Terms & Conditions

We are NyxEdit. We operate, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at contact@nyxedit.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and NyxEdit concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason.

The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

The Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.

By using the Services, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Legal Terms
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm us and/or the Services
• Use any information obtained from the Services to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in unauthorized framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, or other malicious material
• Engage in any automated use of the system
• Copy or adapt the Services' software
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.

We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice to you.

These Legal Terms shall be governed by and defined following the laws of Poland, and yourself irrevocably consent that the courts of Poland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration or legal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Warsaw, Poland. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Poland.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts of Poland, and the Parties agree to submit to the personal jurisdiction of that court.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

contact@nyxedit.com

Subject to your compliance with this EULA, NyxEdit grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the NyxEdit software plugins (the "Software") solely for your personal or commercial video editing purposes.

License Scope:

• Each license permits installation on up to two (2) computers owned or controlled by you
• The Software may only be used by the registered license holder
• You may use the Software to create unlimited commercial and non-commercial projects
• The license is perpetual unless terminated according to the terms of this EULA

This license does not grant you any rights to the Software's source code, design, or proprietary algorithms.

You agree that you will NOT:

• Copy, reproduce, or distribute the Software except as expressly permitted in this EULA
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software
• Rent, lease, loan, sell, sublicense, or otherwise transfer the Software to any third party
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Software
• Use the Software to develop competing products or services
• Share your license key or account credentials with others
• Circumvent or attempt to circumvent any technical protection measures in the Software
• Use the Software in any way that violates applicable laws or regulations

Any unauthorized use of the Software will result in immediate termination of this license and may subject you to legal action.

The Software is licensed, not sold. NyxEdit and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein.

This EULA does not grant you any rights to:

• Use NyxEdit trademarks, logos, or brand names without prior written consent
• Patent, copyright, or other proprietary rights to the Software
• The Software's underlying technology, algorithms, or source code

Content Created with the Software:

You retain all rights to video content and projects you create using the Software. NyxEdit claims no ownership or rights to your creative output.

Software Updates:

NyxEdit may provide updates, patches, bug fixes, and new versions of the Software from time to time. Your license includes access to all minor updates and bug fixes for your purchased products. Major version upgrades may be offered as separate purchases.

Updates may:

• Modify or remove features of the Software
• Change system requirements
• Be automatically downloaded and installed

Technical Support:

NyxEdit provides email-based technical support for licensed users. Support is provided on a best-effort basis and does not include guaranteed response times. Support is available in English.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, NyxEdit disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Accuracy or completeness

NyxEdit does not warrant that the Software will be error-free, uninterrupted, or meet your specific requirements. You assume all risks associated with the use of the Software.

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term of this EULA.

Upon termination:

• You must cease all use of the Software
• You must delete or destroy all copies of the Software in your possession
• Your license key will be deactivated
• You will not be entitled to any refund

Sections of this EULA that by their nature should survive termination will survive, including but not limited to intellectual property rights, warranty disclaimers, and limitations of liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYXEDIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NYXEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, NyxEdit's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the Software.

We collect and process the following types of personal information:

Account Information:

• Email address (required for account creation and communication)
• Full name (optional)
• Password (encrypted using bcrypt hashing)
• Account creation and last login timestamps

Payment Information:

• Payment card information (processed and stored by Stripe, not by us)
• Billing address (if provided during checkout)
• Transaction history and order details

License and Usage Data:

• License keys and activation status
• Product download history
• Purchase history and receipts

Technical Information:

• IP address (for security and fraud prevention)
• Browser type and version
• Device information
• Cookies and similar tracking technologies

We use your personal information for the following purposes:

Service Provision:

• Creating and managing your account
• Processing purchases and payments
• Generating and delivering license keys
• Providing customer support and technical assistance
• Sending important service-related notifications (order confirmations, license keys, etc.)

Legal Basis (GDPR):

• Contract performance: Processing necessary to fulfill our contract with you
• Legitimate interests: Fraud prevention, security, and service improvement
• Consent: Marketing communications (opt-in only)
• Legal obligation: Tax and accounting requirements

Communication:

• Responding to your inquiries and support requests
• Sending product updates and important announcements
• Marketing communications (only with your explicit consent, easily unsubscribable)

Security and Fraud Prevention:

• Detecting and preventing fraudulent transactions
• Protecting against unauthorized access
• Monitoring for security threats

We implement industry-standard security measures to protect your personal information:

• Password Protection: All passwords are encrypted using bcrypt hashing with salt, making them unreadable even to us
• Secure Transmission: All data is transmitted over encrypted HTTPS connections (SSL/TLS)
• Database Security: Our PostgreSQL database uses secure authentication (scram-sha-256) and access controls
• Payment Security: Payment information is processed by Stripe (PCI-DSS Level 1 certified) and never stored on our servers
• Access Controls: Strict access controls limit who can access personal data
• Regular Backups: Data is regularly backed up to prevent loss

While we use reasonable security measures, no method of transmission over the Internet is 100% secure. We cannot guarantee absolute security but we take your data protection seriously.

