NyxBackup

Terms of Service

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

These Terms cover the nyxbackup.com website, checkout, and any related online services (the “Site”). The desktop Software is covered by our End User License Agreement (EULA), personal data by our Privacy Statement, and refunds by our Refund Policy. Where these Terms conflict with the EULA about the Software, the EULA controls.

By using the Site, you agree to these Terms. If you do not agree, do not use it.

1. Eligibility

You must be 18 or older, or the age of majority where you live, and able to enter a binding contract. If you accept for an organization, you confirm you can bind it.

2. Accounts

You do not need an account. Your license key and download link are emailed to the address you give at checkout and are also available through the customer portal our payment processor hosts, where you can re-view your license and download invoices.

If we later offer accounts, you agree to give accurate information, keep your password private, and tell us at support@nyxbackup.com about any unauthorized use. You are responsible for activity under your account.

3. Purchases

Pricing. Prices, taxes, and currency are shown at checkout. We may change prices for new purchases and renewals, but not retroactively for a term you have already paid for.

Payment. Payments are processed by Paddle (paddle.com) as Merchant of Record. Paddle, not Nyx Software, is the seller of record: it handles the transaction, collects and remits sales tax and VAT, and issues your invoice. Paddle’s own terms (https://www.paddle.com/legal/checkout-buyer-terms) and privacy policy (https://www.paddle.com/legal/privacy) also apply to your purchase. We never receive or store your full card details.

One-time purchases. Licenses are one-time purchases, not subscriptions. Nothing recurs automatically and no stored payment method is charged without a new purchase you start. A license is perpetual. Each purchase includes a 12-month update window; when it closes the Software keeps running and a renewal is optional. Security and critical bug fixes stay free for the full 24-month support period regardless.

Refunds. See our Refund Policy. Refunds are processed by Paddle.

4. Delivery

On a successful purchase your license key and download link go to the email address you gave at checkout. Keep that address current and keep your license key. If you lose it, email support@nyxbackup.com and we will re-send it.

5. Acceptable use

Please do not: scrape or crawl beyond what robots.txt allows; probe, scan, or attack the Site’s security, except as our Security Policy authorizes; interfere with the Site’s operation; use it to send malware or phishing; resell or redistribute access without our consent, except as the EULA allows; or circumvent license validation, machine limits, or trial tracking.

Security researchers: our Security Policy authorizes good-faith research and gives you a safe harbor.

We may suspend access for violations, with 30 days to fix it where the problem can be fixed and is not a security threat.

6. Intellectual property

The Site and its content, other than open-source components governed by their own licenses, belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Site as intended. “Nyx Backup”, the Nyx Backup logo, and “Nyx Software” are our trademarks.

7. Feedback

If you send feedback, bug reports, or feature requests, you grant us a perpetual, worldwide, royalty-free license to use and incorporate it into our products and documentation, without owing you payment or credit. Please do not send confidential information or personal data about other people. Security reports are handled under our Security Policy, which does offer credit.

The Site links to third-party services including Paddle and storage providers. We do not control them and are not responsible for them; their own terms apply.

9. Disclaimers and liability

Consumer here means a person using the Site mainly for personal rather than business purposes; if it is unclear, you are treated as a consumer. If you are a consumer, you have statutory rights these Terms do not affect, and this section applies only as far as the law where you live allows.

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

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, our total liability for all claims about the Site will not exceed the greater of the amount paid for Nyx Backup licenses in the 12 months before the claim, whether paid to us or to our Merchant of Record, or USD 50, and we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or business interruption.

10. Indemnity

This section does not apply to consumers. If you use the Site for business purposes, you agree to cover our losses and reasonable legal costs arising from your breach of these Terms, your misuse of the Site, or your breach of any law or third-party right. We will tell you promptly about any such claim, and you may not settle it in a way that binds us without our written consent.

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.

Disputes about the Site are governed by EULA section 11, which applies here in full: Washington law, King County as the exclusive forum, a 60-day talk-to-us-first step, binding individual arbitration before the AAA, a class action and jury waiver, small-claims and intellectual-property carve-outs, our payment of AAA fees on claims of USD 25,000 or less, and the savings clause for places where any of it is unenforceable.

One opt-out covers both documents. Email arbitrationoptout@nyxbackup.com within 30 days of your first license activation, as described in EULA section 11. There is no separate deadline for these Terms.

12. Export control

EULA section 9 applies to your use of the Site and to anything you download from it.

13. Changes

We may update these Terms. 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. Material changes are announced on the Site and take effect at least 30 days later. Continued use after that counts as acceptance. Changes to the EULA work differently, through in-app acceptance.

14. General

We may terminate or suspend Site access for breach of these Terms; doing so does not affect your Software license, your backups, or your ability to restore. Sections 6, 7, 9, 10, 11, and 14 survive.

You may not assign these Terms; we may assign them to a successor in a merger or sale of substantially all our assets. If a provision is unenforceable it is narrowed or removed and the rest stands; not enforcing a provision does not waive it. Neither of us is liable for delays beyond our reasonable control. Notices to you go to the email you provide and count as written notice; notices to us go to legal@nyxbackup.com. These Terms are in English and the English version prevails except where local law requires otherwise. They create no third-party rights.

These Terms and the documents named at the top are the whole agreement about the Site.

Comprehensive product documentation, setup guides, and troubleshooting are at https://nyxbackup.com/support. Please check there first - most questions are answered faster than we can reply.

Questions: support@nyxbackup.com or +1 (480) 442-8063

Support is by email. The telephone line is monitored and reaches voicemail outside business hours; we return messages within 2 business days. Email is faster.