Nixplay Terms of Service

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Nixplay Terms of Service

Effective April 21, 2025

Scope of Service

These Terms of Service ("Terms") set forth the legally binding conditions governing your access to and use of Nixplay's digital photo frames, online store, services, and paid offerings, including but not limited to all related websites, hardware products (such as Nixplay digital photo frames), networks, software, mobile applications, and any other products or services provided by Nixplay (collectively, the "Service").

The Service is operated by Creedon Technologies USA, LLC, except for the domain www.nixplay.co.uk, which is owned and operated by Creedon Technologies Limited, UK, doing business as ("d/b/a") NIXPLAY ("Nix," "Nixplay"). These Terms apply to all individuals and entities, including personal users, business users, visitors, and any other individuals who access or use the Service (collectively, "Users").

You are required to carefully review these Terms in their entirety. By accessing or using any Services provided or operated by Nixplay, you acknowledge and affirm that you have read, understood, and agreed to be legally bound by these Terms, including all referenced Nixplay policies applicable to your use of the Service.

If you are accepting these Terms on behalf of an organization or company, you represent and warrant that you have the authority to do so, and in such cases, the terms "you" and "your" shall apply to both you as an individual and the organization you represent.

  1. Acceptance of the Terms
    Your use of the Service is subject to these Terms and all applicable laws. By accessing the Service, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use the Service. You are responsible for ensuring that your access to the Service and the material available on or through it is legal in each jurisdiction in or through which you access or view the website, mobile app, or such material.

    Disputes - Binding Arbitration Agreement

    These Terms provide that all disputes between you and Nixplay will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY, and your claims cannot be brought as a class action. Please review the arbitration section below for details regarding your agreement to arbitrate any disputes with Nixplay.

  2. Privacy
    Nixplay values your privacy. Any information you provide to Nixplay, or that we collect about you or other users, is governed by our Privacy Notice, which you agreed to when registering your account, also applies to this Service and is incorporated by reference as part of these Terms.

    For details on how Nixplay collects, uses, shares, and protects your information, please review our Privacy Notice at https://www.nixplay.com/pages/privacy-policy, which is incorporated into these Terms by reference.

  3. Eligibility to use our services
    To use the Service, you must be at least sixteen (16) years of age. By accessing or using the Service, you represent and warrant that:

    (i) You are at least sixteen (16) years old;

    (ii) You have not been previously suspended or removed from the Service; and

    (iii) Your use of the Service complies with all applicable laws and regulations.

    If you are using the Service on behalf of an organization or company, you further represent and warrant that you have the legal authority to bind that entity to these Terms, and you agree that these Terms apply to both you and the organization or company you represent.

  4. Nixplay Services

    Service Description

    Subject to these Terms, you are granted access to use the Service. The Service enables you to upload, manage, and organize your photos and other audiovisual content ("Content") through the Nixplay web browser interface and/or mobile application. This Content can be displayed on a paired Nixplay digital photo frame or supported third-party devices, including approved Samsung Smart TVs, Android TVs, and Amazon FireStick devices.

    Additionally, you may share Content with approved contacts and friends based on the sharing settings you configure within the Service.

    Product Descriptions and Accuracy

    Nixplay digital photo frames are sold separately and may be subject to additional terms and conditions. Nixplay and its affiliates strive to provide accurate and up-to-date descriptions of all products available for sale. However, Nixplay does not guarantee that product descriptions, specifications, or other content on its website or mobile application are entirely accurate, complete, reliable, current, or free from errors. In the event of inaccuracies, Nixplay reserves the right to correct or update product information without prior notice.

    Changes to Services

    The prices, details, and availability of features provided by the Service are subject to change without notice. This website and/or mobile app and its contents are not to be construed as an offer to sell any product or service.

  5. Accounts and Registration
    To access and use certain features of the Service, you must create an account. During registration, you may be required to provide certain personal information, including but not limited to your email address and other contact details. You represent and warrant that all information you provide is accurate, complete, and up to date, and you agree to update it as necessary to maintain its accuracy.

    As part of the registration process, you will be required to create a password. You are solely responsible for maintaining the confidentiality of your account credentials and for any activity conducted under your account. You acknowledge that you are fully responsible for all actions taken under your account, whether authorized by you or not. If you suspect that your account has been compromised or accessed without authorization, you must notify Nixplay immediately at support@nixplay.com.

