NEXUSWARE MASTER SUBSCRIPTION & LICENSE AGREEMENT

Last Updated: October 6, 2025

NOTICE: This Agreement contains binding arbitration terms, disclaimers, and limitations of liability that will apply to your legal rights. By accessing, installing, or using the NexusWare Service, you are expressly agreeing to be bound by all terms, conditions, disclaimers, limitations, and obligations hereof. If you do not agree, do not access, install, or use the Service.

ARTICLE I: DEFINITIONS

1.1 Key Terms

For purposes of this Agreement, the following terms have the following meanings:

Account – Your unique login information, profile information, and any identifiers associated therewith utilized to access the Service.

Service – NexusWare's proprietary game improvement software, including all executable code, libraries, modules, APIs, interfaces, updates, patches, enhancements, and associated services under this Agreement.

Subscription – Short-term paid license allowing access to the Service for the term of purchase. Subscriptions are entirely manual; NexusWare has no auto-renew capability.

User Content – Any data, settings, configurations, comments, or other information entered, created, or stored by you while using the Service.

Third-Party Platforms – Game publishers, developers, and service providers, without limitation: Steam, Epic Games, Riot Games, Activision Blizzard, Electronic Arts, and any and all associated anti-cheat, account management, or security systems.

Pro-Rated Refund – A pro-rata portion of your paid subscription time calculated, where applicable in limited circumstances as detailed in this Agreement.

Force Majeure Event – Any event outside the reasonable control of NexusWare, including natural disaster, cyberattack, government action, pandemic, infrastructure failure, or Third-Party Platform software updates to the Service.

ARTICLE II: ACCEPTANCE OF TERMS AND MODIFICATIONS

2.1 Binding Agreement

In installing, accessing, or using the Service, you acknowledge:

You are 18 years of age and above with the legal capacity to make this Agreement.

You understand that this Agreement is a binding contract.

You agree to be bound by all provisions, including disclaimers, limitation of liability, and arbitration provisions.

2.2 Amending Terms

NexusWare may at any time modify this Agreement. Material changes—price, refund policy, or dispute resolution provisions—will be delivered by email to your registered address 30 days prior.

2.3 Agreement to Amended Terms

Continued use of the Service following notice of 30 days constitutes acceptance of the revised terms. If you do not consent:

Cancel your subscription yourself before the date the changes take effect.

Request pro-rata refund where entitled by law.

ARTICLE III: SIGN-UP, SECURITY, AND ELIGIBILITY

3.1 Eligibility

You will be 18+ years and legally capable of entering into binding legal contracts.

You will not utilize the Service if illegal in your jurisdiction.

3.2 Account Security Responsibilities

You affirm that:

You maintain confidentiality of your login details.

Accept full responsibility for all actions executed through your Account.

Notify NexusWare immediately in the event of unauthorized access or security breaches.

3.3 Verification of Account

NexusWare may at any time request verification of identity or account verification. The inability to provide verifiable data may result in suspension or termination of your License and Service access.

3.4 User Termination of Account

Users may terminate their Subscription at any time by:

Terminating the Subscription by raising a ticket in the discord server (Discord.gg/nexusware).

Uninstalling the Service software from all devices.

Providing written notice to the NexusWare support With your license key PLUS your orderid.

Termination shall take effect on the last day of the current subscription term, unless otherwise mandatorily necessitated by law.

PART 2 – SUBSCRIPTION, LICENSE, AND ANTI-CHEAT DISCLOSURES

ARTICLE IV: SUBSCRIPTION TERMS, PAYMENT, AND REFUNDS

4.1 Purchase and Subscription Eligibility

Registered Accounts are the only Accounts eligible to buy a Subscription.

You agree to provide correct payment details, be entitled to use them, and have valid payment details throughout your Subscription period.

NexusWare also has the right to refuse, suspend, or cancel any Subscription on grounds of suspected fraud, illegal behavior, or breach of this Agreement.

4.2 Manual Subscription

Subscriptions are all manual; automatic renewal does not happen.

Users must actively purchase a new Subscription to continue to be in Service access following the term.

Expired Subscriptions result in automatic service suspension of access, without retroactive liability for extension.

4.3 Payment Terms

Payment must be made at time of purchase.

Payment can be made through methods displayed on NexusWare's website or third-party payment processors (e.g., Stripe, PayPal).

Fees are taxes, duties, and other governmental charges minus, which are the responsibility of the user.

4.4 Subscription Cancellation

Subscribers may terminate at will by means of account settings or written notice.

