Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NEXSPHERE (SMC-PRIVATE) LIMITED, operating under the brand name NexSphere ("Company", "we", "us", or "our"), governing your access to and use of our mobile applications, websites, and related services (collectively, the "Services").

By downloading, installing, accessing, or using our Services, including the mobile applications developed by NexSphere, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 13 years of age (or 16 years in the European Economic Area)
• If you are under 18 (or the age of majority in your jurisdiction), have parental or guardian consent to use the Services
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the application on your personal device
• Access and use the Services for your personal, non-commercial purposes
• Download and use wallpapers provided within the application for personal use on your devices

This license does not include the right to modify, distribute, sell, lease, or create derivative works based on our Services or content without our prior written consent.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Copy, modify, distribute, sell, or lease any part of our Services or content
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the application
• Use automated systems, bots, scrapers, or similar technologies to access or extract content
• Circumvent, disable, or interfere with security features of the Services
• Use the Services for any illegal, harmful, or unauthorized purpose
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Services or servers connected to the Services
• Violate any applicable laws, regulations, or third-party rights
• Use the content for commercial purposes without authorization
• Remove, alter, or obscure any copyright, trademark, or proprietary notices

5. Intellectual Property Rights

5.1 Our Content

The Services and all content, features, and functionality (including but not limited to wallpapers, images, graphics, logos, text, software, and design elements) are owned by NexSphere, our licensors, or content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Wallpaper Content

Wallpapers provided in our applications may include content that is:

• Original content created by or for NexSphere
• Licensed content from third-party artists and creators
• Content sourced from public domain or Creative Commons licenses

Your license to use wallpapers is limited to personal use on your devices. Any commercial use, redistribution, or modification requires explicit written permission.

5.3 Trademarks

"NexSphere" and related logos and names are trademarks of NEXSPHERE (SMC-PRIVATE) LIMITED. You may not use our trademarks without prior written permission.

6. User Content

If our Services allow you to submit, upload, or share content ("User Content"), you:

• Retain ownership of your User Content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your User Content in connection with the Services
• Represent that you have all necessary rights to grant this license
• Agree that your User Content does not violate any third-party rights or applicable laws

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.

7. In-App Purchases and Payments

Our Services may offer in-app purchases, subscriptions, or premium features. By making a purchase:

• You agree to pay all charges at the prices in effect when incurred, including applicable taxes
• Payments are processed through Google Play or Apple App Store payment systems; we do not store your full payment details
• Refunds are subject to the policies of the respective app store
• Subscriptions automatically renew for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period
• You can manage or cancel subscriptions, and view the renewal price and billing interval, in your Google Play or App Store account settings
• Where a free trial is offered, it converts to a paid subscription at the disclosed price unless cancelled before the trial ends
• Prices may change with prior notice, and continued use after a price change constitutes acceptance

EU/UK consumers: You normally have a 14-day right to withdraw from purchases of digital content. By starting a download or accessing digital content immediately, you acknowledge that you lose this right of withdrawal once performance has begun. EU consumers may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

8. Advertisements

Our Services may display third-party advertisements, including through Google AdMob. We are not responsible for the content, accuracy, or opinions expressed in such advertisements. Your interactions with advertisers are solely between you and the advertiser, and we are not liable for any loss or damage resulting from such interactions.

Advertising may be personalized based on your interests. Where required (including in the EEA and UK), we request your consent before serving personalized ads. For details on advertising data and how to manage your consent, see our Privacy Policy.

9. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or content. We do not control and are not responsible for third-party services. Your use of third-party services is at your own risk and subject to their respective terms and privacy policies.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXSPHERE (SMC-PRIVATE) LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless NexSphere and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services, violation of these Terms, or violation of any third-party rights.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your license to use the Services immediately terminates
• You must cease all use of the Services
• You must delete any copies of the application from your devices
• Provisions that by their nature should survive termination shall survive

14. Governing Law and Dispute Resolution

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

Any disputes arising from or relating to these Terms or the Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts in Bhakkar, Pakistan.

For users in the European Union, you may also be entitled to bring claims in your country of residence under applicable consumer protection laws.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will provide notice through the Services or other appropriate means
• Your continued use of the Services after changes constitutes acceptance of the modified Terms

If you do not agree to the modified Terms, you must stop using the Services.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and NexSphere regarding the Services and supersede all prior agreements, communications, and understandings.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of NexSphere.

19. Contact Information

If you have any questions about these Terms, please contact us:

20. Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.