    Account Deletion

    Users may request the deletion of their Nixplay account directly through the Nixplay mobile application. By deleting your account, you acknowledge and agree to the following:

    • Loss of Access: You will lose access to all Nixplay services, including any associated frames, cloud storage, and content shared with or received from other users.
    • Subscription Cancellation: If you have an active Nixplay Lite or Nixplay Plus subscription, and it was purchased through the app, you should cancel the subscription first or contact the relevant app store. Refunds will not be issued for any remaining subscription period.
    • Shared Content: Any content you have previously shared with others may remain accessible to those users unless they also delete it.
    • Legal and Compliance Obligations: Some data may be retained by Nixplay as required by law, regulatory compliance, or for fraud prevention purposes.

  6. Nixplay Paid Services
    Nixplay may charge fees for access to certain features or portions of the Service ("Paid Services"), as specified on our website and mobile application at the time you subscribe. Paid Services may include premium features, additional storage, and extended warranty coverage beyond the manufacturer's limited warranty. For further details, please refer to the Subscription Plans and Updates and Frame Warranty and Extended Warranty sections.

    Prices, service details, and feature availability are subject to change at any time without prior notice. The content on Nixplay's website and mobile application does not constitute an offer to sell any product or service.

    Paid Services are for individual use only and may not be shared with others. By subscribing to a Paid Service, you authorize Nixplay and its third-party payment processor to charge your designated payment method for all applicable fees, including any taxes, in U.S. dollars or another supported currency at the time of payment. You represent and warrant that you are authorized to use the selected payment method.

    If Nixplay does not receive payment from your payment provider, you agree to pay all outstanding amounts upon demand. Nixplay reserves the right to suspend or terminate access to Paid Services until full payment is received. Additionally, you agree to reimburse Nixplay for any costs incurred in collecting unpaid amounts, including but not limited to reasonable attorneys' fees and collection agency expenses.

    Subscription Plans and Updates

    Effective April 21, 2025, Nixplay has introduced a subscription-based model with the following plans:

    1. Basic (Free): Core functionality required to operate your Nixplay digital photo frame, including essential frame compatibility and basic photo sharing.
    2. Lite: Increased storage and enhanced features such as extended video durations, and additional app functionality to facilitate advanced content sharing and management.
    3. Plus: Unlocks unlimited storage, extended video durations, exclusive features like NixCast, premium tools such as Nixplay Events, and all current and future premium capabilities.

    Users of Nixplay's Standard plan will automatically transition to the Basic plan. Lite and Plus subscriptions provide increased storage and premium features.

    Changes to Free Plans and Functionality

    While Nixplay remains committed to maintaining core functionality for free through the Basic plan, the following changes apply:

    • Limits on storage and file sizes have been introduced for Basic users.
    • Access to certain premium features, previously free, now requires a Lite or Plus subscription.
    • No content will be deleted, but some content may become inaccessible without a subscription. Tools are provided to assist with managing content.

    Renewal and Cancellations

    Your Paid Service automatically renews, and you will be charged a fee until canceled by you or by Nixplay. You may cancel your subscription or account at any time. All sales are final, and Nixplay will not refund any amounts paid, except as expressly provided in these Terms. If you purchased the Paid Service through an app store, such as Apple or Google Play, you must use the tools provided by those platforms to manage or cancel your Paid Service.

  7. Frame Warranty and Extended Warranty

    Standard Frame Warranty

    Nixplay provides a standard warranty for its digital photo frames purchased directly from Nixplay or an authorized reseller. This warranty covers manufacturing defects and hardware malfunctions under normal use conditions for a period specified at the time of purchase (usually one year from the date of purchase). The terms and conditions for the standard warranty are subject to Nixplay's warranty policy, which can be found here.

    Extended Warranty (Nixplay Plus Subscribers)

    In addition to the standard warranty, Nixplay offers an Extended Warranty exclusively for Nixplay Plus subscribers with Frames from Nixplay, subject to the following conditions:

    The extended warranty add-on must be purchased and renewed annually, with uninterrupted coverage throughout the ownership of the frame.

    • Frames eligible for the extended warranty must be less than one (1) year old at the time of purchasing the extended warranty.
    • Both the Nixplay Plus subscription and the extended warranty add-on must remain active and continuous for any warranty claims to be considered valid.
    • Any lapse in either the subscription or the extended warranty add-on will render the extended warranty void, and the frame will no longer be eligible for claims under this coverage.

