Terms of Service

1. Who these Terms bind

NIX is a business-to-business service for schools. A school subscribes to NIX and authorizes its staff to administer it and its students to use it. If you accept these Terms on behalf of a school, you represent that you are authorized to bind that school. Students access the Service under their school's authorization and as part of the school's educational program.

2. Eligibility

Admin accounts are for authorized school personnel who are adults able to enter a binding agreement. Because NIX is provided to and directed by the school, the school is responsible for authorizing student use and for providing any notices to, and obtaining any consent from, parents or guardians required by law (see our Privacy Policy, including the COPPA and FERPA section).

3. Accounts

You are responsible for the accuracy of the information in your account, for keeping your credentials secure, and for activity under your account. Tell us promptly at contact@nix.management of any unauthorized use. We may suspend or terminate accounts that violate these Terms or the law, or that put the Service or others at risk.

4. Acceptable use

Use the Service only for its intended purpose: running phone-free school events and, where adopted, supporting a phone-free school-day policy. You will not misuse the Service, access it without authorization, interfere with its operation, attempt to reverse engineer it except as the law permits, scrape or harvest data from it, or use it to violate any law or the rights of others.

5. School data & our role

For student records processed through the Service, the school is the data controller and NIX acts as its service provider and “school official” under FERPA. We handle that information as described in the Privacy Policy and under the school's direction. The school is responsible for the lawfulness of the data it directs us to process and for the consents and notices its use of NIX requires.

6. Subscriptions & billing

NIX is offered to schools on a per-school subscription, billed annually. Schools can start with a 14-day free trial; a payment method is required up front to begin, but the school is not charged until the trial ends and may cancel any time before then to avoid any charge. Paid plans are activated from the admin console, and online card payment is handled by Stripe on our website, not through in-app purchase. Students never pay for NIX, and the Service sells no digital goods to students.

Subscriptions renew automatically for successive annual terms at the price in effect at renewal (plus any applicable tax) unless the school cancels before the renewal date. A school can cancel at any time from the admin console; cancellation takes effect at the end of the current term. Fees are non-refundable except as required by law. We may change prices with at least 30 days' notice before a renewal; if the school does not accept the new price, it can cancel before the change takes effect.

7. Content uploaded by schools

Staff may upload content such as event marketing and prize images and a school's branding (“School Content”). The school keeps ownership of its School Content and grants us only the limited license needed to host and display it to operate the Service. The school represents that it has the rights to the School Content it uploads and that it does not infringe any third party's rights.

Copyright (DMCA). If you believe content on the Service infringes your copyright, email contact@nix.management with: identification of the work and of the allegedly infringing material and its location; your contact information; a statement of good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act; and your signature. We respond to valid notices and terminate repeat infringers.

8. Our intellectual property

The Service and its software, design, and NIX branding are owned by NIX Development LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by your school's subscription and these Terms. You may not copy, modify, distribute, sell, or create derivative works of the Service without our written consent.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted or error-free, or that phone-free verification will be accurate in every situation. Verification results are signals to support a school's decisions, not a guarantee.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT THE SCHOOL PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY OR US $100.

11. Indemnification

You agree to indemnify and hold harmless NIX Development LLC and its officers, employees, and agents from any claim or demand (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

12. Termination

You may stop using the Service at any time; students can delete their account in the app, and schools can close their account by contacting us. We may suspend or terminate access for violations of these Terms or the law. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing law & disputes

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. Before filing anything, you agree to first try to resolve a dispute informally by contacting us at contact@nix.management; if it is not resolved within 60 days, either party may bring the dispute in small-claims court or in the state or federal courts located in Ottawa County, Michigan, and you and NIX consent to the jurisdiction of those courts. (NIX does not require arbitration.)

14. Apple App Store terms

These Terms are between you and NIX only, not with Apple, and Apple is not responsible for the app or its content. Your use of the app must comply with the App Store Terms of Service. To the extent the app is licensed (not sold) to you, the license is a limited, non-transferable license to use it on Apple-branded devices you own or control, as the App Store Usage Rules permit.

NIX, not Apple, is solely responsible for the app and for any maintenance and support, for any product warranties (whether or not disclaimed above), and for addressing any claims relating to the app, including product-liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer-protection or privacy law. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. NIX, not Apple, is responsible for addressing any third-party claim that the app or your use of it infringes that party's intellectual property rights. You represent that you are not located in a U.S.-embargoed country or on a U.S. government prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will revise the “Effective” date above and communicate material changes to schools. Continued use of the Service after a change takes effect means you accept the revised Terms.

16. Contact

Questions about these Terms?

• Email: contact@nix.management
• Mail: NIX Development LLC, 12167 W Devis Rd, West Olive, MI 49460-9393, United States