Terms and Conditions

Version 1.26.2 | Effective: March 13, 2026.
Last updated: March 13, 2026.
©2026 Nektony LLC.

These Terms and Conditions (“Terms”) govern your access to and use of any software, applications, and related services provided by Nektony LLC (“Nektony”, “we”, “us”, or “our”) (collectively, the “Software”).

By accessing, downloading, installing, or using the Software, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. By clicking “Accept” – checking the corresponding acceptance checkbox, or otherwise affirmatively indicating your agreement within the Software, you electronically consent to and enter into a legally binding agreement with Nektony. Your electronic acceptance of these Terms constitutes a valid and legally enforceable manifestation of your consent and agreement thereto and shall be deemed equivalent to, and have the same legal effect as, a handwritten signature. If you do not agree to these Terms, you must immediately discontinue use of the Software and uninstall it from all devices on which it is installed.

Nektony reserves the right, at its sole discretion, to modify or update these Terms at any time. Any revisions will be published on this page and, unless otherwise specified, shall become effective upon posting. Your continued access to or use of the Software following the publication of updated Terms constitutes your acceptance of such revisions.

Recording of Acceptance

By clicking “Accept” – checking the corresponding acceptance checkbox, or otherwise affirmatively indicating your agreement, you expressly confirm that you have read, understood, and agree to be legally bound by these Terms. Such action constitutes a valid and enforceable electronic acceptance and forms a legally binding agreement between you and Nektony.

Your acceptance is automatically recorded, time-stamped, and securely stored in our systems as conclusive evidence of the conclusion of this agreement. All acceptance records are protected using industry-standard technical and organizational measures to prevent unauthorized access, disclosure, or modification.

At the time of acceptance, we automatically collect and store only the technical and identification data strictly necessary to evidence and verify the transaction. The data collected depends on how you accept these Terms:

When accepting via Nektony Products or Services:

a unique device identifier (UUID);
your IP address at the time of acceptance;
the exact version of these Terms in force at the time of acceptance;
the exact version of the Privacy Policy in force at the time of acceptance;
application or software version and operating system version;
the precise date and time (UTC) of acceptance;
geolocation data derived from your IP address.

When accepting via the Nektony website:

application or software version and operating system version;
the precise date and time (UTC) of acceptance;
geolocation data derived from the IP address, limited to country and/or region level.

This data is processed under one or more of the following legal bases pursuant to Article 6(1) of the GDPR, as applicable:

Consent (Article 6(1)(a)) – by affirmatively accepting these Terms, you explicitly provide informed consent to the collection and processing of the personal data described above;
Performance of a contract (Article 6(1)(b)) – processing is necessary for the execution and enforcement of the license or agreement between you and Nektony, including verification of acceptance and compliance with license restrictions;
Legal obligation (Article 6(1)(c)) – processing is necessary to comply with applicable statutory or regulatory obligations, including record-keeping requirements and verification of software licensing and intellectual property rights; and
Legitimate interests (Article 6(1)(f)) – to document and prove the formation of a legally binding agreement, prevent fraud, misuse, or unauthorized access, establish, exercise, or defend legal claims, and protect our intellectual property and other lawful business interests.

No data beyond what is strictly necessary for these purposes is collected or processed. Acceptance records will be retained for the duration of the contractual relationship and for a period of 5 years thereafter, or longer if required by applicable law. Electronic records of acceptance shall be admissible as evidence in any legal proceedings.

For information about your personal data, including how to exercise your rights under applicable data protection laws, please consult our Privacy Policy.

Usage Policy

By using the software by Nektony, you acknowledge and agree to the Privacy Policy.

Nektony applications are designed for Mac computers running Apple macOS, iPhone and iPad running iOS and devices running Android platform. You will need to review System Requirements for specific versions of operating systems supported by the Software.

Proprietary Rights

The copyright in all material contained on, in, or available through the Software including all information, data, text, sounds, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned/licensed by Nektony LLC. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without a permission.

