Terms of Service

Introduction

On the website https://nymf.com (“Website”) and the application, which is available for download in the App Store and Google Play (“App”), users have the opportunity to purchase content.

Please carefully review these Terms of Service (“Terms”) before using the NYMF Platform and receiving services.

The Terms contain important information about your rights and obligations. If you do not agree with these Terms, please do not use the NYMF Platform in any way and do not receive services or purchase content.

This Agreement, along with the Privacy Notice, Copyright Notice, Refund & Return Policy, Products, Services & Pricing, Photo Commercial License, Photo Basic Licence and other related documents, constitute the entire legally binding agreement and understanding between you (“User”) on the one side and Dmitry Dubnitskiy or RomanSoft OÜ on the other side (together referred as the “Company”).

From the moment of downloading the NYMF Platform, you declare and warrant that:

• you have read, understand, and have the legal capacity to and with this agree to be legally bound by and to comply with these Terms in full;
• you are 18 years of age or older;
• according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to use the NYMF Platform;
• you comply with these Terms and all applicable laws and regulations.

1. Contact Information

2. Definitions

Author: Dmitry Dubnitskiy, operating as an individual entrepreneur, the sole creator and copyright holder of the NYMF platform’s content.

RomanSoft OÜ: an Estonian company acting as an authorized agent for the NYMF Platform, responsible for marketing, payment processing, and ensuring compliance with EU regulations. RomanSoft OÜ does not own or control the content available on the NYMF Platform.

NYMF platform: The NYMF mobile application for iOS and Android, and related websites including https://nymf.com.

Services: All programs, databases, and content provided through the NYMF platform, including artistic content, subscriptions, and expert services.

Publications: Any artistic content including photographs, videos, stories, posters, and related multimedia, published by the Author or authorized partners.

GDPR: General Data Protection Regulation, applicable to the processing of personal data within the European Union.

Privacy Notice: Document detailing how personal data is collected, processed, and stored by the NYMF platform. See https://nymf.com/info/privacy.

Copyright Notice: Document detailing the Author’s rights to the content provided through the NYMF platform. See https://nymf.com/info/copyright.

Refund & Return Policy: Document detailing the conditions, eligibility, and procedures for requesting refunds or returns for digital content and services provided through the NYMF platform. See https://nymf.com/info/refund-policy.

Products, Services & Pricing: Document outlining the available products, services, pricing structure, and associated terms and conditions provided through the NYMF platform. See https://nymf.com/info/products-and-services.

Acceptable Use Policy: Rules governing acceptable conduct and prohibited activities on the NYMF platform.

3. Ownership and Intellectual Property

All materials in the NYMF Platform, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (“Content”), as well as copyright and other intellectual property rights to such Content created by and belong to the Author or received with the consent of the owner.

All models are confirmed to be of legal age (18+) at the time of production.

The Author retains all rights, title, and interest in and to the content provided through the NYMF platform. Subject to complying with these Terms, Users are granted a personal, non-exclusive, non-transferable license to access the content for personal, non-commercial use only, unless they purchased an extended license. 

Users are strictly prohibited from copying, modifying, distributing, reselling, or using the content for commercial purposes without explicit permission from the Author.

Users must not:

• reproduce, publish, distribute, modify, create, or otherwise use the Content we own for commercial or illegal purposes without our prior written consent;
• sell, lease, rent, license, sublicense or otherwise distribute the Content we own; 
• copy, decompile, disassemble, translate or reverse engineer the Content we own, in whole or in part; 
• write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Content we own, and its updates;
• provide, disclose, divulge or make available to, or permit the use of the Content we own by any third party without our prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure we implement or any of our providers or any other third party (including another user) to protect the Content we own.

4. Content Disclaimer and Age Requirement

The NYMF platform contains artistic content that may include nudity or partially exposed body parts (depictions of simulated or lascivious exhibition content). Users must be at least 18 years old or have reached the age of majority in their jurisdiction to access and use the platform. Users also confirm they are not accessing from a jurisdiction where such content is illegal or restricted.

By accessing the platform, you confirm that you meet these requirements. The Company is not responsible for any legal issues arising from unauthorized access by individuals below the legal age.

5. Payment Processing and Purchases

The NYMF Platform offers subscriptions, in-app purchases, and web-based purchases for additional features and content. Payment processing methods vary depending on whether the purchase is made through the App or through the Website.

Users may purchase subscriptions, images, masterclasses, or other digital content through these platforms. Subscriptions are automatically renewed unless canceled by the User at least 24 hours before the end of the current subscription period. 

Payments are charged to the User’s Apple ID or Google Play account upon purchase confirmation. Users will be billed for renewal within 24 hours prior to the end of the current subscription period. Users can manage or cancel subscriptions through their account settings on the Apple App Store or Google Play Store. For detailed policies on purchases, refunds, and cancellations, please refer to Apple’s official policies at https://support.apple.com/billing and Google’s official policies at https://support.google.com/googleplay/?#topic=3364264.