    Limitations and Exclusions

    The following limitations apply to both the standard and extended warranties:

    • The warranty does not cover damage caused by misuse, accidents, unauthorized modifications, improper storage, or repairs conducted by unauthorized service providers.
    • Cosmetic damage, such as scratches or discoloration, that does not affect the functionality of the frame is excluded.
    • Shipping or return costs for repairs or replacements under the warranty may be the responsibility of the customer unless otherwise specified.

    Claims Process

    To submit a warranty claim:

    1. Contact Nixplay customer support at support@nixplay.com with your proof of purchase and details of your Nixplay Plus subscription and extended warranty.
    2. Nixplay reserves the right to verify subscription continuity and warranty eligibility before processing the claim.
    3. Ineligible claims or claims for frames no longer under warranty will not be processed.

    Right to Modify Warranty Terms

    Nixplay reserves the right to update or modify its warranty terms at its discretion. Changes will be communicated to affected users and applied only to future purchases or renewals.

    This section could be placed under a new heading, such as Frame Warranty and Extended Warranty, within the “Nixplay Paid Services” or “Additional Terms” section of your Terms of Service to maintain the document’s structure and clarity.

  8. Content and User Responsibilities

    Ownership and Access

    • Ownership: You retain ownership of the content you upload to Nixplay.
    • Use: By uploading content, you grant Nixplay the necessary rights to store, process, and display your content to provide the Service.
    • Access Control: You control who can access shared content. Shared content may be used and reproduced by those with access without Nixplay knowledge.
    • Removal: Nixplay reserves the right to limit or remove content that violates these Terms or applicable laws.

    What Does Nixplay Do With My Content?

    When you upload or transmit content ("Content") to the Service, you grant Nixplay permission to store, process, and display your Content as necessary to provide the Service.

    • This includes, but is not limited to, resizing, geotagging, and optimizing Content for display on Nixplay frames and other supported devices.
    • To enhance your experience and improve the Service, Nixplay may collect and analyze metadata related to your Content, such as file orientation, device type, user preferences, and interactions with the Service.
    • Some of this data may be personally identifiable. For more details on how Nixplay collects, processes, and protects your information, please refer to our Privacy Policy.

    Can Nixplay Remove My Content?

    Yes. Nixplay reserves the right to remove, restrict access to, or limit the distribution of Content that:

    • Violates these Terms of Service or applicable laws.
    • Has been reported by another User as inappropriate or infringing.
    • Is subject to an intellectual property complaint or legal order requiring its removal.

    Nixplay may also block certain Content from being transmitted through the Service to maintain platform security and user safety. While using the Service, you may be exposed to Content from various sources that you find inaccurate, offensive, or objectionable. You agree to waive any legal or equitable claims against Nixplay regarding such Content.

    Automated Archiving of Inactive Accounts

    Nixplay has implemented an automated archiving system for accounts that have been inactive for six (6) consecutive months. If you do not have an active Nixplay device connected to your account and have not logged in or updated your content within this timeframe, your account will be considered inactive, and your content will be transferred to a secure cloud vault as part of our regular data management process.

    Content Preservation and Retrieval

    • Content is Not Deleted: Nixplay is committed to preserving your photos and videos, and your content will not be deleted as part of the archiving process.
    • Retrieving Archived Content: If your account has been archived, you can restore access by logging back into the Nixplay app and confirming content retrieval.
    • Automatic Restoration: The retrieval process is automatic and typically takes no longer than one day.

    Maintaining an Active Account

    To prevent your account from being archived, ensure that you:

    • Log in to the Nixplay app at least once every six (6) months.
    • Maintain an active Nixplay device connected to your account.
    • Regularly update or manage your content within the app.

    For further assistance regarding account archival or content retrieval, please contact Nixplay Support at support@nixplay.com.

    Friends and Sharing

    By accepting or sending a friend request through the Service, you allow that person to share and receive Content with you.

    If you enable the auto-accept feature, any User with your username may add you as a friend and send photos. You acknowledge that enabling auto-accept waives any legal or equitable claims against Nixplay related to Content received through this feature. If you wish to restrict Content sharing, you are responsible for adjusting your privacy and sharing settings accordingly.

  9. Digital Millennium Copyright Act (DMCA)
    Nixplay complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints regarding material posted on the Service, contact Nixplay's Designated Agent at:

    Creedon Technologies USA, LLC
    12301 Whitewater Drive Suite 115
    Minnetonka, MN 55343, United States
    E-mail: support@nixplay.com

    Any DMCA notice must include:

    1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
    2. A description of the copyrighted work that has been infringed.
    3. A description of the material that you claim is infringing and where it is located on the Service.
    4. Your address, telephone number, and email address.
    5. A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

    Nixplay will terminate, without notice, the accounts of repeat infringers.