Ownership. The Website, all components thereof, any content accessible through them, and all Products developed/owned by Nektony LLC(collectively, the “Platform”), including but not limited to software code, technical infrastructure, design elements, structure, architecture, databases, and all forms of content such as text, images, graphics, audiovisual works, animations, music, sound effects, logos, trademarks, and other intellectual creations (whether registered or unregistered), are and shall remain the exclusive property of “Nektony LLC” and/or its licensors. All elements of the Platform are protected by applicable intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret, and database protection laws.

Retention of rights. Nektony retains all right, title, and interest in and to its technology, know-how, and any intellectual property or proprietary materials developed, used, or provided by Nektony in connection with the Platform, including any modifications, enhancements, or derivative works thereof, whether or not such elements are visible or accessible to You.

Limited license. Nothing in these Terms shall be construed as granting You any ownership or other rights in the Platform or any intellectual property therein, except for a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Platform solely in accordance with its intended purpose and these Terms, on an “AS IS” and “AS AVAILABLE” basis.

User representations and responsibilities. You represent and warrant that You have obtained all necessary rights, consents, licenses, and permissions to lawfully access, receive, and use the Services and any content or results generated therefrom. You acknowledge and agree that You are solely responsible (including financially and legally) for ensuring that Your use of the Platform and any outputs, deliverables, or derivative works resulting from the Services comply with all applicable laws, regulations, and third-party rights, including intellectual property rights.

Restrictions on Use

You agree not to, and shall not permit others to, with respect to any part of the Platform or any partial or complete outputs or deliverables of the Services, for any commercial or non-commercial purpose and without Nektony’s prior written consent, engage in any of the prohibited actions set forth below:

Reverse Engineering & Source Code Access – decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, underlying structure, ideas, know-how, or algorithms of the Software, or otherwise attempt to reconstruct or gain access to any proprietary or confidential components of the Software, except where such activities are expressly permitted by mandatory applicable law;
Extraction or Separation of Components – extract, isolate, or use any component, module, model, dataset, UI element, or functionality of the Software separately from the Software as an integrated whole;
Replication or Imitation of Design Elements – replicate, imitate, reproduce, or create confusingly similar graphical user interfaces, user flows, design systems, interaction logic, look-and-feel, or other distinctive visual or functional elements of the Software in any competing or non-competing products;
Claiming Authorship or Misrepresentation – claim authorship, ownership, originality, or inventorship of any content, output, logic, or features generated by, or originating from, the Software, including autogenerated or AI-produced materials;
Modifications & Derivative Works – modify, translate, adapt, port, localize, enhance, or create derivative works based upon the Software, its components, or any part thereof, without Nektony’s prior written consent;
Use for Model Training, Benchmarking, or Dataset Creation – use the Software (or any outputs generated by it) to train, fine-tune, benchmark, evaluate, or compare machine-learning models, large language models (LLMs), or AI systems, unless expressly authorized in writing by Nektony;
Circumvention of Security or Technical Restrictions – bypass, disable, interfere with, or otherwise circumvent any access controls, license enforcement mechanisms, rate limits, usage restrictions, or other security or technical protection measures embedded in the Software;
Automated Access or Scraping – use automated scripts, bots, spiders, crawlers, or similar tools to access, extract, index, mine, or scrape any part of the Software or its content;
Competitive Use – use the Software to develop, train, assist in developing, or improve any product or service that is competitive with any product or service offered by Nektony, including using the Software for feature replication, benchmarking, or competitive analysis;
Unlawful or Harmful Use – use the Software in violation of any applicable laws, regulations, export controls, or in a manner that could cause harm to Nektony, its infrastructure, other users, or any third party.

Any violation of the restrictions above constitutes a material breach of this Agreement and may result in immediate suspension or termination of your license, revocation of access, and potential legal action, including claims for damages.

Additionally to the above – Trade Secret and Data Protection

The Software contains proprietary trade secrets and confidential information, including but not limited to file application metadata, associated records, configuration, analytics, and all other data regarding the Platform (collectively, “Proprietary Data”). The Proprietary Data constitutes the trade secrets and confidential information of Nektony.