We do not sell, rent, or trade your personal information. We only share data with trusted third parties who help us operate our business:

Service Providers:

• Stripe: Payment processing (see Stripe Privacy Policy)
• Hosting Provider: VPS hosting for website and database infrastructure

All third-party service providers are contractually obligated to protect your data and use it only for the purposes we specify.

Legal Requirements:

We may disclose your information if required by law, court order, or governmental request, or to protect our rights, property, or safety.

Under the General Data Protection Regulation (GDPR), you have the following rights:

• Right to Access: Request a copy of all personal data we hold about you
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure ("Right to be Forgotten"): Request deletion of your personal data (subject to legal obligations)
• Right to Restrict Processing: Limit how we use your data
• Right to Data Portability: Receive your data in a machine-readable format
• Right to Object: Object to processing based on legitimate interests or direct marketing
• Right to Withdraw Consent: Withdraw consent for data processing at any time

To exercise any of these rights, please contact us at privacy@nyxedit.com. We will respond to your request within 30 days.

You also have the right to lodge a complaint with a supervisory authority in your country if you believe we have not handled your data properly.

We retain your personal data only as long as necessary for the purposes stated in this Privacy Policy:

• Active Accounts: Data is retained as long as your account is active
• Purchase Records: Retained for accounting and tax purposes (typically 7 years as required by law)
• Deleted Accounts: Most data deleted within 30 days, except where retention is legally required
• Backups: Data in backups is deleted according to our backup retention schedule

After the retention period expires, personal data is securely deleted or anonymized.

We use cookies and similar technologies to improve your experience:

Essential Cookies:

• Authentication and session management
• Shopping cart functionality
• Security features

You can control cookies through your browser settings. However, disabling essential cookies may affect the functionality of our website.

Your data is primarily stored and processed in the European Union (Poland). If data is transferred to countries outside the EU, we ensure appropriate safeguards are in place, such as:

• Standard Contractual Clauses (SCCs) approved by the European Commission
• Adequacy decisions for countries recognized by the EU as providing adequate protection
• Service providers with appropriate data protection certifications

We stand behind the quality of our products. If you're not satisfied with your purchase, you may request a full refund within 14 days of your purchase date.

Eligible Refunds:

• Product does not work as described
• Technical issues that cannot be resolved by our support team
• Compatibility problems with your system that were not disclosed
• You're unsatisfied for any reason within the 14-day period

Important Notes:

• Refunds must be requested within 14 days of purchase
• The product must have been purchased directly from NyxEdit (not through third-party marketplaces)
• We may request feedback on why you're requesting a refund to improve our products
• This policy is in addition to your statutory rights under EU consumer law

To request a refund, please follow these steps:

Step 1: Contact Support

Email us at refunds@nyxedit.com with the subject line "Refund Request"

Step 2: Provide Information

Include the following in your email:

• Your order number or email address used for purchase
• Product name
• Date of purchase
• Reason for refund (optional but helpful)

Step 3: Confirmation

We will review your request and respond within 1-2 business days with confirmation and next steps.

Step 4: License Deactivation

Once approved, your license key will be deactivated and you must cease using the software.

Processing Timeline:

• Review: 1-2 business days to review and approve your request
• Refund Initiation: Once approved, refunds are processed within 3-5 business days
• Bank Processing: Your bank or payment provider may take an additional 5-10 business days to reflect the refund in your account

Refund Method:

Refunds will be issued to the original payment method used for the purchase. If this is not possible, we will contact you to arrange an alternative method.

Confirmation: You will receive an email confirmation once your refund has been processed. Please retain this for your records.

The following items are generally non-refundable:

• Purchases made more than 14 days ago
• Products purchased from third-party resellers or marketplaces
• Licenses that have been transferred or sold to another party
• Refund requests made after the EULA has been terminated due to violation of terms

Exceptions:

We may make exceptions on a case-by-case basis for extenuating circumstances. Please contact us to discuss your situation.

If you are a consumer located in the European Union, you have specific rights under EU law:

14-Day Withdrawal Right:

You have the right to withdraw from your purchase within 14 days without giving any reason. However, by downloading and activating the software, you acknowledge that you expressly requested immediate delivery of digital content and waive your right of withdrawal once the download has begun.

2-Year Legal Guarantee:

Under EU law, if the software is faulty or does not match the description, you have the right to a repair, replacement, price reduction, or refund within 2 years of purchase.

These statutory rights are in addition to our 14-day money-back guarantee and do not affect your legal rights as a consumer.

Before initiating a chargeback with your bank or credit card company, please contact us directly. We are committed to resolving any issues and processing legitimate refund requests promptly.

Chargeback Consequences:

• Immediate termination of your account and all licenses
• Revocation of access to all products and future updates
• Potential ban from future purchases

Fraudulent chargebacks may be reported to appropriate authorities and may result in legal action.