Terms of Service

1. Introduction and acceptance

1.1. These Terms of Service ("Terms") govern access to and use of Nexus, a team and group messaging service consisting of a web application at nexus.dozy.site, an iOS application, and an Android application (together, the "Service" or "Nexus").

1.2. The Service is operated by David Kelen, an individual established in France, trading under the name "Dozy" ("Operator", "we", "us" or "our").

1.3. By creating a Space, joining a Space, sending a message, or otherwise accessing or using the Service, you ("you", the "User") accept these Terms and agree to be bound by them. If you do not accept these Terms, you must not access or use the Service.

1.4. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to that organisation.

2. Definitions

In these Terms:

• "Acceptable Use Policy" means the Nexus Acceptable Use Policy, as amended from time to time, which is incorporated into these Terms by reference.

• "Channel" means a messaging area within a Space, including text channels and announcement channels.

• "Content" means any message, text, file, image, reaction, custom emoji, link, channel name, topic, role name, nickname, report, or other material that a User submits, transmits, or displays through the Service.

• "Direct Message" means a private conversation between two Users, and "Group Direct Message" means a private conversation between three or more Users, in each case outside any Channel.

• "Dozy Account" means the Dozy account that a User authenticates with in order to use the Service.

• "Dozy Terms" means the Dozy Terms of Service and the Dozy Privacy Policy that govern the Dozy Account, available at dozy.site.

• "Plan" means the Dozy plan tier associated with a Dozy Account.

• "Privacy Policy" means the Nexus Privacy Policy, as amended from time to time.

• "Space" means a top level workspace within the Service that contains Channels, members, roles, and settings.

• "Space Owner" means the User who owns a Space, being by default the User who created it or a User to whom ownership has been transferred.

3. Scope and relationship to other terms

3.1. These Terms, the Acceptable Use Policy, and the Privacy Policy together form the agreement between you and the Operator in relation to the Service.

3.2. These Terms do not govern the creation, security, authentication, management, billing, or closure of your Dozy Account, which are governed by the Dozy Terms. In the event of a conflict between these Terms and the Dozy Terms in relation to the Service specifically, these Terms prevail.

3.3. Use of the iOS application and the Android application is also subject to the terms described in clause 12.

4. Eligibility

4.1. You must be at least 13 years old to use the Service. By using the Service you represent that you are at least 13 years old.

4.2. The Service is not directed to children under 13, and we do not knowingly permit them to use it. If we become aware that a User is under 13, we may remove that User's access to the Service.

4.3. You must not use the Service if you are barred from doing so under the law of any jurisdiction that applies to you, or if your access has previously been terminated by us.

5. The Service

5.1. The Service allows Users to create and join Spaces, communicate in Channels, Direct Messages, and Group Direct Messages, share files, react to messages, use threads, mentions, pins, saved items, and search, and receive notifications.

5.2. We may add, change, suspend, or remove features of the Service, impose or vary limits, or discontinue the Service in whole or in part, at any time and at our sole discretion.

5.3. We do not guarantee that the Service, or any feature of it, will be available at any given time, will be uninterrupted or error free, or will preserve or transmit any Content without loss.

5.4. The Service has no public application programming interface and does not support bots, webhooks, or third-party integrations. Automated access is prohibited under clause 8 and the Acceptable Use Policy.

6. Plans and feature limits

6.1. Certain features and capacity limits of the Service, including the number of Spaces you may own, the number of members a Space may have, the number of Channels a Space may contain, and the maximum message retention period a Space Owner may configure, depend on the Plan associated with the relevant Dozy Account.

6.2. All matters relating to Plan pricing, payment, renewal, downgrade, cancellation, and refunds are governed by the Dozy Terms and not by these Terms. You should consult the Dozy Terms before purchasing or changing a Plan.

7. Your Content

7.1. As between you and the Operator, you retain all ownership rights you hold in Content you submit through the Service. We do not claim ownership of your Content.

7.2. You grant the Operator a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, cache, reproduce, transmit, display, and distribute your Content, and to perform technical operations on it such as reformatting and generating previews and thumbnails, in each case solely for the purpose of operating, providing, securing, and supporting the Service.

7.3. This licence ends when your Content is deleted from the Service, except that (a) the licence continues for copies retained in routine backups until those backups are overwritten or expire in the ordinary course, and (b) the licence does not extend to Content that other Users or recipients have already received, stored, forwarded, or copied.

7.4. You are solely responsible for your Content and for ensuring that it, and its submission through the Service, does not violate these Terms, the Acceptable Use Policy, or any applicable law, and does not infringe the rights of any third party. You represent that you have all rights necessary to grant the licence in clause 7.2.

7.5. We are not obliged to monitor Content, but we may review, screen, restrict access to, remove, or delete any Content at any time, with or without notice, if we consider that it violates these Terms or the Acceptable Use Policy, exposes us or any person to liability or harm, or should be removed to comply with law or a request from a competent authority.