For purchases made directly through the Website, users can make payments using methods as made available on the Website. Subscriptions, masterclasses, licensed content such as photographs, and other digital products are available for purchase through the Website. All subscription purchases made on the website will automatically renew unless canceled by the User before the next billing cycle. 

Refund requests are subject to the conditions stated in the Refund/Return Policy. All licenses purchased for digital products are considered final and non-refundable unless otherwise stated.

Purchased content is accessible as long as the User’s account is active and in good standing, and as long as the subscription or license is valid. The Company reserves the right to modify pricing for any product or service at any time. Changes to pricing will not affect current subscriptions until the renewal date. Promotional offers may be available for a limited time and are subject to specific terms and conditions provided during the promotional period.

6. Modifications to the Agreement

The Company reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon publication on the NYMF Platform. Users are responsible for reviewing the Agreement periodically. Continued use of the platform following the posting of changes signifies acceptance of those changes.

7. Prohibited Conduct

You are prohibited from using the services we offer to conduct the following prohibited activities and facilitate prohibited purposes which include but are not limited to:

• sharing of one Account with multiple Users;
• using any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” the Content or for any other unauthorized purpose without our prior written consent;
• avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by the Company to protect it;
• using the service for illegal purposes;
• changing or delete any Author’s ownership notices from materials downloaded or printed from the Service;
• using the Content or any of its elements in any way not provided for in these Terms without the prior written permission of the Company or owners of the Content;
• initiation, facilitation, promotion, development, or participation in any other manner in any actions that are offensive by their nature, such as a promotion in any way racial or ethnic offenses, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty; 
• support, promotion, sharing of the information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or physical violence or encourages conduct that would be considered a criminal offense or bring forth civil liability;
• promotion of the violent, repulsive, or hateful content, or content that contain, share, or promote misinformation, aggression, terrorism, spam, or misleading;
• promotion of the content that causes or can cause a destructive social impact, crimes, felonies, or misdemeanors, or interference in the work of any public authorities, commercial, non-profit or any other entities, social, political, or legal processes (including any political manipulations);
• promotion of the content that leads or can lead to the violation of any applicable laws, regulations, or third party’s rights;
• initiation, facilitation, promotion, development, or participation in any other manner in bullying, harassment, or threatening another individual;
• displaying or promotion of the pornographic or sexually explicit material of any kind, including underage; 
• promotion of sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
• promotion of unauthorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes.

8. Registration and Account Deletion

Registration

Registration is the process of creating a NYMF account (“Account”) through supported registration methods, which include:

• Email and Password
• Apple Sign-In
• Google Sign-In

Please provide accurate and complete information during registration and keep your account information up-to-date. The correctness and relevance of your information affect the quality of the services we provide.

Users are solely responsible for:

• maintaining the confidentiality and security of the login credentials;
• all actions taken through their Accounts

Problems with account

You must not transfer or assign your Account to someone else. 

Please immediately contact us if:

• you have lost access to your Account,
• you know or have any reason to suspect that someone has gained access to your Account without your authorization, 
• your credentials have been lost, stolen, misappropriated, or otherwise compromised.

If you have lost a password to your Account, you may reset it with the corresponding functionality of the NYMF Platform.

Account Deletion

NYMF Users have the right to delete their accounts at any time. To initiate account deletion, Users must follow the procedures described on the Account Deletion page: https://nymf.com/info/account-deletion.

Upon deletion, the following conditions apply:

• User Data Removal: All personal data associated with the account will be deleted unless retention is required by law or legitimate business purposes.
• Irreversibility: Account deletion is irreversible. Once completed, the User will lose access to all purchased content, subscriptions, and other benefits associated with their account.
• No Refunds: Refunds are not provided upon account deletion unless explicitly stated otherwise in the Refund/Return Policy.

By proceeding with account deletion, the User acknowledges and accepts these terms.

9. Advertising

The NYMF Platform and related Services may include advertisements, promotions, sponsorships, and other marketing content (collectively, “Advertisements”). These Advertisements may be displayed within the NYMF Platform or Services in various formats, including but not limited to banner ads, interstitial ads, promotional content, sponsored posts, and other marketing materials.

By using the NYMF Platform and Services, the User acknowledges and consents to the presence of Advertisements and promotional content as part of the overall user experience. The Company reserves the right to determine the method, frequency, style, format, and placement of Advertisements displayed within the NYMF Platform and Services. This may include, but is not limited to, contextual advertising, personalized advertisements based on the User’s preferences, and promotional campaigns targeting specific geographic regions or demographics.