    Prohibited Conduct

    BY USING THE SERVICE YOU AGREE NOT TO:

    • Use the Service for any illegal purpose, or in violation of any local, state, national, or international law.
    • Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating intellectual property rights.
    • Post, upload, or distribute any content that is unlawful, defamatory, libelous, profane, or otherwise inappropriate.
    • Interfere with the operation of the Service or any User's enjoyment of the Service.

  10. Termination of Use
    Nixplay may terminate or suspend accounts that violate these Terms. Inactive accounts (over six months) will have their content archived but not deleted. Archived content remains retrievable upon account reactivation. Users can contact support for assistance in retrieving archived content.

  11. Ownership; Proprietary Rights
    The Service is owned and operated by Creedon Technologies USA, LLC, apart from the domain www.nixplay.co.uk, which is owned and operated by Creedon Technologies Limited, UK. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by Nixplay are protected by all relevant

    intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Nixplay or its third-party licensors. Except as expressly authorized by Nixplay, you may not make use of the Materials.

    Nixplay reserves all rights to the Materials not granted expressly in these Terms.

  12. Indemnity
    You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Nixplay and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Nixplay Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity,

    confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. Nixplay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Nixplay's defense of such claim.

  13. Disclaimers; No warranties
    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NIXPLAY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE NIXPLAY ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE

    CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NIXPLAY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR

    DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE

    THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY

    ASSOCIATED WEBSITES, OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR

    PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF CONTENT OR DATA THAT RESULTS

    FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  14. Limitation of Liability
    IN NO EVENT WILL THE NIXPLAY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NIXPLAY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NIXPLAY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO NIXPLAY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.

    THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  15. Governing Law
    These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Nixplay agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes.

  16. General
    These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Nixplay regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without Nixplay's prior written consent. Nixplay may assign these Terms at any time without notice. The failure to require performance of any provision will not affect Nixplay's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for

    convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or

    expiration.

  17. Dispute Resolution and Arbitration

    The Service is owned and operated by Creedon Technologies USA, LLC, apart from the domain www.nixplay.co.uk, which is owned and operated by Creedon Technologies Limited, UK. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by Nixplay are protected by all relevant

    intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Nixplay or its third-party licensors. Except as expressly authorized by Nixplay, you may not make use of the Materials. Nixplay reserves all rights to the Materials not granted expressly in these Terms.

    General.

    In the interest of resolving disputes between you and Nixplay in the most expedient and cost-effective manner, you and Nixplay agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited

    review by courts. Arbitrators can award the same damages and relief that a court can award. The parties' agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud,

    misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NIXPLAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    Exceptions

    Notwithstanding subsection 19.1, both parties agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of the parties' right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

    Arbitrator

    Any arbitration between you and Nixplay will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by theseTerms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting

    Nixplay

    Notice & Process

    A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that Nixplay does not have a physical address on file for you, by electronic mail ("Notice"). Nixplay's address for Notice is: Creedon Technologies USA, LLC, 12301 Whitewater Drive Suite 115, Minnetonka, MN 55343, United States.

    The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). Nixplay agrees to use good faith efforts to resolve the claim directly, but if Nixplay does not reach an agreement to do so within thirty (30) days after the Notice is received, you or Nixplay may commence an arbitration proceeding.

    Fees

    The payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established bythe AAA Rules in the county (or parish) of your billing address. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

    No Class Actions

    YOU AND NIXPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nixplay agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or

    class proceeding.

    Modifications

    In the event that Nixplay makes any future change to this arbitration provision (other than a change to Nixplay's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to Nixplay's address for Notice, in which case your account with Nixplay shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

    Enforceability.

    If Subsection No Class Actions section is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.

  18. Updates to Terms of Service
    Nixplay reserves the right to update these Terms. Users will be notified of material changes through appropriate channels (e.g., email, pop-ups). Continued use of the Service signifies acceptance of updated Terms.

    Contact Information

    For questions or concerns, contact us at:
    Creedon Technologies USA, LLC
    12301 Whitewater Drive Suite 115
    Minnetonka, MN 55343, United States
    E-mail: support@nixplay.com