8. Acceptable use

8.1. You must comply with the Acceptable Use Policy at all times when using the Service.

8.2. Without limiting the Acceptable Use Policy, you must not:

(a) use the Service in violation of any applicable law or regulation, or to facilitate any unlawful activity;

(b) upload or transmit any material that is unlawful, infringing, defamatory, harassing, hateful, threatening, or that constitutes sexual content, or that contains malware or other harmful code;

(c) access or attempt to access the Service by any automated means, including scraping, crawling, spidering, or bulk data extraction, or through any client other than the applications we provide;

(d) probe, scan, or test the vulnerability of the Service or any related system, breach or circumvent any security, authentication, rate limiting, or access control measure, or interfere with or disrupt the Service or the servers or networks that support it;

(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law;

(f) circumvent, or attempt to circumvent, any capacity limit, seat limit, retention limit, suspension, or ban; or

(g) resell, sublicense, or commercially exploit the Service or access to it except as expressly permitted by us in writing.

8.3. A violation of this clause 8 or of the Acceptable Use Policy may result in immediate action under clause 14.

8.4. There is zero tolerance for objectionable content and for abusive users. You agree not to submit content that is objectionable (including sexual content, content that sexually exploits or endangers a minor, harassment, bullying, threats, and hateful content) and not to engage in abusive behaviour towards other users. You can report objectionable content from within the Service, and you can block an abusive user, which immediately removes that user's content from your view. We act on reports within 24 hours by removing objectionable content and ejecting the user who provided it.

9. Spaces and Space Owners

9.1. A Space Owner controls their Space, including its Channels, roles, permissions, membership, invitations, moderation settings, and message retention settings.

9.2. As between the Users of a Space, the Space Owner determines the purposes and means of the processing of personal data within that Space and acts as the controller of that data. The Operator provides the technical infrastructure and acts as a processor on the Space Owner's behalf in respect of that data, and as an independent controller only for the limited operational purposes described in the Privacy Policy.

9.3. Each Space Owner is responsible for:

(a) ensuring that they have a valid legal basis for the collection and processing of personal data of the members of their Space, and for providing those members with any notice or obtaining any consent required by applicable law;

(b) the conduct of the members of their Space and the Content posted in it, including reviewing and acting on reports, configuring appropriate permissions and retention, and enforcing these Terms and the Acceptable Use Policy within the Space;

(c) responding to requests from members of their Space to exercise data protection rights in respect of Content and data within that Space; and

(d) their use of invitations, join codes, and approval settings, and the consequences of admitting any person to the Space.

9.4. You agree to indemnify and hold the Operator harmless from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with a Space you own or administer, your Content, your use of the Service, or your violation of these Terms, the Acceptable Use Policy, or any applicable law or third-party right.

10. Messages, retention, and deletion

10.1. Messages and files sent through the Service are stored on infrastructure operated on our behalf so that they can be delivered to and displayed for the intended recipients. Section 4 of the Privacy Policy describes how this data is protected and the current status of end-to-end encryption.

10.2. A Space Owner or an authorised administrator of a Space may configure automatic deletion of messages in a Channel after a set period. The maximum period that may be configured depends on the Plan of the Space Owner and is currently 15 days for the Free and Silver tiers, 30 days for the Gold tier, and 90 days for the Diamond and Enterprise tiers. Announcement channels are not subject to automatic deletion.

10.3. When a message is deleted, whether by a User, by a moderator, by automatic retention, or on closure of a Space, it is removed for all members and any files attached to it are deleted from storage. Residual copies may persist for a limited time in routine backups and in the local caches of devices that had already received the message, and will age out in the ordinary course.

10.4. If you leave a Space, or are removed from it, your membership ends and your profile is no longer listed as a member, but messages and files you posted in that Space remain in the Space unless you delete them before leaving or they are removed by retention settings or by a moderator.

10.5. You may export the messages you have posted in a Space as a data file from within the Service at any time.

11. Intellectual property of the Operator

11.1. The Service, including its software, design, text, graphics, logos, and the "Nexus" and "Dozy" names, and all intellectual property rights in them, are owned by the Operator or its licensors and are protected by law.

11.2. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for its intended purpose. No other rights are granted, whether by implication, estoppel, or otherwise.

11.3. You must not use the "Nexus" or "Dozy" names or logos without our prior written consent, except to refer factually to the Service.

12. Third-party services and application stores

12.1. Notifications are delivered through third-party services, namely the Apple Push Notification service on iOS, Firebase Cloud Messaging operated by Google on Android, and web push services operated by browser vendors on the web. Your use of those services is subject to the terms of the relevant provider.