The presence of Advertisements does not imply endorsement, sponsorship, or recommendation by the Company unless expressly stated. The User’s interactions with Advertisements, including the purchase of goods or services through advertised content, are solely between the User and the advertiser.

10. Delivery Methods and Timing

The Company provides access to various digital and physical products. The delivery methods and timing for each type of product are described below:

Digital Products:

Upon successful payment, Users receive immediate access to digital content, including subscriptions, masterclasses, and licensed photographs. Access is granted either through automated activation within the NYMF Platform or via email confirmation.

In the rare event of technical issues or payment processing delays, access may be temporarily delayed for up to 24 hours. 

Digital content purchased through the NYMF platform is non-transferable and is accessible exclusively to the User’s registered Account. A registered NYMF Account is required for purchasing subscriptions and licensed products.

Physical Products:

The Company may offer physical products, including but not limited to books, calendars, and posters. Details regarding availability, pricing, shipping options, and estimated delivery times are provided for each item on their respective product pages.

Delivery timelines for physical products may vary depending on the User’s geographic location, shipping method chosen, and other logistical factors. Users will receive tracking information via email once their order has been dispatched.

11. Warranties and Disclaimers

The NYMF Platform is provided to you “as is”. To the fullest extent permitted by law, we disclaim all warranties concerning the NYMF Platform, its functionality, and Content, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the NYMF Platform. We do not warrant that the App's operation will be uninterrupted or secure, that any defects will be corrected, or that the NYMF Platform will be free of viruses or other harmful elements.

We do our best to keep the data safe and secure and maintain the NYMF Platform’s functionality. However, the NYMF Platform may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, or limited, or curtailed.

The Company is not responsible for the use by other users and third parties of any personal data you make publicly available in the NYMF Platform. Please be careful what information you post in the NYMF Platform or transmit to other users.

12. Promo Codes

The Company offers promotional codes (“Promo Codes”) as a means to provide Users with special benefits, access to premium content, or other unique features. Promo Codes may be issued by the Company for various purposes, including but not limited to:

• Gifting and Promotional Campaigns: Promo Codes may be provided as gifts to Users, given during promotional events, or as part of special marketing campaigns.
• Trial Periods: Promo Codes may grant Users limited-time access to premium content, allowing them to experience the full benefits of the NYMF Platform before committing to a subscription.
• Alternative to Subscription: In some cases, Promo Codes may be offered as an alternative to standard subscription plans, depending on the User’s preferences and circumstances.
• Personalized Offers: Promo Codes may be issued on an individual basis by the Company, based on specific agreements or promotional arrangements.

Users may also purchase Promo Codes directly from the NYMF Platform through individualized arrangements made via the customer support. Such purchases are only available upon direct request and negotiation through [email protected].

Activation of Promo Codes

Promo Codes can be redeemed on the NYMF platform through the following methods:

1. Subscription Page Activation:

Users may enter their Promo Code during the subscription process on the official subscription page at https://app.nymf.com/subscription.

After entering the Promo Code, Users must click the “Apply” button to activate the benefits associated with the code.

2. Account Settings:

Promo Codes may also be activated through the User’s account settings by navigating to the “Subscription” or “Promo Code” section and entering the code in the provided field.

Once entered, Users must click the “Apply” button to confirm activation.

Terms of Use for Promo Codes

• Promo Codes are valid only for the specified duration and scope as indicated during issuance.
• Promo Codes are non-transferable, cannot be exchanged for cash, and may not be resold under any circumstances.
• Users may not combine multiple Promo Codes unless explicitly allowed by the NYMF Platform.
• Promo Codes provided by the NYMF Platform are subject to all other terms and conditions outlined in these Terms.
• Unauthorized sharing, selling, or reproduction of Promo Codes may result in the revocation of promotional benefits, termination of User accounts, or other penalties as deemed appropriate by the NYMF Platform.

Promo Codes are valid for a specific period indicated at issuance and are subject to expiration without notice if not used within the validity period. Promo Codes may not be applied retroactively to previously purchased content.

For further assistance regarding Promo Codes or to inquire about obtaining a Promo Code, Users are encouraged to contact the NYMF support team at [email protected].

13. Other Conditions & Access Limitations

The use of anti-detect browsers, VPNs, proxies, TOR networks, or any software designed to conceal a User’s IP address or real location may result in access limitations or termination of the User account. Frequent switching of IP addresses, particularly when appearing to originate from multiple countries, may trigger security protocols aimed at preventing unauthorized access. Users are responsible for ensuring their network configurations do not interfere with normal access to NYMF’s services. Use of VPNs for privacy or security purposes is permitted; however, the use of anti-detect browsers, TOR networks, or other tools designed to mask or alter user identity for purposes of circumventing access restrictions or violating platform policies is strictly prohibited.