You shall not, directly or indirectly, and whether alone or in combination with others:

extract, copy, or reproduce the Proprietary Data, in whole or in part, by any means, including, without limitation, manual transcription, automated tools, screen capture, file system monitoring, or network traffic interception;
use the Proprietary Data to develop, enhance, or operate any product or service that competes with the Software;
share, publish, distribute, or otherwise make available the Proprietary Data to any third party;
attempt to reconstruct, derive, or reverse-engineer the Proprietary Data from the Software’s output, behavior, or file operations;
circumvent or disable any technical protection measures applied to the Proprietary Data.

Any violation of this Section constitutes a material breach of these Terms. Nektony may, at its sole discretion, immediately terminate your license and access to the Software, without prejudice to any other rights or remedies available at law or in equity, including claims for damages to the fullest extent permitted by applicable law, including but not limited to lost profits and attorneys’ fees.

Nothing in this Section shall limit the processing of personal data in accordance with our Privacy Policy, or the rights of individuals to access, correct, or control their own personal data as permitted by applicable data protection laws.

Third Party Interaction and Links

The Software may contain links to websites operated by third parties (“Third Party Websites“ / ”Third-Party Services”). Nektony may monetize some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs. Nektony does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

In your use of the Software, you may open any document and file and any such activity or any terms, conditions associated with such activity, is solely between you and the applicable third-party data. Nektony has no liability, obligation or responsibility for any such documents and data between you and any such third-party.

To avoid any misunderstandings, these Terms govern only the relationship between You and Nektony and do not apply to Your relationship with any third party. You are solely responsible for reviewing and understanding the terms, conditions, and privacy policies of any Third-Party Services You access. Nektony strongly recommends that You read and understand such terms before using any Third-Party Services. You acknowledge and agree that Your access to or use of any Third-Party Services is at Your sole risk. Nektony shall not be responsible or liable, directly or indirectly, for any damage, loss, claim, liability, or other consequences arising from or in connection with: (a) Your reliance on, use of, or interactions with Third-Party Services; (b) any goods, services, or content made available through Third-Party Services; or (c) any disputes between You and third parties, including other users of the Platform or third-party service providers.

Termination

This Agreement shall remain in force from the moment of its acceptance until its termination under the terms set forth below.

Termination or suspension by Nektony. Nektony may, at its sole discretion and without prior notice, suspend, restrict, or terminate Your access to or use of the Platform and/or Services, in whole or in part, if:

(i.) Nektony reasonably determines that Your actions or omissions violate these Terms, threaten the integrity, security, or reputation of the Platform or Nektony, or otherwise materially adversely affect Nektony or third parties;
(ii.) You fail to pay any fees, charges, or other amounts due for using the Platform and/or Services (if applicable);
(iii.) You breach any applicable law, regulation, or third-party right in connection with Your use of the Platform and/or Services.

Termination or suspension at Your request. You may request Nektony, in writing, to:

(i.) Temporarily suspend the Services (including through Nektony Products), stating the reason for such request; or
(ii.) Terminate Your use of the Services (including through Nektony Products), either unilaterally (if permitted under the agreement) or by mutual agreement.

Effect of termination. Termination of this Agreement or the License by either party shall not relieve You of any obligations or liabilities accrued prior to termination, including the payment of any outstanding fees. Upon termination, You shall immediately cease all use of the Software and shall promptly destroy, remove, or delete all copies of the Software, whether full or partial, from all computers, devices, storage media, or other locations under Your possession or control. Full termination of all business relations between the parties shall occur only after all amounts owed by You to Nektony have been fully paid, if any. Notwithstanding termination, any provision of this Agreement that by its nature is intended to survive termination, including but not limited to obligations regarding payment, confidentiality, and indemnification, shall survive and remain in full force and effect.

For the avoidance of doubt, refunds are granted solely in accordance with the “Refund Policy”. By accepting these Terms, You acknowledge and agree that the “Refund Policy” constitutes an integral and binding part of these Terms.

