Terms and Conditions

Welcome to Neko!

Neko is owned and operated by Tuxedo Lab LLC.

These are the terms and conditions for: 

• Neko mobile application (Available on Google Play and App Store).
• https://nekomoney.app

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the Neko mobile application and the Neko website together, "we", "us", "our", and "Neko", refers to Neko, and "you", and "user", refers to you, the Neko user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Neko accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM. 

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use Neko after the posting of such modification; therefore, it is important that you review this agreement regularly.

By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS 

By providing your email address to Neko, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to Neko.

3. ACCOUNT

Users will be able to register and open an account on the platform. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Neko of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session.  You may never use another user's account without Neko's prior authorization. Neko will not be liable for any loss or damage arising from your failure to comply with this agreement. 

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Neko. Neko reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if Neko believes that you have violated any of the provisions contained in these terms and conditions.

4. SUBSCRIPTIONS

Neko offers its users two types of service: a free version, which includes basic features and advertising, and a premium version without advertising, which offers additional features and an enhanced user experience. To access the premium version, users must purchase a subscription.

Subscriptions to the premium version of Neko are managed and renewed through the Google Play Store and Apple App Store payment services, as applicable to the user's device. By selecting a subscription and confirming the purchase, the user agrees to the payment terms, auto-renewal and cancellation policies set forth by these platforms.

Automatic renewal means that the subscription will automatically renew and be charged to the user's registered payment method in the respective app store at the end of each billing cycle, unless the user cancels the subscription prior to the renewal date.

Users may cancel their premium subscription at any time by accessing the billing section of their account in the respective app store. Upon cancellation, they will continue to have access to premium features until the end of the current billing cycle. At the end of this cycle, they will lose access to these features and revert to the free version of the service.

Neko reserves the right to modify the rates, features and terms of subscriptions at any time. These changes will be effective immediately upon posting on the platform and will be effective for subsequent billing cycles. Users are encouraged to regularly review the subscription terms and conditions to be aware of any changes.

It is the user's responsibility to ensure that their payment method details are up to date and valid to avoid service interruptions. In the event of payment problems, Neko may temporarily suspend access to the premium version until the situation is resolved.

Continued use of the premium version of Neko following any changes to the terms and conditions implies acceptance of these changes by the user. Neko agrees to keep its users informed of any significant modifications to the terms of service or subscription policies.

5. REFUNDS

Neko's refund policy allows users to request a refund through the applicable app store, either Google Play or App Store. Refunds are only granted for the current subscription period. Users wishing to request a refund must follow the procedures set forth by the app store from which the purchase was made. Once the refund request is processed and the refund is issued by the App Store, the user's premium subscription on the Neko platform will be cancelled immediately. Access to premium features will be revoked at the time the refund is issued. It is important to note that approval of refund requests is subject to the policies and conditions of the respective app stores and Neko has no control over these decisions. Users should note that refund requests will not be accepted for previous subscription periods and that it is the user's responsibility to understand and adhere to the refund policies of the app store through which the purchase was made.

6. LIIMITATION OF LIABILITY

Neko relies on the accuracy and veracity of the financial information provided by users. The user is solely responsible for the accuracy, completeness and timeliness of the information entered on the platform. Neko is not responsible for errors, omissions or inaccuracies in the information provided by users.

Neko provides tools for the organization and management of personal finances, but does not offer professional financial advice. Financial decisions made based on the information provided by the platform are the sole responsibility of the user. Users are advised to seek independent professional financial advice for decisions of significant importance.

Under no circumstances shall Neko, its directors, employees, agents or affiliates be liable to the user or any third party for any indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of revenue, anticipated profits, goodwill, use, data or other intangible losses, resulting from the use or inability to use the functionalities available on the platform.

Neko implements security measures to protect user information. However, no security measures are foolproof. Neko shall not be liable for unauthorized access to user information, loss or damage to data beyond its reasonable control.

Neko reserves the right to modify, suspend or discontinue, temporarily or permanently, the services offered, without liability to users for any interruption, suspension or termination of service.

7. LICENSE TO USE THE PLATFORM

Neko grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the Neko platform and downloadable via Google Play and App Store free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the Platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of Neko or third parties.

Neko reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if Neko considers that the user has violated any of these terms.

8. COPYRIGHT

All material and content on the platform, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Neko or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Neko are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Neko prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Neko or any part of the material for any purpose other than its intended purposes is strictly prohibited.

9. COPYRIGHT INFRINGEMENT 

Neko will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Neko respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Neko can find it on the platform. 
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

10. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the platform for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Neko.
• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

11. DISCLAIMER OF WARRANTIES 

Due to the nature of the Internet, Neko provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Neko for any loss or damage caused as a result.

Neko shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Neko excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Neko and Neko shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Neko.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

12. ELECTRONIC COMMUNICATIONS

Neko will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

14. CHANGES 

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. 

15. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Neko, shall constitute the entire agreement between you and Neko concerning and governs your use of the platform.

16. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

17. FORCE MAJEURE

Neko shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

18. TERMINATION

Both the user and Neko acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Neko reserves the right to unilaterally terminate the user's access to and use of the platform. Neko may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Neko shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Neko: If Neko fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Neko in writing of the breach and allow a reasonable time for Neko to remedy the situation. If Neko does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination. 

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

19. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and Neko. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.

In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings. 

20. GOVERNING LAW AND JURISDICTION

Although the platform and services will be available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Massachusetts. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Massachusetts. This applies unless binding arbitration is agreed to under the applicable section.

21. FINAL PROVISIONS

The use of our platform and the services offered is conditional upon acceptance of and compliance with all terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

22. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

Tuxedo Lab LLC - Neko.

Email: support@tuxedolab.com