12.2. The following applies to the iOS application:

(a) these Terms are between you and the Operator only, and not with Apple Inc. ("Apple");

(b) the licence granted in clause 11.2 for the iOS application is limited to use on an Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;

(c) Apple has no obligation to provide any maintenance or support for the iOS application, and no warranty obligation of any kind in respect of it;

(d) Apple is not responsible for addressing any claim by you or a third party relating to the iOS application, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation;

(e) in the event of any third-party claim that the iOS application or your possession and use of it infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defence, settlement, or discharge of that claim;

(f) you represent that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties; and

(g) Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the iOS application, and Apple has the right to enforce these Terms against you as such a third-party beneficiary.

12.3. Your use of the Android application is also subject to the Google Play Terms of Service.

13. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free right to use and exploit that feedback for any purpose without any obligation or compensation to you.

14. Suspension and termination

14.1. We may suspend or terminate your access to the Service, to any Space, or to any feature, and we may remove any Content or any Space, at any time, with or without cause and with or without notice, at our sole discretion, including where we consider that you have violated these Terms or the Acceptable Use Policy, where required to comply with law or a request from a competent authority, or where necessary to protect the Service, the Operator, or any person.

14.2. Where applicable consumer protection law requires us to provide notice, reasons, or a cure period before suspension or termination, we will do so to the extent required by that law.

14.3. You may stop using the Service at any time. To stop using a Space, you may leave it or, if you are the Space Owner, transfer ownership or delete the Space.

14.4. On termination of your access, the licence in clause 11.2 ends and you must stop using the Service. Clauses 2, 7.2 to 7.5, 9.4, 11, 13, 15, 16, 17, 19, and 20, and any other provision that by its nature should survive, survive termination.

14.5. Termination of access to the Service does not close your Dozy Account, which is governed by the Dozy Terms.

15. Disclaimers

15.1. The Service is provided "as is" and "as available", with all faults, and without any representation, warranty, condition, or term of any kind, whether express, implied, or statutory.

15.2. To the fullest extent permitted by applicable law, we disclaim all implied warranties and conditions, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty arising from course of dealing or usage of trade.

15.3. We do not warrant that the Service will meet your requirements, that it will be available, uninterrupted, timely, secure, or error free, that defects will be corrected, that Content will be accurate, preserved, or delivered, or that the Service or its infrastructure is free of harmful components.

15.4. Any Content you access through the Service is accessed at your own discretion and risk, and you are solely responsible for any loss or damage arising from it.

16. Limitation of liability

16.1. To the fullest extent permitted by applicable law, in no event will the Operator be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, opportunity, data, or Content, or for any cost of substitute services, arising out of or in connection with these Terms or the Service, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not the Operator has been advised of the possibility of such damages.

16.2. To the fullest extent permitted by applicable law, the Operator's total aggregate liability arising out of or in connection with these Terms and the Service is excluded. Where such total exclusion is not permitted, the Operator's total aggregate liability is limited to fifty euros (EUR 50).

16.3. Nothing in these Terms excludes or limits the Operator's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

16.4. If you use the Service as a consumer, you retain all mandatory rights granted to you by the law of your country of residence that cannot be excluded or limited by agreement, and nothing in these Terms affects those rights. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the provisions of this clause 16 may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Operator from and against any claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your Content, any Space you own or administer, your violation of these Terms or the Acceptable Use Policy, or your violation of any applicable law or any right of a third party.

18. Changes to these Terms

18.1. We may amend these Terms from time to time. The current version is always identified by the effective date at the top.

18.2. If we make a material change, we will provide notice through the Service or by email before the change takes effect, except where an immediate change is required to comply with law or to address a security or safety risk.

18.3. Changes take effect on the stated effective date of the amended Terms. Your continued use of the Service after that date constitutes acceptance of the amended Terms. If you do not accept the amended Terms, you must stop using the Service.

19. Governing law and jurisdiction

19.1. These Terms, and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with them, their subject matter, or their formation, are governed by the laws of France, without regard to conflict of law rules.

19.2. The courts of France have exclusive jurisdiction to settle any such dispute or claim, subject to clause 19.3.

19.3. If you use the Service as a consumer, you benefit from the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. Nothing in this clause 19 deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of residence.

19.4. The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not obliged to and do not commit to use an alternative dispute resolution body to resolve disputes with consumers.

20. Miscellaneous

20.1. Entire agreement. These Terms, the Acceptable Use Policy, and the Privacy Policy constitute the entire agreement between you and the Operator in relation to the Service and supersede any prior agreement or understanding on the subject.

20.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force and effect.

20.3. No waiver. A failure or delay by the Operator to exercise any right under these Terms is not a waiver of that right.

20.4. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, or by operation of law.

20.5. Force majeure. The Operator is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control.

20.6. Notices. We may give you notice through the Service or by email to the address associated with your Dozy Account. You may give us notice by email to support@dozy.site.

20.7. Language. These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails to the extent permitted by applicable law.

20.8. Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Operator.

21 Contact

For questions about this policy, to exercise your rights, or to report a privacy concern, please contact us.

Name: David Kelen
Email: privacy@dozy.site
Response time: Within 30 days