Application settings
• Contacting our support team at [email protected]

Account deletion will permanently remove your account and all associated data from our servers.

7.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Your account poses a security risk
• We are required to do so by law

7.3 Effect of Termination

Upon termination:

• Your right to use the Application will immediately cease
• Your account and data will be deleted according to our data retention policies
• Active subscriptions will be cancelled (subject to Apple's refund policies)
• Provisions of these Terms that by their nature should survive termination will survive

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Application and its original content, features, and functionality are owned by LiniveK Core Dev Studio and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"NestifyPro" and associated logos are trademarks of LiniveK Core Dev Studio. You may not use these trademarks without our prior written consent.

8.3 Third-Party Rights

iOS is a trademark of Apple Inc. This Application is not affiliated with, endorsed by, or sponsored by Apple Inc.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

9.2 Limitation of Liability

9.3 Essential Purpose

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless LiniveK Core Dev Studio, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Application
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before filing a formal legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiations.

11.3 Jurisdiction

If informal resolution is unsuccessful, you agree that any legal action or proceeding shall be brought exclusively in the courts of Australia, and you consent to personal jurisdiction in such courts.

12. General Provisions

12.1 Changes to Terms

We may modify these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you via email or in-app notification
• Provide at least 30 days notice before changes take effect

Your continued use of the Application after changes become effective constitutes your acceptance of the revised Terms.

12.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LiniveK Core Dev Studio regarding the Application and supersede all prior agreements and understandings.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.4 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 our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided herein.

12.7 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13. Apple-Specific Terms

These terms apply to your use of the Application on iOS devices:

13.1 Acknowledgment

You acknowledge that these Terms are between you and LiniveK Core Dev Studio only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Application and its content.

13.2 Scope of License

The license granted to you is limited to a non-transferable license to use the Application on an Apple-branded product that you own or control and as permitted by the Apple App Store Terms of Service.

13.3 Maintenance and Support

LiniveK Core Dev Studio is solely responsible for providing maintenance and support for the Application. Apple has no obligation to furnish any maintenance or support services.

13.4 Warranty

LiniveK Core Dev Studio is solely responsible for any product warranties. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the Application.

13.5 Product Claims

LiniveK Core Dev Studio, not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including:

• Product liability claims
• Claims that the Application fails to conform to legal or regulatory requirements
• Claims arising under consumer protection or similar legislation

13.6 Intellectual Property Rights

In the event of any third-party claim that the Application infringes intellectual property rights, LiniveK Core Dev Studio, not Apple, will be responsible for the investigation, defense, settlement, and discharge of such claim.

13.7 Legal Compliance

You represent and warrant that:

• You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country
• You are not listed on any U.S. Government list of prohibited or restricted parties

13.8 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you as a third-party beneficiary.

13.9 Contact Information

For questions, complaints, or claims regarding the Application, contact:

LiniveK Core Dev Studio
Email: [email protected]