Cancellation will be effective at the end of the then-applicable subscription period.

Subscribers must ensure that cancellation is completed prior to the end of term in order to avoid charges from becoming due.

4.5 Refunds

4.5.1 Refunds at NexusWare's Discretion

Refunds are not normally assured and are made by NexusWare at its sole discretion.

Potential circumstances for discretionary or part refunds:

Service is cancelled by NexusWare for convenience prior to the Subscription end date.

Force majeure situations delay Service delivery for more than 30 consecutive days.

Buyer purchase mistakes or multiple purchases reported within 7 days.

4.5.2 Pro-Rated Refunds

If a refund is given in the case of Service cancellation or suspension, it will be pro-rated on unused Subscription time.

Pro-rated calculations are from the date of disruption of the Service until the initial Subscription end date.

4.5.3 No Refunds

No refund will be made by NexusWare for:

Suspension, ban, or penalty by Third-Party Platforms.

Change of mind due to purchase.

Failure to cancel before Subscription end.

Breaching this Agreement leading to termination.

4.5.4 Refund Discretion

Refund may be made as credit, partial cash refund, or full cash refund.

No approval of refund constitutes precedent in subsequent cases.

ARTICLE V: LICENSE GRANT AND RESTRICTIONS

5.1 License Grant

NexusWare provides a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use during the current Subscription term.

License is subject to:

Compliance with all terms of this Agreement.

On-time payment of Subscription charges.

5.2 Prohibited Activities

You agree specifically not to:

Reverse engineer, decompile, disassemble, or attempt to extract source code.

Copy, distribute, modify, or create derivative works of the Service.

Sell, lease, sublicense, or otherwise transfer your Subscription or Service access.

Remove or modify any intellectual property, trademark, or copyright notices.

Use bots, automation, or scraping tools to enter or manipulate the Service.

Bypass security features, anti-cheat protections, or access controls.

Use the Service to harm, overload, disrupt, or damage NexusWare's infrastructure.

Share your Account credentials or permit other people to use your Subscription.

Produce competitive software products based on any information obtained from the Service.

Violate applicable laws, regulations, or Third-Party Platform agreements.

5.3 Intellectual Property Ownership

NexusWare retains all title, right, and interest in the Service and intellectual property related thereto.

User-provided feedback, ideas, or suggestions for improvements are freely usable by NexusWare with no requirement of compensation.

5.4 License of Feedback

Through the use of the Service, users automatically provide NexusWare a permanent, perpetual, worldwide, royalty-free license to use, modify, and incorporate feedback into the Service.

This includes software improvements, feature additions, and marketing tactics.

ARTICLE VI: ANTI-CHEAT, THIRD-PARTY RISKS, AND USER RESPONSIBILITY

6.1 Third-Party Platform Risks

Use of the Service may violate Third-Party Platform Terms of Service. Users acknowledge that:

Anti-cheat technologies can detect use of the Service.

Detection can result in:

Temporary or permanent account banning.

Loss of in-game items, funds, or progress.

Hardware banning or inhibition.

Loss of multiplayer access.

NexusWare has no control over Third-Party Platform action and cannot guarantee immunity from sanction.

6.2 Plain Anti-Cheat Disclaimer

NexusWare disclaims express responsibility for all Third-Party Platform sanctions, including:

Account suspensions, banning, or deletion.

Loss or confiscation of in-game currency, items, or progress.

Hardware restrictions imposed by third-party anti-cheat solutions.

Users accept all risk involved in using the Service.

6.3 Assumption of Risk

Users acknowledge that use of the Service may result in:

Detection by anti-cheat or security software.

Account restriction, suspension, or banning.

Loss, corruption, or slowing of data.

System instability or crashes.

Any other harmful consequences.

6.4 Reasonable User Leeway

Good faith users who inadvertently encounter accidental violations may contact NexusWare for potential resolution.

NexusWare, at its sole discretion, may provide remedies like warnings, interim patches, or partial refunds.

NexusWare may deny remedies in the case of repeated, intentional, or fraudulent use.

PART 3 – SERVICE AVAILABILITY, USER CONTENT, PRIVACY, WARRANTIES & LIABILITY

ARTICLE VII: SERVICE AVAILABILITY, UPDATES, AND MAINTENANCE

7.1 Service Availability

Continuous access to the Service is not warranted by NexusWare.

Availability of the service can be affected by:

Third-Party Platform patches or anti-cheat updates.

Scheduled or unscheduled maintenance.

Network or hardware failures.

Force majeure events (see Article XIV).

