Terms of Use

1. Acceptance

This is an agreement between you and Nexxus Tech SAS ("we", "us"), a company incorporated in Colombia, about your use of the NewMe Hertz application ("the app"). By downloading, installing or using the app you accept these terms. If you do not accept them, do not use the app.

You must be at least 16 years old to use the app.

2. Licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the app on Apple devices that you own or control, in accordance with Apple's App Store Usage Rules.

The app is offered free of charge in its current version. We retain all intellectual property rights in the app, its code, its design, its catalogues and its content.

3. Acceptable use

You may not:

• Copy, modify, translate, adapt or create derivative works of the app.
• Decompile, reverse engineer or disassemble the app, except to the extent mandatory law allows.
• Rent, lend, sell, sublicense or redistribute the app.
• Remove or alter any intellectual property notices.
• Use the app for any unlawful purpose, or in a way that interferes with its operation or with other people's devices.

4. Nature of the service and wellness notice

The app is a wellness and self-knowledge tool. It is not a medical device and it does not diagnose, treat, cure or prevent any condition. What it produces are estimates, not clinical measurements or diagnoses.

The Wellness Disclaimer forms an integral part of these terms and you should read it before using the app, in particular the precautions about breathing exercises.

5. Privacy

Data handling is described in the Privacy Policy, which forms part of these terms. In short: all processing happens on your device, there are no servers, and we do not sell or share your data.

6. Future subscriptions

The app is free today. If auto-renewable subscriptions are introduced in the future, Apple's standard terms for such purchases will also apply, in particular:

• Payment is charged to your Apple account on confirmation of purchase.
• The subscription renews automatically unless you cancel at least 24 hours before the end of the current period.
• The account is charged for renewal within 24 hours prior to the end of the current period.
• You can manage and cancel subscriptions in your Apple account settings after purchase.
• Any unused portion of a free trial, if offered, is forfeited when you buy a subscription.

Any change to the pricing model will be communicated inside the app and on this page before it takes effect.

7. No warranties

The app is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the app will run uninterrupted or error-free, nor that its estimates are accurate or suitable for you.

Some jurisdictions do not allow the exclusion of certain warranties, so this exclusion may not fully apply to you.

8. Limitation of liability

To the maximum extent permitted by law, Nexxus Tech SAS will not be liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, lost data or business interruption, arising from the use or inability to use the app.

As the app is free, our total aggregate liability to you will not exceed fifty United States dollars (USD 50) or the equivalent in your local currency.

Nothing in these terms excludes liability that cannot lawfully be excluded, such as liability for wilful misconduct or for personal injury caused by negligence.

9. Apple

You acknowledge that this agreement is between you and us, not with Apple. Apple is not responsible for the app or its content. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.

If the app fails to conform to any applicable warranty, you may notify Apple, which will refund the purchase price if any; beyond that, Apple will have no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

10. Termination

These terms remain in force while you use the app. You may terminate them at any time by uninstalling the app. We may suspend or terminate the licence if you breach these terms.

11. Changes

We may update these terms. The version in force will always be the one published at this address, with its date. If a change is material, we will say so inside the app.

12. Governing law and jurisdiction

These terms are governed by the law of the Republic of Colombia, without regard to its conflict-of-law rules. Disputes will be submitted to the competent courts of Colombia, without prejudice to any consumer rights you have in your country of residence.

13. Contact

Nexxus Tech SAS — support@nexxus-tech.com.