NEXA13 ScamGuard End User License Agreement

1. Parties and acceptance

This End User License Agreement (the "EULA") is a legal agreement between the individual or entity installing or using NEXA13 ScamGuard ("User" or "you") and Nexa13 LLC ("NEXA13", "we", "us" or "our"). NEXA13 offers the branded Product to end users under its commercial arrangement with Anteco Systems S.L., trading as AnyTech365 ("AnyTech365"), which provides the underlying software, build and backend services.

By downloading, installing, activating, accessing or using NEXA13 ScamGuard, you confirm that you have read and accepted this EULA. If you do not agree, do not install, activate or use the Product.

2. Definitions

"Product" means the NEXA13 ScamGuard desktop application, its components, updates, upgrades, documentation, account and activation services, and related functionality.

"Device" means a supported computer or other electronic device on which the Product is installed or accessed. "License" means the limited right to use the Product under this EULA. "Plan" means the FREE, trial, PRO, ULTIMATE or other entitlement made available for the Product.

"Consumer" means a natural person acting for purposes outside that person's trade, business, craft or profession, to the extent defined as a consumer under applicable law.

"Order Confirmation" means the confirmation of purchase or activation issued to the User for the applicable Plan, whether provided by email, within the Product or through the User's account.

3. Ownership and intellectual property

The Product is licensed, not sold. The NEXA13 name, logos and branded materials remain the property of NEXA13 or its licensors. The underlying ScamGuard technology, software components, object code, backend systems, updates and related intellectual property remain the property of AnyTech365 or its licensors. No ownership rights are transferred to you.

NEXA13 and AnyTech365 reserve all rights not expressly granted under this EULA.

4. License grant and device limits

Subject to compliance with this EULA and any applicable payment or activation requirements, NEXA13 grants you, to the extent of the rights granted to NEXA13 under its applicable commercial arrangement with AnyTech365, a limited, personal, non-exclusive, non-transferable and revocable license to install and use the Product on the number of Devices stated in the applicable Plan, activation record or order confirmation.

The License is for lawful personal or internal business use only. It may not be shared, transferred or used concurrently on more Devices than permitted. Any transfer or reactivation rules will be those presented in the Product or confirmed by customer support.

5. Registration activation and security

Use of the Product may require account registration, email verification, an activation code and an internet connection. You must provide accurate information, protect your credentials and promptly notify the applicable support provider of suspected unauthorized access.

Activation codes may be used only for the Plan, duration and Device allowance for which they were issued. NEXA13 may reject or suspend a code that is invalid, expired, already used, obtained unlawfully or used outside its authorized scope.

6. Permissions and elevated access

Certain protection, monitoring, browser, network, system or remote-access-control functions may require administrative privileges, browser permissions, network access or background operation. The Product may not operate fully if required permissions are withheld or later removed.

You are responsible for reviewing permission requests and maintaining a compatible Device, supported operating system and internet connection.

7. Restrictions

You must not copy, modify, adapt, translate, sell, sublicense, rent, lease, distribute or make the Product available to third parties, except where expressly permitted by this EULA or mandatory law. You must not reverse engineer, decompile, disassemble, circumvent security or activation controls, derive source code, remove proprietary notices, use the Product unlawfully, interfere with its operation, gain unauthorized access, distribute malicious code or use the Product to create a competing service.

8. Updates and changes

The Product may download or require updates to maintain security, compatibility, functionality or performance. Minor updates and bug fixes may be provided during the applicable License period. Material upgrades or new features may be subject to a different Plan or additional charge.

Features may be modified, substituted or withdrawn where reasonably necessary for technical, security, legal or regulatory reasons or to improve the Product, subject to applicable law and any required notice or termination rights for paid subscriptions.

9. Third party components and services

The Product may include or rely on third-party software, infrastructure, authentication, hosting, payment, support or security services. Those components may be subject to separate terms. You agree to comply with any third-party license terms made available with the Product. Ownership of third-party technology remains with the applicable third-party licensor. The allocation of responsibility between NEXA13, AnyTech365 and relevant third-party providers is governed by their applicable arrangements and does not limit any mandatory rights of the User.

10. Security service limitations

NEXA13 ScamGuard is designed to assist users in identifying and responding to scam-related risks. No security product can detect, block or prevent every scam, threat, malicious communication, loss or unauthorized activity. Alerts, recommendations and threat information are provided as assistance and do not constitute financial, legal or law-enforcement advice.

You remain responsible for reasonable security practices, independently verifying suspicious requests and contacting the relevant bank, platform, authority or emergency service where appropriate.

11. Subscription and payment terms

Certain paid Plans may require payment of subscription fees for continued access. Nexa13 LLC is the contracting party with the User and is responsible for the applicable customer purchase. The applicable fees, currency, taxes, billing period and payment terms will be disclosed to the User at checkout and confirmed in the applicable Order Confirmation. Where applicable, the Order Confirmation will clearly identify the Product, applicable fee, currency, subscription period, renewal date and renewal amount, cancellation method, applicable taxes and payment method. Where a subscription is offered on an automatically renewing basis, the renewal frequency, applicable charges and cancellation method will be clearly disclosed to and accepted by the User before purchase. Payment will be processed by NEXA13 or its authorised payment provider.