7.2 Updates and Maintenance

NexusWare may, at its sole discretion, push updates, patches, or improvements for the purposes of improving functionality, security, or compliance.

Temporary loss of service by means of updating is not a violation of this Agreement.

Users might require updating to continue accessing.

7.3 Force Majeure Exceptions

NexusWare is not responsible for Service interruptions caused by factors outside its control, including:

Acts of God like flood, fire, natural disasters, etc.

Cyberattacks, hacking, or malware on NexusWare systems.

Government action, regulation, or directives.

Public health emergencies or pandemics.

Policy or anti-cheat changes by Third-Party Platform.

Service outages exceeding 30 consecutive days caused by Force Majeure shall be a basis for a pro-rated refund for the duration.

ARTICLE VIII: USER CONTENT AND PRIVACY

8.1 User Content Ownership

Users retain ownership of User Content they submit (configurations, settings, feedback).

By submitting User Content, users grant to NexusWare a worldwide, perpetual, royalty-free, non-exclusive license to:

Use, store, display, and process User Content.

Include feedback or suggestions in future updates.

8.2 User Responsibility

Users warrant that User Content:

Is original or properly licensed.

Does not infringe any third-party intellectual property or rights.

Is legal and does not violate this Agreement or the law.

8.3 Content Removal

NexusWare shall remove, block, or delete User Content at its discretion when:

It violates this Agreement or law.

It's unlawful, offensive, abusive, or harmful.

Retention is legally, security-, or operationally unsafe.

8.4 Privacy and Data Use

Information collected includes:

Account sign-up information.

Billing payment information.

Hardware/system information for Service operation.

Usage patterns and performance measurements.

Data processed based on NexusWare Privacy Policy.

Users recognize that no data transmission over the Internet can be guaranteed to be secure.

ARTICLE IX: WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty

NexusWare warrants that the Service will function substantially as described in normal use for 14 days after the date of purchase.

9.2 Disclaimer of All Other Warranties

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Merchantability or fitness for a particular purpose.

Warranties of accuracy, reliability, or performance.

Immunity from Third-Party Platform anti-cheat system detection.

NexusWare provides no guarantee of continuous, secure, or error-free Service.

9.3 Anti-Cheat Risk Disclaimer

Users expressly assume the risk of detection and penalization by Third-Party Platforms.

NexusWare provides no guarantee that anti-cheat systems will not detect Service use.

NexusWare disclaims liability for direct, indirect, or consequential losses caused by anti-cheat activity.

ARTICLE X: LIMITATION OF LIABILITY

10.1 Liability Cap

NexusWare's total liability under this Agreement is capped at the amount the user paid for the Service during the last 12 months preceding the claim.

10.2 Excluded Damages

NexusWare will not be liable for:

Lost profits, revenue, or data.

Account bans or suspensions by Third-Party Platforms.

Loss of in-game currency, items, or progress.

Hardware damage or software conflicts.

Any incidental, consequential, or punitive damages.

10.3 Exceptions

The above exclusions shall not extend to:

Gross negligence or intentional misconduct.

Death or personal injury caused by the negligence of NexusWare.

Fraud or fraudulent misrepresentation.

Liability incapable of exclusion under law.

10.4 Indemnification

Users agree to indemnify and hold NexusWare harmless from all claims, damages, and costs arising from:

Breach of this Agreement.

Breach of Third-Party Platform terms.

Infringement of third-party rights or laws.

Abuse or misuse of Accounts or the Service.

NexusWare may itself decide to direct legal defense of any claim, and users shall provide reasonable assistance.

PART 4 – TERMINATION, DISPUTE RESOLUTION, GOVERNING LAW & CUSTOMER HANDLING

ARTICLE XI: TERMINATION OF SUBSCRIPTION AND SERVICE

11.1 User-Initiated Termination

Users may terminate their Subscription and this Agreement at any time by:

Cancellation of the Subscription through account settings.

Uninstallation of the Service software from all devices.

Rendering a written notice to NexusWare support.

11.1.1 Effect of Termination by User

Termination is effective at the end of the then current Subscription term.

Users are responsible for the removal of all service software from devices.

Users may request pro-rated refunds only if mandated by law or in the event of NexusWare default or prolonged outage.

11.2 NexusWare-Initiated Termination

NexusWare may terminate access forthwith if:

User breaches any provision of this Agreement.

Chargebacks, unauthorized use, or payment disputes.

Users are engaging in abuse, harassment, illegal behavior, or actions that pose security or legal risk.

Failure to pay Subscription fees.

