Nygma Terms of Service

Nygma is provided by Genie9 LTD, a company registered in England and Wales with company number 08669198, of 3 Shortlands, London W6 8DA, United Kingdom (“Genie9”, “we”, “us”, “our”). These Terms of Service (“Terms”) govern your use of Nygma on the web (nygma.genie9.com), on Android and on iOS, including Nygma Chat (together, the “Service”).

By creating an account, signing in or using the Service, you agree to these Terms. If you do not agree, do not use the Service. These also apply and form part of your agreement with us:

• the Privacy Policy, which explains how we handle personal data;
• the App Licence (EULA), for the Android and iOS apps; and
• the Child Safety Standards.

The Security & Zero-Knowledge Statement describes how Nygma works. It is information, not a promise or a warranty. If you get Nygma from Google Play or the Apple App Store, that store’s terms also apply to your download and to purchases made through it.

Some information is readable on our servers because the Service needs it: your name and email address, the names you give your drives, file sizes, counts and dates, your plan and billing records, and technical data such as IP addresses. The Privacy Policy lists it in full.

Keep your own copies of anything you cannot afford to lose. We do not promise that any data will be kept.

Nygma has a free plan and paid plans, billed monthly or yearly. The storage, features and price of each plan are those shown in the app, on the website or in the store when you buy. We may change plans, limits and features, including those of the free plan.

• In the Android app, through Google Play. In the iOS app, through the Apple App Store. Google or Apple takes the payment and bills, renews, cancels and refunds the subscription under its own terms. We never see your card details.
• On our website (nygma.genie9.com), through our payment processor, Stripe.
• A subscription belongs to the place you bought it. While it is active, Nygma will not sell you a second one somewhere else.

• Apple: on your iPhone or iPad, Settings → your name → Subscriptions → Nygma → Cancel Subscription.
• Google Play: Play Store app → your profile picture → Payments & subscriptions → Subscriptions → Nygma, or play.google.com/store/account/subscriptions.
• Website: sign in at nygma.genie9.com, open Billing, or email support@genie9.com from your account’s address.

Cancelling takes effect at the end of the period you have paid for. You keep your paid plan until then.

If you are a consumer in the UK or the EU and buy on our website, you normally have 14 days from the day after you buy to cancel without giving a reason. Your paid plan starts as soon as you pay: by buying, you ask us to start the service at once and you accept that, if you cancel within the 14 days, you pay for the service provided until you tell us, in proportion to the full price, and we refund the rest within 14 days. You lose this right once the service has been fully provided. To use it, email support@genie9.com from your account’s address before the 14 days end. For store purchases, Apple or Google handles these requests. For your first payment, the 30-day guarantee in section 6.5 gives you more: a full refund.

We may change our prices. A new price applies from a renewal, never to a period you have already paid for. Apple and Google tell store subscribers under their own rules. We email website subscribers at least 14 days before a new price applies to their next renewal; if you do not want to pay it, cancel before that renewal.

If a payment fails, is disputed or is reversed, we may move your account to the free plan or suspend it until the matter is settled. Please contact us before disputing a website charge with your bank.

Your account returns to the free plan and paid-only features stop. While your data is over the free plan’s limits you cannot upload, and we may delete data above those limits after giving you at least 30 days’ notice by email.

Nygma Chat, in the Android and iOS apps, lets you exchange messages, photos, videos, files, voice messages and locations with people who accept your invitation (a QR code or a one-time link, valid for up to 48 hours). There is no directory, search or random matching. Chats are end-to-end encrypted: we cannot read them, we do not scan them, and we cannot recover them if you lose your phone and your chat recovery phrase — or, if you chose to protect Chats with a drive password, that password. By setting up Chats you agree to this section and to section 10.

• You are responsible for everything you send, and for who you send it to.
• Your contacts choose the names they show and we do not check them. Use Verify (compare codes in person) before sharing anything sensitive.
• You can edit your own text messages for 15 minutes and delete your own messages for everyone for 48 hours. These work only on phones that receive them, and they cannot undo copies already made.
• If someone blocks you, do not try to reach them another way through Nygma. “Invite again” is only for people who still want to chat with you.
• We do not guarantee that any message, notification or action will be delivered.

Block and delete removes the chat from your phone and closes it on our servers; the other person is not told. Report a problem, on any chat, sends us a report from inside the app (or write to abuse@genie9.com). Because chats are end-to-end encrypted, we see only what you choose to send us. If someone is in immediate danger, contact your local emergency services first.