Any applicable cancellation rights, refund conditions, money-back guarantee, price changes and discounts will be governed by the terms presented at checkout and the applicable Terms of Use.

12. Support

Support may be provided by NEXA13, AnyTech365 or an authorized provider acting on NEXA13's behalf. Available channels, hours, language coverage, remote-support conditions and Plan entitlements will be described in the Product or on the applicable support page.

13. Termination

You may terminate this EULA by discontinuing use and uninstalling the Product. Uninstallation does not automatically cancel a paid subscription; the applicable cancellation process must also be completed.

NEXA13 may suspend or terminate access where you materially breach this EULA, use the Product unlawfully, create a security risk, misuse an activation code or fail to pay an amount due. Where legally required, you will receive notice and a reasonable opportunity to remedy the issue. Any suspension or termination will be proportionate to the circumstances; shorter notice or immediate action will be used only where reasonably necessary to address fraud, unlawful use, a material security risk or third-party rights infringement.

On termination, you must stop using and delete the Product. Clauses concerning intellectual property, restrictions, disclaimers, liability, disputes and other provisions intended by their nature to survive will continue to apply.

14. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Product is provided on an "as is" and "as available" basis. NEXA13, AnyTech365 and their licensors do not warrant that the Product will be uninterrupted, error-free, fully secure, compatible with every Device or capable of identifying or preventing every scam or threat.

Nothing in this EULA excludes warranties or consumer rights that cannot lawfully be excluded.

15. Limitation of liability

To the maximum extent permitted by applicable law, NEXA13, AnyTech365 and their licensors will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or loss of profits, revenue, data, use, business opportunity or goodwill arising from or relating to the Product.

The limitations in this section do not apply to liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct or gross negligence, or mandatory liability arising under applicable consumer protection or digital content and digital services laws.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless NEXA13, AnyTech365, their affiliates, licensors, officers, employees and agents from third-party claims arising from your unlawful or unauthorized use of the Product, infringement of third-party rights or material breach of this EULA. This indemnification obligation does not apply to the extent prohibited or restricted by mandatory consumer law.

17. Privacy and data protection

Personal data processed in connection with NEXA13 ScamGuard will be handled in accordance with the Privacy Policy applicable to the Product, available at https://www.mysoftware13.com/group/legal/Privacy_Policy.html.

The Privacy Policy identifies the relevant controller or controllers, the categories of personal data processed, the purposes and legal bases for processing, recipients, retention periods, international transfers, security measures, applicable user rights and the relevant privacy contact.

The Product may involve processing of account, activation, device, technical, usage, security, telemetry and support data as described in the applicable Privacy Policy. The roles of NEXA13, AnyTech365 and other authorised service providers will be determined by the applicable arrangements and accurately reflected in the Privacy Policy and any required data-processing terms. Where NEXA13 determines the purposes and means of the relevant processing, NEXA13 acts as controller; where AnyTech365 processes personal data solely on NEXA13's documented instructions, AnyTech365 acts as processor. Where AnyTech365 or another provider independently determines the purposes and means of any processing, the Privacy Policy identifies the applicable role for that processing.

18. Export compliance

You must comply with applicable export-control, sanctions and trade laws and must not export, re-export, access or use the Product in a prohibited jurisdiction, for a prohibited end use or on behalf of a restricted person or entity.

19. Governing law and disputes

This EULA and any disputes or claims arising from or related to the Product shall be governed by the laws of Spain, without regard to its conflict of law provisions. Any legal proceedings against a User who is not a Consumer shall be brought before the competent courts of Málaga, Spain, and such User submits to their jurisdiction. Where the User is a Consumer, this provision shall not deprive the User of any protection afforded by mandatory provisions of the law of the User's country of habitual residence. A Consumer may bring proceedings in accordance with the applicable mandatory jurisdiction rules, including before the courts of the place where the Consumer is domiciled.

20. General provisions

This EULA, together with the applicable Terms of Use, Privacy Policy, checkout terms, Order Confirmation and product-specific notices, constitutes the agreement governing your use of the Product. Mandatory law prevails. This EULA governs software licensing and permitted use; the Terms of Use govern other Service matters; and checkout terms and the Order Confirmation govern transaction-specific commercial terms, unless expressly stated otherwise in those documents. Product-specific terms prevail only to the extent expressly stated.

If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign this EULA without prior written consent. NEXA13 may assign it in connection with a corporate transaction or transfer of the relevant business, subject to applicable law.

The English version controls in the event of inconsistency with a translation, except where applicable law requires otherwise. Electronic acceptance and communications are permitted to the extent allowed by law. Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control, to the extent permitted by applicable law.

21. Contact and linked documents

Questions, support requests and legal notices may be directed to:

22. Acceptance

By selecting "I Accept", installing, activating or using the Product, you acknowledge that you have read and understood this EULA and agree to be bound by it. If you do not agree, you must not install, activate or use the Product and must delete any copies in your possession.