No liability. Nektony shall not be liable (including financially or otherwise) for any damages, losses, or consequences arising from suspension or termination of the Services (including through Nektony Products) in accordance with this Section, whether direct, indirect, incidental, or consequential.

Survival. The rights and obligations set forth in these Terms that, by their nature, should survive termination (including, but not limited to, disclaimers, indemnification, intellectual property rights, and limitations of liability) shall survive any suspension or termination of Your access to or use of the Platform and/or Services (including through Nektony Products).

License Terms for any Nektony Product(s)

Subject to your compliance with these Terms and applicable law, Nektony grants you a limited, non-exclusive, non-transferable License to use the Nektony Product(s).

For one-time purchases, the license is granted on a perpetual basis for the specific Major Version of the Product purchased, subject to termination in accordance with these Terms. Minor updates and fixes within the same Major Version are provided free of charge. Upgrades to new Major Versions and substantial new features may require a separate purchase. Such upgrades may be offered at a discounted price at Nektony’s sole discretion.

For subscription-based purchases, the license is granted for the duration of the active subscription term (the “License Term”) and includes access to all Major Versions and minor updates released during the active subscription period. The license will automatically terminate upon expiration or cancellation of the subscription unless renewed.

“Major Version” means a version of the Product identified by a change in the first numerical digit of the version number (e.g., version 9.x to 10.x).

The transfer, sale, or lease of the software license to any third party is strictly forbidden. However, the license may be transferred to a new device owned by the same user.

The number of devices on which the license can be used simultaneously cannot exceed the number specified in the purchased license. This term applies to licenses purchased on the Nektony website.

For applications distributed directly through the Nektony website, the license terms are outlined on this Terms page. For applications purchased from the Apple App Store, the terms and conditions are specified by Apple on its website.

The distribution or sharing of cracked, pirated, or unauthorized versions of Nektony’s software is strictly forbidden. By using this software, you agree to adhere to these terms. Any violations may result in the termination of your license.

Special terms for Nektony’s FireWally product. FireWally is distributed exclusively through the Apple App Store and is governed solely by a separate Custom End User License Agreement (“CEULA”) published on its App Store product page. By downloading, installing, or using FireWally, You acknowledge and agree that the FireWally CEULA governs Your use of this product exclusively, and any conflicting terms in this Agreement shall not apply to FireWally.

Payment Procedure

Certain Services (including Nektony Products) are offered on a subscription basis and may automatically renew for successive billing periods unless cancelled prior to the end of the then-current subscription term.

a. Subscription License for Nektony’s products:

If You purchase a subscription through the Apple App Store, subscription billing, renewal, and cancellation are governed by “Apple Media Services Terms and Conditions”. You may manage or cancel Your subscription through Your Apple account settings in accordance with Apple’s procedures.
If You purchase a subscription through PayPro Global, subscription billing, renewal, and cancellation are governed by “PayPro Global’s Terms & Conditions”. You may manage or cancel Your subscription in accordance with the instructions provided by PayPro Global at the time of purchase or in Your account settings.

By purchasing a subscription, You acknowledge that the subscription will automatically renew unless cancelled in accordance with the applicable platform’s procedures before the end of the current billing period.

b. Perpetual (one-time purchase) License for Nektony’s products:

If You purchase a license through the Apple App Store, Apple acts as the merchant of record and processes payments on Our behalf. License billing is handled by Apple and may be subject to “Apple Media Services Terms and Conditions”.
If You purchase a license through PayPro Global, PayPro Global acts as the merchant of record and processes payments on Our behalf. License billing is handled by PayPro Global and may be subject to “PayPro Global’s Terms & Conditions”.
If You purchase a license through Google Play Store, Google acts as the merchant of record and processes payments on Our behalf. License billing is handled by Google and may be subject to “Google Play Terms of Service”.

Absolute Disclaimer, Release, Assumption of Risk and Indemnity

To the fullest extent permitted by applicable law, You acknowledge and agree that Your use of the Platform and the Licensed Software, and any reliance thereon, including any actions taken by You as a result of such use or reliance, is at Your sole and exclusive risk. The Licensed Software and any Services provided or performed by the Licensed Software are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, or accuracy of results.

