Clear & Fair: NexifyUp Terms of Service

CLAUSE 1 AGREEMENT & CAPACITY Welcome to NexifyUp. By accessing or using our websites, applications, WebRTC studio rooms, mobile services, or APIs (collectively, the "Service"), you enter into a legally binding contract with NexifyUp Technologies. You affirm that you are at least 18 years of age (or the legal age of majority in your jurisdiction) or possess valid parental or legal guardian consent to use ChildUse mode. If you are accessing the Service on behalf of a corporation, organization, or Chama group, you represent that you hold full legal authority to bind that entity. Summary: Using NexifyUp constitutes acceptance of these Terms. If you do not agree to every clause, do not launch or use the platform.

CLAUSE 2 OPERATING MODES NexifyUp provides dual operating modes: Registered E2EE Account Persistent end-to-end encrypted messaging, Awake alarms, Twin Chat vaults, Foots status, and NexifyPay / MyChama financial ledger coordination. Instant Guest Calling Studio Zero-signup, zero-download WebRTC video conferencing with real-time screen presentation, multi-participant filmstrips, and Playvertize in-call games.

CLAUSE 3 KEY SOVEREIGNTY NexifyUp relies on client-generated asymmetric cryptography. When you initialize your account, private identity keys and Double Ratchet prekeys are generated directly in your device's hardware keystore or WebCrypto sandbox. Sole Custody of Passphrases: You are exclusively responsible for preserving your passphrases, master recovery phrases, and hardware devices. Because NexifyUp is zero-knowledge, our team cannot reset, decrypt, or recover lost private keys. Device Security: You agree to maintain proper physical security and OS-level authentication (biometrics, PINs) over devices linked to your account.

CLAUSE 4 PROHIBITED CONDUCT You agree not to use the Service, its video studio, or its signaling mesh for any unlawful or abusive purposes. Prohibited behaviors include: Child Exploitation: Dissemination or solicitation of Child Sexual Abuse Material (CSAM). Violations trigger immediate cryptographic revocation and reporting to competent authorities. Infrastructure Attacks: Denial-of-service (DoS) attacks, flood signaling, automated spamming, or reverse engineering signaling protocols. Harassment & Doxxing: Coordinated harassment, non-consensual surveillance, or unauthorized exploitation of Guardian location check-in tools. Financial Fraud: Phishing, money laundering, fraudulent Chama contribution pools, or exploiting telecommunications payment callbacks.

CLAUSE 5 VIDEO CONFERENCING When hosting or joining a video conference via Instant Guest Calling: Host Authority: The room initiator holds administrative authority to mute participants, cycle speakers, terminate room sessions for all attendees, or manage screen share focus. Participant Consent for Screen Sharing: Presenters must possess all necessary rights and permissions before displaying proprietary code, presentations, or sensitive third-party materials. No Server Recording: NexifyUp does not record or archive WebRTC room feeds on server disks. Any local screen recording initiated by users remains the exclusive legal responsibility of the recording party under applicable two-party consent laws.

CLAUSE 6 INTERACTIVE GAMING The in-call interactive lounge (featuring Tic-Tac-Toe, Chess, Word Quest, and Brandopoly) provides casual entertainment and non-gambling engagement during calls. Playvertize provider notice: Playvertize supplies the game catalog, gameplay, score processing, and leaderboards. When you play or submit a result, game and campaign identifiers, player identifier and display name, score, and submission time may be sent to Playvertize to operate those features. Playvertize's own terms and privacy notice also apply to its services; they do not replace these NexifyUp Terms. Zero Real-Money Gambling: Virtual scores, board tiles, or simulated cash in games like Brandopoly have zero real-world cash equivalence and cannot be redeemed for fiat currency. Fair Play: Users agree not to inject malicious scripts, manipulate turn timers, or intercept signaling packets to tamper with game scores.