You must not use Nygma — drives, share links or Nygma Chat — to store, share, send or ask for:

• Child sexual abuse material, anything that sexualises children, or contact with a child for sexual purposes. Zero tolerance: see the Child Safety Standards.
• Threats, harassment, bullying, stalking or intimidation, doxxing, or encouraging suicide, self-harm or eating disorders.
• Intimate images of anyone without their consent (including fake or altered ones), or threats to share them.
• Content that promotes terrorism or violent extremism, or incites violence or hatred.
• Illegal goods or services (including weapons and drugs), fraud, scams, money laundering, identity theft, or fake documents.
• Spam: bulk or unsolicited messages, invitations or share links, including advertising.
• Malware, phishing, or anything designed to take over a device or account or to steal codes, passwords, recovery phrases or keys.
• Impersonation of a person, an organisation or Genie9 staff, including through the name you show in chats.
• Content that infringes copyright or other intellectual property, including using share links to distribute pirated material.
• Other people’s private information, recordings or images in breach of privacy law, or secret recording or tracking of people.
• Anything else that is illegal where you are or where the person you share with or chat with is.

You must not:

• scrape the Service or use bots or scripts with it, other than through our apps or with our written permission;
• get around storage, plan, rate or country limits, security features or any other limit we set, including by opening more accounts;
• attack, probe, scan or overload the Service, or try to access other people’s accounts, drives or chats;
• reverse engineer, decompile or modify our apps, except where the law allows this despite this restriction;
• resell, rent or sublicense the Service, or use share links to run a public file-hosting or distribution service.

These rules apply in full to content we cannot see. We act on reports, on what people choose to send us, on the information we can see, and on what the law requires.

• In the app, use Report a problem on the chat; otherwise email abuse@genie9.com with the share link or the account’s email address and what happened. We acknowledge reports within 48 hours. We may not tell you the outcome.
• Never send us sexual images of children, even to report them. Describe what you saw and where, and report it to the authorities as well (for example the Internet Watch Foundation in the UK or the NCMEC CyberTipline in the US).
• Knowingly false or malicious reports break these Terms.

If we believe these Terms or the law have been broken, we may, at our discretion and without notice or refund: disable share links and other content we can reach; limit features, invitations or messages; suspend or close the accounts involved; refuse new accounts from the same person; preserve the information we hold; and report it to the authorities — child sexual abuse material goes to the National Crime Agency (UK), NCMEC (US) or the competent authority elsewhere. We do not have to warn you first or act on every report. If you think we got it wrong, write to abuse@genie9.com; we will review it at our discretion.

You can delete your account at any time in the app (Settings → Delete account) or at nygma.genie9.com/delete-account. Deletion is permanent. Cancel any App Store or Google Play subscription first — deleting your account does not stop the store charging you.

We may suspend or close your account, with or without notice, if you break these Terms or the law, if the law or a regulator requires it, if your account is used in a way that risks harm to others or to the Service, or if we stop providing Nygma. While an account is suspended, no one can sign in to it. Suspension does not cancel a store subscription; cancel it with Apple or Google. We may also close free accounts that have not been used for 12 months, after 30 days’ notice by email. If we stop providing Nygma altogether, we will give at least 30 days’ notice so you can download your data.

When an account is closed, its data is deleted and cannot be recovered. No refund is due when we close an account because its owner broke these Terms. Sections 4, 8, 11, 13 and 16 to 22 continue to apply after your account ends.

To the fullest extent the law allows, the Service is provided “as is” and “as available”, without warranties, conditions or other terms, express or implied — including satisfactory quality, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted, timely, secure or free of errors, that any data will be preserved, that encryption will resist every future attack, or that the Service will meet your needs.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit or exclude. Nothing in these Terms affects your statutory rights as a consumer, for example under the UK Consumer Rights Act 2015.

Subject to 17.2, we are not liable — in contract, tort (including negligence), breach of statutory duty or otherwise — for:

• loss of or damage to data or content, for any reason, including lost passwords, PINs or recovery phrases, features working as you set them (section 5), or Trash being emptied;
• loss caused by anyone who signs in through your email, Google or Apple account, or who uses your unlocked device;
• loss of profits, revenue, business, contracts, goodwill or savings, or business interruption;
• indirect or consequential loss, or loss that was not reasonably foreseeable when you accepted these Terms;
• loss caused by events outside our reasonable control, including failures of hosting, networks, app stores, payment providers, power, cyber-attacks, government action, epidemics, war or natural disasters; or
• loss caused by your breach of these Terms or of the law.

To the extent the law allows, you will compensate Genie9 for losses, claims and reasonable costs (including legal fees) arising from Your Content, your breach of these Terms or your breach of the law.