End User License Agreement (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE NIBBLY MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE NIBBLY APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.

1. Acceptance of Terms

This EULA is a legal agreement between you (“User,” “You,” or “Your”) and [Your Company Name/Developer Name] (“Company,” “We,” “Us,” “Our”) governing your use of the Nibbly mobile application (“App”). By using the App, you agree to comply with this EULA, our Privacy Policy, and any additional terms presented during registration or use of specific features.

2. User-Generated Content (UGC)

You are solely responsible for any content you submit, share, or display through the App, including but not limited to text, photos, videos, or other media (“User-Generated Content”).

2.1 Prohibited Content

You agree not to upload, share, or otherwise provide content that:

•Contains hate speech, abusive, or harassing material.

•Promotes violence, self-harm, or illegal activities.

•Is sexually explicit, pornographic, or otherwise inappropriate.

•Violates the rights of any person, including privacy rights and intellectual property rights.

•Includes spam, advertisements, or unauthorized commercial content.

2.2 Content Moderation

•All User-Generated Content is subject to moderation.

•We reserve the right to review, filter, remove, or block any content at our sole discretion.

•Objectionable content reported by users will be reviewed and addressed within 24 hours of submission.

2.3 Reporting Mechanism

•Users can report objectionable or abusive content via the “Report Content” button within the app.

•Reports are confidential, and appropriate action will be taken promptly.

2.4 Blocking Abusive Users

•Users have the ability to block other users from interacting with them within the app.

•Blocked users will not be able to view your profile or contact you through the app.

2.5 Developer Action on Abuse

•We reserve the right to suspend or terminate the account of any user who violates this EULA or engages in abusive behavior.

•Objectionable content and offending users will be removed from the platform within 24 hours of verification.

3. User Obligations

You agree to:

•Provide accurate and truthful information when creating an account.

•Keep your account credentials secure and confidential.

•Respect the rights and experiences of other users on the platform.

•Not attempt to bypass app security features or misuse the app in any way.

4. User-Generated Content License

By uploading, submitting, or sharing any content, including but not limited to text, images, photos, videos, or other media (“User-Generated Content”) on or through the Nibbly Platform, you hereby grant Nibbly a non-exclusive, worldwide, royalty-free, irrevocable, and fully sublicensable right and license to:

1.Use, Reproduce, Modify, Adapt, Publish, Translate, Create Derivative Works, Distribute, and Display such content in connection with:

•Marketing and Promotional Activities: Including social media campaigns, advertisements, newsletters, and platform showcases.

•Platform Development: Enhancing or improving platform features, functionalities, and services.

•Third-Party Partnerships: Sharing with trusted third parties for platform-related services or promotions.

2.Storage and Backup: Store, archive, or create backups of User-Generated Content for operational and compliance purposes.

3.Perpetual License: This license will continue even if you stop using our services or your account is terminated.

4.No Compensation: You acknowledge and agree that you will not be entitled to any compensation, royalties, or fees from Nibbly for the use of your content.

5.User Responsibility: You represent and warrant that:

•You own the content or have the necessary rights and permissions to grant this license.

•The content does not violate any third-party rights, including intellectual property, privacy, or publicity rights.

•The content complies with Nibbly’s Terms of Service and Acceptable Use Policy.

6.Right to Remove Content: Nibbly reserves the right to review, modify, or remove User-Generated Content at its discretion if it violates our policies, is deemed inappropriate, or is required by law.

7.Attribution: Nibbly may, but is not obligated to, provide credit or attribution when using your content.

By continuing to use the Nibbly Platform, you acknowledge and agree to this clause and the rights granted to Nibbly in relation to your content. If you do not agree, you must refrain from uploading or sharing content on our platform.

5. Prohibited Activities

You may not:

•Reverse-engineer, decompile, or attempt to derive the source code of the App.

•Circumvent or disable any security features.

•Use automated systems (e.g., bots, scrapers) to access the App.

•Impersonate another person or misrepresent your affiliation.

6. Termination

We reserve the right to suspend, disable, or terminate your access to the App at any time if:

•You violate any terms of this EULA.

•We are required to do so by law.

•The App becomes unavailable due to technical or legal reasons.

Upon termination, your license to use the App will be revoked, and you must cease all use and delete the App from your device.

7. Intellectual Property

All intellectual property rights in the App, including trademarks, copyrights, logos, and proprietary software, belong to Nibbly or its licensors. Unauthorized use of our intellectual property is strictly prohibited.

8. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

9. Limitation of Liability

To the maximum extent permitted by law:

•We are not liable for any damages arising from your use of or inability to use the App.

•We are not responsible for User-Generated Content posted by other users.

•We are not liable for any unauthorized access to or use of your account.

10. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that:

•The App will function uninterrupted or error-free.

•The content provided will be accurate or reliable.

•The App will be free from harmful components.

11. Indemnification

You agree to indemnify, defend, and hold harmless Nibbly, its affiliates, and employees from any claims, liabilities, damages, and expenses arising from:

•Your violation of this EULA.

•Your User-Generated Content.

•Your misuse of the App.

12. Governing Law

This EULA shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

13. Dispute Resolution

In the event of a dispute arising from or in connection with this EULA, you agree to first attempt to resolve the matter informally by contacting us at support@nibbly.app. If no resolution is reached within 30 days, the dispute shall be referred to binding arbitration in accordance with the Arbitration Act No. 42 of 1965.

13.1 Arbitration Rules

•Arbitration Institution: The arbitration will be conducted by an arbitrator appointed by AFSA (Arbitration Foundation of Southern Africa).

•Location: The arbitration will take place in Cape Town, South Africa, unless otherwise agreed upon by both parties.

•Language: The arbitration proceedings shall be conducted in English.

•Costs: The costs of arbitration, including arbitrator fees, shall be shared equally by both parties unless the arbitrator decides otherwise.

•Binding Decision: The decision of the arbitrator shall be final and binding on both parties and may be made an order of court in terms of Section 31 of the Arbitration Act No. 42 of 1965.

•Exception for Small Claims: If the dispute qualifies for resolution in the Small Claims Court of South Africa, either party may choose to pursue resolution through that court instead of arbitration.

13.2 Legal Jurisdiction

•This EULA shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

•Any disputes not resolved through arbitration shall fall under the exclusive jurisdiction of the High Court of South Africa.

13.3 Right to Injunctive Relief

•We reserve the right to seek injunctive relief or other equitable remedies in any court of competent jurisdiction for breaches or anticipated breaches of intellectual property rights, confidentiality obligations, or other rights under this EULA.

14. Updates and Changes

We reserve the right to modify this EULA at any time. Changes will be effective upon posting on the App or notifying users directly. Continued use of the App constitutes acceptance of the revised terms.

15. Contact Information

If you have any questions or concerns regarding this EULA, please contact us at:

Nibbly

Email: support@nibbly.app

16. Acceptance of Agreement

By using the Nibbly App, you acknowledge that you have read, understood, and agree to be bound by this EULA.

17. Auto-Renewable Subscriptions

The Nibbly App offers auto-renewable premium subscription plans with the following details:

Premium Subscription – Monthly
Duration: 1 month
Price: US$4.99 per month
Premium Subscription – Yearly
Duration: 1 year
Price: US$24.99 per year

Billing & Renewal

Payment will be charged to your iTunes Account at confirmation of purchase.
Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage or cancel your subscription by going to your Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.