Nektony may, from time to time and at its sole discretion, provide updates, enhancements, bug fixes, or maintenance to the Software and Services. The Software may be temporarily unavailable due to scheduled maintenance, IT infrastructure updates, or other technical reasons. Your sole and exclusive remedy for any failure, defect, or non-performance of the Software or Services shall be for Nektony to use commercially reasonable efforts to correct, repair, or adjust the Software in a timely manner, as determined by Nektony at its sole discretion.

You expressly assume all risks relating to the satisfactory quality, performance, accuracy, completeness, and effort required for the use of the Software and Services. Any bug reports submitted by You will be addressed by Nektony according to its internal schedule and priorities, and no oral or written information or advice provided by Nektony or its representatives shall create any warranty. Certain jurisdictions do not allow the exclusion of implied warranties or limitations on the applicable statutory rights of consumers; therefore, some of the above disclaimers or limitations may not apply to You.

To the fullest extent permitted by applicable law, Nektony, its affiliates, and each of their officers, directors, employees, agents, independent contractors, licensors, and suppliers (collectively, the “Nektony Parties”) shall have no liability whatsoever (whether in contract, tort, strict liability, statute, or otherwise), and shall be fully released and discharged by You, for any and all claims, demands, losses, liabilities, damages, costs, or expenses (including attorneys’ fees), whether direct, indirect, incidental, special, exemplary, punitive, consequential, or otherwise, including but not limited to any financial loss, loss of profits, loss of data, loss of business or goodwill, arising out of or in any way connected with, but not limited to:

(a) Your access to or use of the Platform or Services;
(b) Your acts, omissions, or decisions while using the Platform or Services;
(c) any reliance on, use of or inability to use any content, materials, or results provided through the Platform or Services;
(d) any interaction with third parties via the Platform or Services;
(e) any interruption, suspension, modification, or termination of the Platform or Services;
(f) any errors, bugs, viruses, or other harmful components;
(g) delays, failures, or disruptions caused by events beyond Nektony’s reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest, terrorism, governmental action, outages of third-party services or networks, strikes, labor disputes, supply chain failures, or other force majeure events;
(h) any delays, failures, or losses arising from or related to third-party services, vendors, hosting providers, APIs, payment processors, or other external integrations;
(i) any claims, losses, or damages resulting from content, data, or materials provided by You or by third parties (including publicly available data), or from Your reliance on third-party data accessed via the Platform;
(j) use of beta, preview, experimental, or deprecated features, modules, or APIs, which may be unstable, modified, or removed at any time;
(k) any payment processing errors, banking delays, currency conversion issues, fees, or chargebacks;
(l) security incidents, data breaches, or unauthorized access caused by Your devices, credentials, negligent security practices, or actions of third parties outside Nektony’s reasonable control;
(m) any losses, interruptions, or restrictions resulting from governmental, regulatory, or law-enforcement actions, sanctions, or legal processes;
(n) scheduled maintenance, updates, system upgrades, or other routine activities; or
(o) any losses resulting from Your breach of these Terms, misuse of the Platform, violation of applicable laws, or misuse by Your end-users or customers.

You shall fully defend, indemnify, and hold harmless the Nektony Parties from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Your use of the Platform or Services, Your acceptance of any results or deliverables, or any breach of these Terms by You. Nektony may, at its option, assume exclusive control of any defense and settlement of any matter subject to indemnification by You.

The provisions of this Section (including disclaimers, release and waiver, limitation of liability, indemnity, assumption of risk, IP ownership, payment and refund obligations, Governing Law, and Dispute Resolution) shall survive termination or expiration of these Terms and remain in full force and effect to the maximum extent permitted by law.

By clicking “I Agree,” “Accept,” checking the consent box, accessing or using the Platform or Services, or making any payment for Services, You acknowledge that You have read, understood, and irrevocably accepted this release, waiver, and indemnity in full. If You do not accept these Terms, You must immediately cease all use of the Platform and refrain from any payment or interaction with the Services.