Users must not engage in actions that place an unreasonable load on NYMF’s servers, including excessive requests, automated interactions, scraping, or other activities that compromise performance and user experience. Excessive requests originating from a single account or IP address may be flagged as abusive behavior, leading to account suspension or termination.

The Company reserves the right to implement security measures, including, but not limited to, CAPTCHA verification, temporary access restrictions, or requesting additional information to verify account ownership. Users are prohibited from reverse-engineering, tampering with, or otherwise modifying NYMF’s software or platform in ways not authorized by the Company.

Content provided by the Company may be subject to legal restrictions in certain jurisdictions. Users are solely responsible for ensuring that their use of NYMF complies with local laws and regulations. Unauthorized attempts to access restricted content or circumvent geographical restrictions are strictly prohibited.

The Company reserves the right to suspend or permanently terminate access to its services if a User is found to be in violation of any of the conditions outlined in this Agreement. In the event of termination, the User shall forfeit any rights to access paid or unpaid content associated with the terminated account.

The Company maintains the right to update or amend these conditions at its discretion to ensure the ongoing safety, security, and quality of its services. Continued use of NYMF’s services constitutes acceptance of any such changes.

14. Limitation of Liability

We shall not be held responsible if any information, materials, or Content available through the NYMF Platform is inaccurate or incomplete and for typographical errors, omissions in the text, or other materials.

In no event shall we or our contractors, subcontractors, employees, or any other team members, officers, members, affiliates, directors, agents, licensors, subsidiaries, suppliers, or any other party involved in creating, producing, transmitting, or distributing our products (“Key Persons”) and services be liable for:

• any direct, indirect, incidental, special, consequential, exemplary, or incidental damages, including lost profits, loss of data, or damage to property (even if we have been advised of the possibility of such damages), related to:
  • the use or inability to use the NYMF Platform; and
  • unauthorized access to or alteration of your transmissions or data; and
  • statements or conduct of any third party on the NYMF Platform; and
  • any other matter relating to the NYMF Platform.
• any damage caused by the use of information obtained through the NYMF Platform, caused by a defect in the Services provided under these Terms; and
• any damage caused by any errors, defects, and interruptions on the NYMF Platform.

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.

The maximum liability of the Company for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the User for access to the NYMF Platform within the 12 months preceding the claim.

15. Applicable Laws and Dispute Resolution

Disputes arising in connection with the Website, these Terms must be resolved through negotiations, in a pre-trial dispute resolution procedure, by sending the party in violation a reasoned written claim (demand).

For users of the App

If disputes cannot be resolved through negotiations (pre-trial dispute resolution), such disputes shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry following its Rules in accordance with the applicable Ukrainian law.

The governing law for these Terms is the law of Ukraine.

For users of the Website

If disputes cannot be resolved through negotiations (pre-trial dispute resolution), such disputes shall be resolved exclusively in the courts of Estonia in accordance with the applicable Estonian law.

The governing law for these Terms is the law of Estonia.

16. Termination

Termination by Company

We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the NYMF Platform, Content, features, your Account, or offers through the NYMF Platform at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the NYMF Platform.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong. 

We may immediately block your Account without refund for a number of reasons, including where:

• you use the NYMF Platform in a way that these Terms don’t allow;
• you refuse to provide us with the necessary information or the information you’ve provided is false or misleading;
• you’ve violated these Terms seriously or persistently and you haven’t put the matter right within a reasonable time of us asking you to;
• we are required to by law.

Termination by User

You may terminate these Terms by canceling your subscription, deleting your Account through its settings and no longer accessing and using the NYMF Platform or by contacting us.

If you terminate these Terms, all permissions and licenses under these Terms will immediately terminate.

Upon termination, the User shall lose all rights to access the NYMF Platform, including any paid or unpaid content associated with their Account. 

Refunds are not provided for terminated accounts unless explicitly stated otherwise in the Refund & Return Policy.

17. Third-Party Websites and Services

The NYMF Platform contains links to other websites and services governed by third parties.

We do not control the features available or accessed through such websites and services. 

We are not responsible for the content and services offered through them and for any losses, damages, or other liabilities incurred as a result of your use of such websites and services.

You acknowledge that other terms of use and privacy notices apply to your use of third-party websites, services, and content.

18. Indemnification

You agree to defend, indemnify and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms;
• your use/misuse of the NYMF Platform;
• a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense; however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

19. Electronic Notifications

By using the NYMF Platform, you understand and agree that we may send you the push-notifications, emails regarding, without limitation:

• your use of the NYMF Platform;
• updates of the NYMF Platform and these Terms.

You may also receive calls and messages from other users of the NYMF Platform.

Please be aware that the application may request access to enable some functions on the phone (for example, camera, microphone, location, and receiving notifications). Access is necessary for the correct functioning of all features of the application.