Terms of Service – Connexa GmbH

1. Acceptance of Terms

By accessing, downloading, installing, or using any mobile application published by Connexa GmbH ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our applications.

2. Description of Services

Our applications provide social networking and communication services that require physical proximity for initial connection (via NFC or Bluetooth pairing). Our services include but are not limited to:

User profile creation and management
Secure messaging and communication
Photo and video sharing
Physical device pairing functionality
Content moderation and safety features

3. User Accounts and Registration

3.1 Account Creation

To use our applications, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Verification: We may require you to verify your email address or phone number to activate your account. We reserve the right to request additional verification information at any time.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Password Requirements: You must use a strong, unique password for your account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.

3.3 Age Requirements

Minimum Age: You must be at least 16 years old to use our applications. If you are under 18, you represent that you have obtained parental or guardian consent to use our services.

Age Verification: We may require age verification for certain features. If we discover that a user is under the minimum age requirement, we will immediately terminate their account and delete their data in accordance with our Privacy Policy.

Parental Consent: Users between 16 and 18 years of age must have parental or guardian consent. Parents or guardians may contact us to review, modify, or delete their child's account information.

4. Acceptable Use Policy

4.1 Prohibited Activities

You agree not to use our applications to:

Violate any applicable laws or regulations, including but not limited to laws regarding harassment, defamation, privacy, intellectual property, or data protection
Infringe upon the rights of others, including intellectual property rights, privacy rights, or publicity rights
Upload, post, or transmit harmful, offensive, or inappropriate content, including but not limited to content that is illegal, obscene, defamatory, threatening, or discriminatory
Harass, bully, intimidate, or threaten other users
Impersonate another person or entity, or create fake accounts
Attempt to gain unauthorized access to our systems, other users' accounts, or any restricted areas
Use automated tools, bots, scripts, or other means to access our services without our express written permission
Interfere with the proper functioning of our applications, including but not limited to introducing viruses, malware, or other harmful code
Reverse engineer, decompile, or disassemble any part of our applications
Collect or harvest information about other users without their consent
Use our services for any commercial purpose without our prior written consent
Circumvent any security measures or access controls we have implemented

4.2 Content Standards

All content you upload, post, or share must comply with our community guidelines, which are incorporated into these Terms by reference. We reserve the right to remove, edit, or refuse to publish any content that violates these standards or these Terms.

User-Generated Content: You are solely responsible for all content you post, upload, or share through our applications. You represent and warrant that you have all necessary rights to post such content and that it does not violate any third-party rights.

Content Moderation: We reserve the right, but not the obligation, to monitor, review, and remove any content at any time for any reason, including but not limited to content that violates these Terms or our Community Guidelines.

5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our applications, you consent to our Privacy Policy.

6. Intellectual Property Rights

6.1 Our Rights

Our applications and their content, including but not limited to text, graphics, images, logos, and software, are owned by Connexa GmbH and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Rights

You retain ownership of content you create and share through our applications. By posting content, you grant us a limited license to use, display, and distribute your content solely for the purpose of providing our services.

6.3 Third-Party Content

Our applications may contain content from third parties. We do not endorse or assume responsibility for such content.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, or technical issues.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time. We will provide reasonable notice of significant changes when possible.

8. Premium Features and Payments

8.1 Free Services

Basic features of our applications are provided free of charge. We may offer premium features for a fee.

8.2 Premium Features

Premium features may include additional storage, advanced group features, or enhanced functionality. Premium features are subject to separate terms and pricing.

8.3 Payment Terms - Apple App Store

In-App Purchases: All purchases of premium features, subscriptions, or in-app content are processed through Apple's In-App Purchase system. By making a purchase, you agree to Apple's Terms of Service and Payment Terms.

Payment Processing: All payments are processed by Apple, not by Connexa GmbH directly
Subscription Management: Subscriptions can be managed through your Apple ID account settings
Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
Cancellation: You may cancel your subscription at any time through your Apple ID account settings
Refunds: Refund requests must be submitted through Apple's refund process. We do not process refunds directly
Price Changes: We reserve the right to change subscription prices. You will be notified of price changes at least 30 days in advance
Family Sharing: Premium subscriptions are not eligible for Apple Family Sharing unless explicitly stated

8.4 Payment Terms - Google Play Store

For Android users, payments are processed through Google Play Billing. All Google Play payment terms apply.

8.5 No Refunds Policy

Except as required by law or as explicitly stated in these Terms, all purchases are final and non-refundable. If you believe you are entitled to a refund, please contact Apple Support (for iOS) or Google Play Support (for Android).

9. Termination

9.1 Your Right to Terminate

You may terminate your account at any time by deleting your account through the application settings or contacting us.

9.2 Our Right to Terminate

We may terminate or suspend your account if you violate these Terms or for any other reason at our sole discretion.

9.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. We may delete your account and associated data in accordance with our Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Disclaimers

Our applications are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee of Service: We do not guarantee that our services will be uninterrupted, secure, or error-free. We do not guarantee that any defects will be corrected or that our services are free of viruses or other harmful components.

User-Generated Content: We are not responsible for any user-generated content posted on our platform. We do not endorse, support, or guarantee the accuracy, completeness, or reliability of any user-generated content.

Third-Party Services: Our applications may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such third-party services.

10.2 Limitations of Liability

To the maximum extent permitted by law, Connexa GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our applications, including but not limited to:

Loss of data, profits, or business opportunities
Costs of substitute services
Personal injury or property damage
Unauthorized access to or alteration of your data
Conduct of other users or third parties

Maximum Liability: In no event shall our total liability to you exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred Swiss Francs (CHF 100), whichever is greater.

10.3 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless Connexa GmbH from any claims, damages, or expenses arising from your use of our applications or violation of these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by Swiss law, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12.2 Dispute Resolution

Informal Resolution: Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

Binding Arbitration: If we cannot resolve a dispute informally, any disputes arising from these Terms or your use of our applications shall be resolved through binding arbitration in Switzerland, unless prohibited by applicable law. The arbitration shall be conducted in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution.

Class Action Waiver: You agree that any disputes will be resolved individually and not as part of a class action, collective action, or representative proceeding.

Jurisdiction: For disputes not subject to arbitration, or where arbitration is prohibited by law, you agree to submit to the exclusive jurisdiction of the courts of Thurgau, Switzerland.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the application or by email. Your continued use of our applications after such changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15. Apple App Store Specific Terms

15.1 App Store License

If you downloaded our application from the Apple App Store, the following additional terms apply:

Scope of License: Your license to use our application is limited to a non-transferable license to use the application on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service
Maintenance and Support: Apple has no obligation to furnish any maintenance or support services with respect to our application
Warranty: In the event of any failure of our application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our application
Product Claims: We, not Apple, are responsible for addressing any claims by you or any third party relating to our application or your possession or use of our application, including but not limited to product liability claims, failure to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation
Intellectual Property Rights: In the event of any third-party claim that our application or your possession and use of our application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim
Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary

15.2 App Store Review Guidelines Compliance

Our applications comply with all Apple App Store Review Guidelines. We reserve the right to modify our applications to maintain compliance with Apple's guidelines and policies.

16. Contact Information

If you have questions about these Terms of Service, please contact us:

Connexa GmbH
Wilerstrasse 82
CH-8370 Sirnach, Switzerland
Email: [email protected]
Legal Department: [email protected]
Support: [email protected]