CLAUSE 7 NEXIFYPAY & PAYMENT PROCESSING NexifyPay provides payment initiation and transaction coordination tools. NexifyUp is a software provider, not a bank, remittance service, or deposit-taking financial institution, and does not hold, pool, or escrow monetary funds. Payment provider: Payments are processed by the mobile-money operator or other payment provider you select, such as Safaricom M-Pesa. Their transaction fees, settlement rules, reversals, disputes, and privacy terms apply to their services. Credentials: Do not share your mobile-wallet PIN, CVV, or banking credentials with NexifyUp or in chat. Enter payment credentials only in the trusted payment provider's secure prompt.

CLAUSE 8 MYCHAMA CIRCLES MyChama provides third-party group and member services for community savings circles. Circle rules, contribution amounts, payout schedules, and member participation are determined by the circle participants. Third-party disclosure and consent: Before a circle is provisioned, the creating user must consent to the disclosure. Circle and participant details needed to create the circle and attach members may be shared with MyChama. Provider terms and circle disputes: MyChama's terms govern its services. NexifyUp does not administer circle decisions and is not responsible for member defaults, payout disagreements, or disputes between participants.

CLAUSE 9 AWAKE ALARMS SLA Awake accountability alarms synchronize schedules and deliver remote wake-up audio prompts. While NexifyUp guarantees sub-second network signaling delivery under nominal conditions, physical alarm audio execution depends on your handset hardware: Device battery state (battery saver, aggressive OS task killers, or depleted power). Operating system Do Not Disturb (DND) bypass permissions. Local cellular / Wi-Fi network availability and signal reception. NexifyUp is not liable for missed flights, employment tardiness, or missed critical events resulting from hardware-level alarm failure.

CLAUSE 10 MINOR PROTECTION Child accounts operate under parental cryptographic authority. Parents and legal guardians assume full legal responsibility for accounts operating under their supervision. Emergency SOS beacons and check-in locations are encrypted strictly with the guardian's public key. NexifyUp provides the technical encryption mechanism but does not actively monitor or review ChildUse communications.

CLAUSE 11 INTELLECTUAL PROPERTY Your Content: You retain 100% ownership of all text messages, media files, presentations, and audio/video content you transmit. NexifyUp claims zero copyright or proprietary interest in your private data. NexifyUp Property: The platform codebase, user interface designs, logos, software architectures, and trademarks are the exclusive property of NexifyUp Technologies and protected by international intellectual property treaties.

CLAUSE 12 WARRANTIES & AS-IS THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED AVAILABILITY. NexifyUp does not warrant that signaling will be uninterrupted, error-free, or compatible with every legacy mobile operating system.

CLAUSE 13 LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXIFYUP, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. Our total aggregate liability for all claims related to the Service is limited to the amount paid by you to NexifyUp in the 12 months preceding the claim, or $50.00 USD, whichever is greater.

CLAUSE 14 INDEMNITY You agree to defend, indemnify, and hold harmless NexifyUp, its affiliates, and their respective officers from and against any third-party claims, damages, liabilities, and expenses arising out of your violation of these Terms, unlawful conduct, or infringement of third-party rights.

CLAUSE 15 DISPUTES & JURISDICTION These Terms shall be governed by and construed in accordance with the laws of Kenya and applicable international digital commerce conventions, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall first be submitted to good-faith informal negotiation. If unresolved within 30 days, disputes shall be settled through binding arbitration conducted in Nairobi, Kenya under the Nairobi Centre for International Arbitration (NCIA) rules.

CLAUSE 16 TERMINATION You may terminate your agreement with NexifyUp at any time by ceasing use of the platform and purging your local keystores. NexifyUp reserves the right to cryptographically revoke routing tokens or terminate access for any account found in violation of Section 4 (Acceptable Use Policy), with or without prior notice.

CLAUSE 17 AMENDMENTS & CONTACT We may update these Terms periodically to reflect protocol improvements or regulatory updates. Continued use of the Service following published revisions constitutes acceptance of the amended agreement. Legal & Compliance Office: [email protected] Copy Email NexifyUp Technologies • Compliance & Standards Bureau • Nairobi, Kenya Last Revised: October 20, {{ "now"|date("Y") }} • Version 4.0 • Canonical User Agreement