End User License Agreement

Nyx Backup Version: 1 Last updated: 2026-07-31 Effective: 2026-07-31 Nyx Software, LLC, 16523 NE 48th St, Redmond, WA 98052, USA https://nyxbackup.com - support@nyxbackup.com - +1 (480) 442-8063 Documentation and support: https://nyxbackup.com/support

By installing, copying, or using Nyx Backup (“the Software”), you agree to this Agreement. If you do not agree, do not install or use it.

If you accept on behalf of an organization, you confirm you can bind it, “you” means that organization, and it is responsible for everyone it lets use the Software. You must be 18 or older, or the age of majority where you live.

Your privacy is covered by our Privacy Statement, refunds by our Refund Policy, security reporting by our Security Policy, and open-source components by our Third-Party Notices. Where those conflict with this Agreement, this Agreement controls, except that the Privacy Statement controls on personal data.

1. License

Subject to payment of any applicable fee, we grant you a non-exclusive, revocable license to install and use the Software on the number of machines your edition permits - currently 1, 3, or 5 machines, as shown at checkout and in your license. The Software is licensed, not sold.

Restore is built into the Software. Restoring your data is a full feature of Nyx Backup and is never blocked, gated, or metered. It is the restore path we support and the one you should use.

Recovery Tool. We also publish a minimal, restore-only reference implementation, the Nyx Backup Recovery Tool, as open source under the Apache License 2.0 (https://github.com/nyxbackup/nyxbackup-recovery). It exists so the archive format and decryption path can be independently inspected and re-implemented. It is not required, it is less capable than the restore built into the Software, and most users will never need it. It is licensed under Apache 2.0, not under this Agreement, so your rights to it do not depend on this Agreement and are unaffected by its termination.

2. Trial, machines, and updates

Edition means the tier of license you purchased. The edition sets the price and the number of machines; every edition has the same features. Your edition is shown at checkout, in your receipt, and in the app.

Trial. The trial is fully featured for 60 days, with no feature or size limits, on one machine. When it ends, new backups stop but restore keeps working permanently and at no cost. The trial is offered once per machine.

Machine. One operating-system installation on one physical or virtual host. A reinstall of the OS, a motherboard or system-drive replacement, each side of a dual boot, and each virtual machine all count as separate machines.

Freeing a machine. Use Settings > License > Release this machine to free a seat immediately. You often do not need to: when you activate a new machine while at your limit, we automatically reclaim the seat of a machine that has not checked in online for 60 days - typically a reinstalled or retired computer. If all of your machines have checked in recently, the new machine is over your limit until you release a seat (or one becomes idle for 60 days); an over-limit machine can still restore, and only new backups on that machine pause. A machine you use offline is never affected on that machine - it keeps backing up and restoring normally; this only affects which machines count toward your limit. You can also email support@nyxbackup.com.

Major version means a release where the first number of the version changes, for example 2.x to 3.x. A renewal is a purchase that extends your update window without changing your edition. An edition upgrade is a purchase that moves you to an edition with more machines. Both are separate, deliberate purchases; nothing renews automatically.

Updates. Feature updates and new major versions are included while your update window is open. When it closes, the Software keeps running perpetually and you may optionally buy a renewal. Security and critical bug fixes are free for the full 24-month support period, whether or not your update window is still open. We publish end-of-life dates at least 12 months ahead.

3. Restrictions

You may not sublicense, sell, rent, or lease the Software; reverse-engineer, decompile, or disassemble it, except where law expressly permits; remove copyright or proprietary notices; circumvent license verification, machine limits, or trial tracking; or use it to break the law or infringe anyone’s rights.

Good-faith security research under our Security Policy is authorized and is not a breach of this section.

You may make backup copies of the installer, and you may freely copy the Recovery Tool.

You may transfer your license permanently to someone else, once, if you tell support@nyxbackup.com, transfer it whole, stop using it and uninstall everywhere, and the recipient accepts this Agreement. We will re-issue the license and reset the machine count.

4. License verification and online checks

Your license is a digitally signed file the Software verifies entirely on your own machine, offline. Verification never contacts us and never needs an Internet connection.