Violation of Third-Party Platform terms that put the company at law.

11.2.1 Discretionary Termination

NexusWare may terminate Service on 30 days written notice.

In the case of discretionary termination, users shall receive a pro-rated refund for remaining subscription time.

11.3 Termination Consequences

Upon termination (user-initiated or by NexusWare):

All license rights expire immediately.

Users must de-install all Service software.

User Content may be deleted at NexusWare's discretion.

Surviving provisions are:

Limitations on liability

Indemnity

Arbitration/dispute resolution

Intellectual property protection

Customer complaint procedures

11.4 No Refund on Breach

Termination for user breach is not be eligible for a refund.

Examples of breach include: sharing of account, reverse engineering, bypass of security, or Third-Party Platform rule breaches.

ARTICLE XII: DISPUTE RESOLUTION AND ARBITRATION

12.1 Informal Resolution

Users initially contact NexusWare at [email protected]

to attempt amicable resolution.

NexusWare will respond within 14 business days.

12.2 Binding Arbitration

Conflicts not settled by negotiation shall be resolved by binding arbitration in accordance with the procedures of the Australian Centre for International Commercial Arbitration (ACICA).

Arbitration is in Victoria, Australia, in English, by one arbitrator.

12.3 Arbitration Procedures

Each party bears its own costs and fees, save as ordered by the arbitrator.

Discovery is limited to promote efficiency.

Arbitrator may grant remedies available by court except class-wide or representative claims.

12.4 Class Action Waiver

Users and NexusWare agree to single arbitration only.

Arbitrator may not join claims or hear representative proceedings.

12.5 Opt-Out Right

Users may opt-out of arbitration within 30 days of executing this Agreement by giving written notice to NexusWare.

Opt-out users may litigate disputes in Victorian, Australia courts.

12.6 Small Claims Exception

Small claims court eligible claims may be litigated individually in place of arbitration.

12.7 Injunctive Relief

Either party may seek injunctive or equitable relief in a court to enforce intellectual property rights or prevent unauthorized Service use.

ARTICLE XIII: GOVERNING LAW, NOTICES, AND GENERAL PROVISIONS

13.1 Governing Law

The Agreement is governed by the laws of Victoria, Australia, and not by conflict-of-law principles.

13.2 Consumer Protection Laws

Consumer protection rights that have to be granted by law (e.g., Australian Consumer Law, EU consumer directives) cannot be excluded.

NexusWare's liability is restricted only to the extent permitted by law.

13.3 Notices

Users can be notified by NexusWare by email, in-app notice, or website posting.

Email notices become effective on sending; users are charged with maintaining an up-to-date email address.

Users can give notices to NexusWare at [email protected].

13.4 Entire Agreement

This Agreement and the Privacy Policy constitute the entire agreement.

Replaces all earlier agreements, whether oral or written.

13.5 Severability

Invalid or unenforceable terms are reformable or severable.

Terms which survive continue in full effect.

13.6 Waiver

Failure to enforce any term is not a waiver.

Waivers should be signed and particular by authorized personnel.

13.7 Assignment

Users are not allowed to assign this Agreement without NexusWare approval.

NexusWare is free to assign or transfer the Agreement to successors or affiliates without approval.

13.8 Independent Contractors

Parties are independent contractors.

No partnership, employment, agency relationship, or joint venture is created.

13.9 No Third-Party Beneficiaries

No third party is entitled to enforce or rely upon this Agreement.

13.10 Export Compliance

Users are bound by all applicable export and import laws.

Users certify they are not in or residents of embargoed or sanctioned countries.

ARTICLE XIV: CUSTOMER COMPLAINT HANDLING AND REFUND PROCEDURES

14.1 Complaint Submission

Users must submit complaint via [email protected].

Complaints must include:

Account details

Subscription details

Type of complaint

Evidence to back it up (screenshots, transaction IDs, etc.)

14.2 Resolution Timeline

NexusWare will address complaints within 48 hours.

Resolution or recommended course of action will occur within 14 business days.

14.3 Refund Consideration

Refunds pro-rates only in the following instances:

Confirmed Service outage of more than 30 consecutive days.

NexusWare discontinues Service for convenience.

Documented accidental double-payment or buying error.

Refund amounts are determined by unused Subscription time.

14.4 Discretionary Refunds

NexusWare may, in its sole discretion, provide full or partial refunds in exceptional situations.

Such refunds do not set precedent and can be given as credit, partial, or full cash refund.

14.5 Finality

Members agree to the use of all complaints first through these mechanisms before taking the issue to arbitration or courts.