NxtLvl.chat End User License Agreement (EULA)

Last Updated: 2025-10-21

IMPORTANT – READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and NxtLvl.chat (“Company,” “We,” “Us,” or “Our”) for the NxtLvl.chat mobile application (“App”). By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the App.

1. LICENSE GRANT

1.1 Grant of License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use.

1.2 License Restrictions

You may not:

• Copy, modify, or create derivative works of the App

• Reverse engineer, decompile, or disassemble the App

• Rent, lease, sell, sublicense, or transfer the App to any third party

• Remove, alter, or obscure any proprietary notices on the App

• Use the App for any illegal or unauthorized purpose

• Attempt to gain unauthorized access to any portion of the App or its systems

2. PRIVACY & DATA SECURITY

2.1 End-to-End Encryption

The App uses end-to-end encryption (E2EE) for all messages and vault content. This means:

• Your messages are encrypted on your device before being sent

• Only you and your intended recipients can read your messages

• We cannot access, read, or decrypt your encrypted content

• Your encryption keys are stored locally on your device

2.2 Data Collection & Storage

Local Storage:

• Messages, contacts, vault items, and encryption keys are stored locally on your device

• Local data is protected by device-level encryption and optional biometric authentication

• Local data is not automatically backed up to cloud services

Server Storage:

• Encrypted message payloads are stored on our servers for delivery purposes

• User account information (user ID, nickname, avatar) is stored for service functionality

• Contact relationships and group memberships are stored to facilitate messaging

• We do NOT have access to the decrypted content of your messages or vault items

2.3 No Backup Responsibility

IMPORTANT: Because of end-to-end encryption:

• If you lose your device or uninstall the App, your messages and vault content may be permanently lost

• We cannot recover your encrypted data if you lose access to your device

• You are solely responsible for maintaining backups of any critical information

• There is no password recovery mechanism that allows us to decrypt your data

2.4 Metadata Collection

While message content is encrypted, we may collect limited metadata including:

• Sender and recipient user IDs

• Message timestamps

• Message delivery status

• Connection and diagnostic information

• Device type and operating system version

3. USER RESPONSIBILITIES

3.1 Account Security

You are responsible for:

• Maintaining the security of your device and passcode/biometric authentication

• Keeping your encryption keys secure

• Not sharing your device access with unauthorized individuals

• Notifying us immediately of any unauthorized use of your account

3.2 Acceptable Use

You agree to:

• Use the App only for lawful purposes

• Respect the rights and privacy of other users

• Not use the App to send spam, malware, or malicious content

• Not harass, threaten, or harm other users

• Comply with all applicable local, state, national, and international laws

3.3 Content Responsibility

You are solely responsible for:

• All content you create, send, or store using the App

• Ensuring you have the right to share any content you send to others

• Any consequences resulting from your use of the App

4. SELF-DESTRUCT & MESSAGE DELETION

4.1 Self-Destruct Feature

The App includes a self-destruct feature that automatically deletes messages after a specified time. You acknowledge that:

• This feature operates on a best-effort basis

• Recipients may screenshot, photograph, or otherwise capture message content before deletion

• Deleted messages may still exist in device memory or backups until overwritten

• We cannot guarantee complete or immediate deletion from all devices

4.2 Message Editing & Deletion

• Edited messages update across all devices, but previous versions may remain in local device storage

• Deleted messages are removed from active conversations but may remain in backups

• Group administrators can manage message deletion policies for their groups

5. VAULT FEATURE

5.1 Private Vault

The vault feature allows you to store private memos and pictures with additional encryption. You acknowledge that:

• Vault content is encrypted and cannot be recovered by us

• Loss of device access means permanent loss of vault content

• We recommend maintaining separate backups of critical vault items

• Vault encryption depends on your device passcode/biometric security

6. THIRD-PARTY SERVICES

6.1 OneSignal Push Notifications

The App uses OneSignal for push notifications. By using the App, you agree to OneSignal’s terms of service and privacy policy.

6.2 Supabase Backend

The App uses Supabase for backend services. Your encrypted data passes through Supabase servers but cannot be decrypted by Supabase or us.

