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PRIVACY POLICYTERMS OF SERVICEPremium Subscription TermsThird-Party Libraries and Open Source LicensesAttribution
Legal & PoliciesTERMS OF SERVICE
PRIVACY POLICYTERMS OF SERVICEPremium Subscription TermsThird-Party Libraries and Open Source LicensesAttribution

TERMS OF SERVICE

Last updated November 6, 2026

 

AGREEMENT TO OUR LEGAL TERMS

We are Nextaix Studio, an independently operated studio based in China ("Company," "we," "us," "our").

 

We operate ShellX - Local ADB Shell Pro (the “App”), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

 

You can contact us by email at support@nextaix.com.

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Nextaix Studio, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We indicate revisions by updating the "Last updated" date and provide notice of material changes where required by applicable law. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted, subject to any notice or consent required by applicable law.

 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

We recommend that you print a copy of these Legal Terms for your records.

 

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PURCHASES AND PAYMENT

5. SUBSCRIPTIONS

6. POLICY

7. PROHIBITED ACTIVITIES

8. USER GENERATED CONTRIBUTIONS

9. CONTRIBUTION LICENSE

10. MOBILE APPLICATION LICENSE

11. THIRD-PARTY WEBSITES AND CONTENT

12. ADVERTISERS

13. SERVICES MANAGEMENT

14. PRIVACY POLICY

15. TERM AND TERMINATION

16. MODIFICATIONS AND INTERRUPTIONS

17. GOVERNING LAW

18. DISPUTE RESOLUTION

19. CORRECTIONS

20. DISCLAIMER

21. LIMITATIONS OF LIABILITY

22. INDEMNIFICATION

23. USER DATA

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US

 

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

· access the Services; and

· download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@nextaix.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

· confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

· to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

· warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

· warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

4. PURCHASES AND PAYMENT

The purchase options depend on the app and the Google Play listing. ShellX is offered as a paid download on Google Play.

Google Play handles payment for these purchases.

Google Play shows available payment methods and the total before you confirm.

Keep your Google Play payment details current. The checkout shows the price, currency and applicable taxes. Changes to subscription prices are governed by section 5.

You agree to pay the charges shown when you confirm your purchase. Pricing errors are handled in accordance with applicable law and Google Play rules.

We may refuse or limit fraudulent or abusive orders, subject to applicable law and Google Play rules.

5. SUBSCRIPTIONS

Billing and Renewal

If you choose an auto-renewing subscription, Google Play charges the price for the billing period shown at checkout and renews it until canceled. Any trial, introductory price and subsequent renewal price are shown before you confirm. See the Premium Subscription Terms.

Cancellation

To stop automatic renewal, open Google Play subscriptions with the Google Account used to purchase and cancel the subscription before renewal. Canceling normally keeps paid access until the current period ends. Uninstalling the app does not cancel a subscription. For help, email support@nextaix.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

6. POLICY

See the Google Play refund policies and, where applicable, the Premium Subscription Terms. Canceling renewal and requesting a refund or exercising a statutory right of withdrawal are separate actions. For purchase assistance or to exercise statutory rights with us, email support@nextaix.com.

 

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

· Use any information obtained from the Services in order to harass, abuse, or harm another person.

· Make improper use of our support services or submit false reports of abuse or misconduct.

· Use the Services in a manner inconsistent with any applicable laws or regulations.

· Engage in unauthorized framing of or linking to the Services.

· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Delete the copyright or other proprietary rights notice from any Content.

· Attempt to impersonate another user or person or use the username of another user.

· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

· Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

· Use a buying agent or purchasing agent to make purchases on the Services.

· Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

8. USER GENERATED CONTRIBUTIONS

The App does not provide a public posting or sharing community. You may send us feedback, diagnostic materials or other content directly ("Contributions"). The Privacy Policy applies to personal information in Contributions you send us. When you provide Contributions, you represent and warrant that:

· The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

· You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

· You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

· Your Contributions are not false, inaccurate, or misleading.

· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

· Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

· Your Contributions do not violate any applicable law, regulation, or rule.

· Your Contributions do not violate the privacy or publicity rights of any third party.

· Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

· Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

9. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

10. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from Google Play or, if an app is distributed there, the Apple App Store (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

 

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

12. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

13. SERVICES MANAGEMENT

We may investigate misuse, protect our rights and the security of the Services, and take lawful action, including reporting suspected unlawful conduct. Any restriction on access is subject to Section 15, applicable law, and the notice and remedies that apply to paid access.

 

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy, which describes how we process personal information, including the use of third-party services.