When your machine is online, the Software also performs a limited machine check against our license service, to enforce the machine limit and to honour refunds and fraud revocations. It sends only your license identifier, a one-way hash derived from your machine identifier, and the licensed email address in your license file. Details are in the Privacy Statement.

Going over the machine limit, or having a license refunded or revoked, pauses new backups on connected machines. In every case:

• Restore is never blocked.
• A machine with no Internet connection performs no check and keeps backing up and restoring normally on its signed license file.

Telemetry. The Software sends an anonymous monthly usage-and-error summary, used only to understand how the Software is used and to find defects worth fixing. You can switch it off at any time in Settings. See the Privacy Statement.

Update check. You choose how often the Software checks for a newer version - daily, weekly, monthly, or never - in Settings; the default is daily. That request sends no license key, no machine identifier, and no version number. Installing an update is never automatic unless you separately enable it. Details are in the Privacy Statement.

The complete list. Apart from uploading your encrypted data to the storage provider you choose, the only network connections the Software makes to Nyx Software are: the machine check above, the update check above, and the telemetry summary unless you have switched it off. Nothing else.

5. Your data

You own and control your backup data. We never receive, store, proxy, or have access to your backup contents, file names, or encryption keys. The Software is end-to-end encrypted with keys derived on your machine from a passphrase you choose. If you lose your passphrase, your data is permanently unrecoverable and we cannot help.

Storage providers. You are responsible for opening and maintaining the accounts at every storage provider you use, and for everything they bill you: storage, uploads, downloads and restores, API requests, early-deletion fees, and minimum-duration charges. We do not provision, manage, bill, refund, or reimburse those accounts and are not a party to your agreement with any provider. If a provider account is suspended, closed, or runs out of credit, your backups there may become inaccessible or be deleted, and we cannot prevent or reverse that.

Archive storage classes. Archive and cold tiers do not support immediate read access. Restoring from them can take minutes to hours, and they usually charge a minimum storage duration in full even if you delete early. Check your provider’s current terms and choose a class that matches your recovery-time and cost expectations.

6. Open-source components

The Software includes third-party open-source components, listed with their licenses in THIRD-PARTY-NOTICES.md, installed alongside the Software and published at https://nyxbackup.com/notices. Those components stay governed by their own licenses, and where one conflicts with this Agreement as to that component, that license controls.

7. Warranty and your verification duty

Consumer here means a person who buys or uses the Software mainly for personal use, rather than for a business, trade, or profession. If you are a consumer, you have statutory rights that this Agreement does not affect, and sections 7 and 8 apply only as far as the law where you live allows. If it is unclear which you are, you are treated as a consumer.

EXCEPT AS ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PREVENT DATA LOSS.

You are responsible for verifying that backups complete and that restores work for your data. We recommend periodic restore tests, and the Software includes integrity checks to help.

The Software is not designed or licensed for use where failure could cause death, injury, or severe physical or environmental damage.

8. Liability

Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or willful misconduct, or for anything else the law does not let us limit.

Subject to that, and to the maximum extent the law permits: our total liability for all claims will not exceed the greater of the amount paid for the Software license in the 12 months before the claim, whether paid to us or to our Merchant of Record, or USD 50. We will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or business interruption, even if advised they were possible.

Where a jurisdiction does not allow these limits, our liability is limited as far as that jurisdiction allows.

9. Export control

Your use is subject to US export-control and sanctions law. You may not use or obtain the Software in breach of it, and you confirm you are not in a comprehensively embargoed country and not on a US restricted-party list. The Software contains encryption; some countries restrict importing or using encryption software, and complying where you are is your responsibility.

The Software’s cryptography is implemented exclusively with standard, publicly available cryptographic libraries and published algorithms - for example AES-256-GCM, SHA-256, HMAC-SHA-256, Argon2id, HKDF, and Ed25519. It contains no proprietary or novel encryption, and Nyx Backup is mass-market software distributed to the general public.