Miscellaneous

If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.

Nektony LLC and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

Nektony reserves the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make changes we will take one or more of the following actions (in Our discretion) to notify You: (a) post a notice on the Platform; (b) send an email or in-app notification to the e-mail address or account associated with Your account; and/or (c) require affirmative acceptance (e.g., a clickwrap consent) for material changes.

For purposes of these Terms, a “material change” includes, without limitation, any change that: (i) increases fees or charges for paid Services; (ii) materially reduces the functionality or availability of the Platform; (iii) materially diminishes Your rights under these Terms; or (iv) adds new materially restrictive obligations on You. What constitutes a material change shall be determined by Nektony in its reasonable discretion.

Material changes will become effective no earlier than seven (7) days after notice is provided, except that (i) changes required to address security vulnerabilities, to comply with law, to respond to court order, or to protect the integrity or availability of the Platform may be effective immediately with notice provided as soon as reasonably practicable; and (ii) where we require affirmative acceptance for a material change, such change will not apply to Your account until You have given such acceptance.

By continuing to access or use the Services after the effective date of any change, You accept and agree to be bound by the revised Terms. If You do not agree to the revised Terms, You must immediately cease use of the Services and, if You are an Authorized User, notify Nektony in writing of your election to terminate within fourteen (14) days of the effective date of the revised Terms. The termination under this Section shall not entitle You to any refund of fees paid, and shall not relieve You of any obligations accrued prior to termination.

Nothing in this Section shall limit Nektony’s right to make non-substantive edits (e.g., formatting, clarification, administrative corrections) at any time without prior notice. All updates to these Terms will be posted on the Platform, and the most recent version will be the version in force.

Language of These Terms

These Terms are drafted in the English language. Any translation of these Terms provided by the Nektony is made solely for the convenience of You and does not have any legal effect. In the event of any inconsistency, ambiguity, or conflict between the English version and any translated version, the English version shall prevail.

By accessing or using the Nektony’s Website, Products, or Services, or by otherwise interacting with the Nektony, You acknowledge and agree that the Nektony shall not be responsible for the accuracy, completeness, or quality of any translation, including automated or third-party translation tools (e.g., browser translation features).

Those who do not fully understand the English language are advised to obtain an independent, certified translation or seek professional legal advice before accepting this Terms or providing any personal data to the Nektony.

Applicable Law and Dispute Resolution*

*For the purposes of these Terms, “Parties” and “Party” mean the Nektony and YOU – the user of the services governed by these Terms (each individually or collectively, as the context requires). References to a “Party” include any permitted successors and assigns of such Party.

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of laws principles.

The Parties shall first attempt in good faith to resolve any dispute, claim, or disagreement arising out of or relating to these Terms through negotiation. If a dispute cannot be resolved through negotiations within thirty (30) days from the date a Party provides written notice to the other Party, the dispute shall be finally resolved by arbitration under the Rules of the International Chamber of Commerce. The seat of arbitration shall be Kyiv. The language of arbitration shall be English. The arbitration award shall be final and binding on the Parties.

Nothing in these Terms shall exclude or limit rights that cannot be waived under applicable mandatory law, including rights of consumers to bring collective or representative actions to the extent such rights are mandatory and non-waivable under applicable law. The Parties agree that dispute resolution under these Terms is intended to provide an individual mechanism for resolving claims, without prejudice to rights that must remain available under mandatory consumer protection legislation.

Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights, without prejudice to any other rights or remedies available under these Terms or at law. Each Party irrevocably and unconditionally submits to the jurisdiction of such courts for the limited purpose of seeking such relief.

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitral tribunal, the remaining provisions shall remain in full force and effect. In such a case, the provision shall be replaced or modified at the discretion of Nektony and in accordance with applicable law so as to reflect the original intent of the Terms and ensure compliance with mandatory legal requirements. The Parties acknowledge that such modification shall not affect the validity of the remaining provisions or previously performed obligations.