 

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We may restrict, suspend, or terminate access to the Services, or remove posted content, for a material breach of these Legal Terms, to prevent fraud or abuse, to address a security risk, or to comply with a legal obligation. We will give reasonable advance notice and explain the reason. We may act immediately if necessary to address an urgent security risk, prevent fraud or abuse, or comply with law. In that case, we will notify you as soon as reasonably practicable, unless the law prevents notice. If we restrict, suspend, or terminate paid access, the remedies described in Section 16 apply.

 

If we terminate or suspend your account under this section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

16. MODIFICATIONS AND INTERRUPTIONS

We may change, suspend, or discontinue all or part of the Services for security, compatibility, or legal reasons, or where continued operation is no longer reasonably practicable. We will not charge extra for changes made under this section. If a planned change, suspension, or discontinuance materially affects your access to or use of paid features, we will give reasonable advance notice explaining the reason, what will change and when, and the options available to you. We will provide the notice in a form you can keep where required by law. If urgent security or legal reasons prevent advance notice, we will notify you as soon as reasonably practicable, unless the law prevents notice. Where local law implementing Article 19 of Directive (EU) 2019/770 applies to ongoing supply, a modification that adversely affects your access or use to more than a minor extent requires reasonable advance notice on a durable medium, such as email. The notice will explain the modification, its timing and your options. You may terminate the contract at no cost within 30 days of receiving the notice or of the modification taking effect, whichever is later. This termination right does not apply if we enable you to keep using a conforming version without the modification at no extra cost. If that option is available, the notice will explain it.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. If your access to or use of paid features is materially reduced, interrupted, or ended, you may be entitled to end the affected purchase or subscription, receive a refund for unused prepaid access, or obtain another remedy under the applicable purchase or subscription terms or consumer law. Contact support@nextaix.com for help with these remedies. Nothing in this section limits your mandatory consumer rights.

 

17. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of China. A dispute arising in connection with these Legal Terms may be brought before a court of competent jurisdiction. Sections 17 and 18 do not deprive consumers of mandatory protections under the law that would apply without this choice of law, or access to a court or remedy that applicable law makes available to them.

 

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), either Party may invite the other to try to resolve the Dispute informally within thirty (30) days. Informal negotiations are voluntary. Such informal negotiations commence upon written notice from one Party to the other Party.

Court Proceedings

Either Party may bring a Dispute before a court of competent jurisdiction, subject to Section 17 and applicable mandatory consumer protections. These Legal Terms do not require binding arbitration.

Arbitration by Agreement

After a Dispute arises, the Parties may separately agree to arbitrate it where applicable law permits.

Exceptions to Informal Negotiations

Either Party may go directly to a court of competent jurisdiction for disputes concerning intellectual property rights, theft, piracy, invasion of privacy or unauthorized use, or for any claim for injunctive relief. Informal negotiations do not limit either Party’s right to seek urgent relief or use any remedy available under applicable law.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We may correct errors, inaccuracies, or omissions and update information on the Services. Any correction affecting a confirmed purchase or paid access remains subject to applicable law, required notice or consent, and the applicable purchase or subscription remedies.

20. DISCLAIMER

We provide the Services on an as-is and as-available basis. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not endorse third-party products or services or monitor transactions you make directly with their providers. Applicable law and the paid-access provisions of these terms govern our responsibilities for interruptions, defects, and remedies.

 

21. LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECOVERABLE DIRECT DAMAGES ARE SUBJECT TO THE APPLICABLE LIABILITY LIMIT AND THE EXCEPTIONS IN THIS SECTION. FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH A SUBSCRIPTION AGREEMENT, THE LIABILITY LIMIT IN THE APPLICABLE SUBSCRIPTION TERMS, INCLUDING ITS TWELVE (12) MONTH CALCULATION PERIOD, APPLIES INSTEAD OF THE GENERAL LIMIT IN THIS SECTION. FOR OTHER CLAIMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THESE TERMS DO NOT EXCLUDE OR LIMIT MANDATORY CONSUMER REMEDIES OR LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW US TO EXCLUDE OR LIMIT.

 

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third party only to the extent directly caused by your unlawful use of the Services, infringement of third-party rights, or material breach of these Legal Terms. We may assume control of the defense and request your reasonable cooperation. Any costs recoverable from you must be reasonable, necessary, and recoverable under applicable law. This provision preserves mandatory consumer rights and our responsibility for our own unlawful conduct. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

23. USER DATA

The Privacy Policy describes the information we receive for service operation and support. Command history, shell output and files kept locally are managed on your device. You are responsible for keeping copies of your local data. Mandatory consumer rights and remedies continue to apply.

 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Nextaix Studio, an independently operated studio based in China

support@nextaix.com

 

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