10. Termination

You may stop using the Software at any time. If you breach this Agreement we will tell you and give you 30 days to fix it, unless the breach cannot be fixed or involves circumventing license verification or breaking export law, in which case termination can be immediate.

On termination you must uninstall the Software. Your data stays yours and stays reachable: your backups remain readable, and the Apache-2.0 Recovery Tool in section 1 is unaffected by termination.

Sections 3, 5, 6, 7, 8, 9, and 11 to 15 survive termination.

11. Governing law and disputes

Please read this section. It requires most disputes to be arbitrated individually, and it waives class actions and jury trials, unless you opt out.

Governing law and forum. The law of the State of Washington, USA governs, without regard to conflict-of-laws rules. King County, Washington, USA is the exclusive forum for every dispute, for every user, in every country, whether in arbitration or in court. You consent to the jurisdiction of the state and federal courts there and waive any objection to venue, including inconvenient forum.

Talk to us first. Before starting arbitration or a lawsuit, email legal@nyxbackup.com describing the problem and what you want. We will both try in good faith to resolve it within 60 days. This does not pause any legal deadline.

Arbitration. If we cannot resolve it, any dispute arising out of or relating to this Agreement or the Software will be settled by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules (https://www.adr.org), before one arbitrator, seated in King County, Washington. Hearings may be held by phone or video. Any court with jurisdiction may enter judgment on the award.

Class action and jury waiver. We each give up the right to a jury trial and the right to take part in a class action, collective action, private attorney-general action, or any other representative proceeding. The arbitrator may award relief only to you individually. If a court finds this waiver unenforceable for a particular claim, arbitration does not apply to that claim and it goes to the courts in King County instead; everything else here still stands.

What is not arbitrated. Either of us may bring an individual claim in small-claims court, or go to court for an injunction to stop unauthorized use or infringement of intellectual property.

Costs. For any claim of USD 25,000 or less, we will pay the AAA filing, administrative, and arbitrator fees, unless the arbitrator finds the claim frivolous. We each pay our own legal fees unless a statute or the award says otherwise.

Opting out. You may opt out of arbitration and the class waiver by emailing arbitrationoptout@nyxbackup.com within 30 days of your first license activation, giving your full name, the email on your license, and a clear statement that you decline arbitration. Opting out changes nothing else, and disputes then go to the courts in King County. This is the only opt-out deadline.

Where this does not apply. This section applies as far as the law allows. If the law where you live makes arbitration, the class waiver, or the choice of forum or governing law unenforceable against you, that part does not apply to you, the rest of this section still stands, and any dispute proceeds in the courts named above so far as the law permits.

12. Changes

We may update this Agreement. Each version has a version number, an effective date, and a published SHA-256 hash. A change is material if it reduces your rights or increases your obligations - for example changing the machine count, the refund window, the support period, the liability limits, or what data we collect. Material changes take effect at least 30 days after we publish them, are announced on https://nyxbackup.com and in the in-app About screen, and need your acceptance in the app before new backups continue. Restore is never gated behind acceptance. Minor corrections take effect on publication.

The Software records which version and hash you accepted, and when. If you decline a material change, you may keep using the version you have under the terms you accepted, and you may ask for a refund if you are still inside the refund window.

13. Assignment

You may not assign this Agreement except as section 3 allows. We may assign it to a successor in a merger, acquisition, or sale of substantially all our assets, on notice to you. Because we hold no backup data, no such transfer can transfer your data or your keys.

14. General

Business day means Monday to Friday, excluding US federal holidays.

If any provision is unenforceable, it is narrowed to the minimum extent needed, or removed if it cannot be, and the rest stands. Not enforcing a provision does not waive it. Neither of us is liable for delay caused by events beyond our reasonable control, other than payment obligations. You agree to receive notices from us by email at the address on your license record, and that these count as written notice; keep it current. Notices to us go to legal@nyxbackup.com or the address above.

This Agreement is written in English; translations are for convenience and the English version prevails except where local law requires otherwise. It creates no rights for third parties.

15. Entire agreement

This Agreement, with the documents named at the top, is the whole agreement between us about the Software and replaces anything earlier on the same subject.