6.3 No Endorsement

We are not responsible for any third-party services, their availability, or their practices.

7. LIMITATIONS & DISCLAIMERS

7.1 Service Availability

We do not guarantee that:

• The App will be available at all times without interruption

• The App will be error-free or secure from all threats

• Messages will always be delivered successfully

• Server infrastructure will be permanently maintained

7.2 Encryption Limitations

While we use industry-standard encryption (AES-256-GCM, Signal Protocol concepts):

• No encryption is 100% unbreakable

• Device-level compromises (malware, physical access) may expose your data

• Screenshots and device backups may expose unencrypted content

• Future cryptographic advances may weaken current encryption standards

7.3 No Warranty

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data or content

• Loss of profits or business opportunities

• Costs of procurement of substitute services

• Unauthorized access to your data

• Service interruptions or unavailability

8.2 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

8.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

9. DATA RETENTION & DELETION

9.1 Account Deletion

You may request account deletion at any time through the App settings. Upon deletion:

• Your account data will be removed from our servers within 30 days

• Encrypted messages on our servers will be deleted

• Local device data must be deleted manually by uninstalling the App

• Messages you sent to others will remain in their local storage

9.2 Inactive Accounts

Accounts inactive for 3 months may be automatically deleted after notification.

9.3 Law Enforcement Requests

While we cannot decrypt your messages, we may be required to provide:

• Account metadata (user ID, timestamps)

• Encrypted message payloads (which we cannot decrypt)

• Connection logs and IP addresses

• Any information required by valid legal process

10. INTELLECTUAL PROPERTY

10.1 Ownership

The App, including all code, designs, graphics, and documentation, is owned by us and protected by copyright, trademark, and other intellectual property laws.

10.2 User Content

You retain ownership of all content you create or store in the App. By using the App, you grant us a limited license to transmit and store your encrypted content solely for the purpose of providing the service.

11. UPDATES & MODIFICATIONS

11.1 App Updates

We may release updates, patches, or new versions of the App. You agree to install updates to maintain security and functionality.

11.2 Changes to Agreement

We reserve the right to modify this Agreement at any time. We will notify you of material changes through the App or via email. Your continued use of the App after changes constitutes acceptance of the modified Agreement.

11.3 Service Changes

We may modify, suspend, or discontinue any feature of the App at any time without liability.

12. TERMINATION

12.1 Termination by You

You may terminate this Agreement at any time by uninstalling the App and requesting account deletion.

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without notice, for:

• Violation of this Agreement

• Illegal activity or abuse of the service

• Extended periods of inactivity

• At our sole discretion

12.3 Effect of Termination

Upon termination:

• Your license to use the App is immediately revoked

• You must uninstall the App from all devices

• Provisions regarding limitation of liability, disclaimers, and disputes shall survive termination

13. EXPORT COMPLIANCE

The App uses strong encryption technology that may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations.

14. CHILDREN’S PRIVACY

The App is not intended for users under the age of 13. We do not knowingly collect personal information from children. If we learn that we have collected information from a child, we will delete it immediately.

15. DISPUTE RESOLUTION

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of CANADA, without regard to its conflict of law provisions.

15.2 Arbitration

Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with Civil Code of Quebec (CCP), except where prohibited by law.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis only and waive any right to participate in class action lawsuits.

16. GENERAL PROVISIONS

16.1 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the App and supersedes all prior agreements.

16.2 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full effect.

16.3 No Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer this Agreement without our written consent. We may assign this Agreement without restriction.

16.5 Contact Information

For questions about this Agreement, please contact us at:

• Email: support@nxtlvl.chat

• Website: www.nxtlvl.chat

17. ACKNOWLEDGMENT

BY CLICKING “ACCEPT,” DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOU SPECIFICALLY ACKNOWLEDGE THAT:

1. Your data is end-to-end encrypted and cannot be recovered by us

1. Loss of device access may result in permanent data loss

1. We provide the service “as is” without guarantees of availability or security

1. You are responsible for maintaining backups of important data

1. Deleted or self-destructed messages may still be captured by recipients

1. Metadata about your usage may be collected and shared with third parties or law enforcement

END OF LICENSE AGREEMENT