1. Introduction
This User Agreement (“Agreement”), which also serves as the End User License Agreement (“EULA”) and Terms of Use, is a legally binding contract between you (“User”) and Dmitry Dubnitskiy (“Author”), operating as an individual entrepreneur and the sole owner of all content available on the NYMF platform. The platform is represented in the European Union by 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.
This Agreement, along with the Privacy Policy, Copyright Notice, and other related documents, governs the use of the NYMF platform, including all related websites, mobile applications, and services (“Software Product”). By using the Software Product, you acknowledge that you are at least 18 years of age or have reached the age of majority in your jurisdiction, and you agree to be bound by this Agreement.
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 representing the NYMF platform in the European Union, responsible for marketing, payment processing, and compliance with EU regulations. RomanSoft OÜ acts as an authorized agent and is not responsible for content ownership or its legal implications.
Software Product: 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.
User: Any individual who has completed the registration process and uses the NYMF platform.
Publications: Any artistic content including photographs, videos, stories, posters, and related multimedia, published by the Author or authorized partners.
Administrator: The person or entity responsible for managing the service on behalf of the Author, processing user inquiries, and overseeing the publication of content.
GDPR: General Data Protection Regulation, applicable to the processing of personal data within the European Union.
Privacy Policy: 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 content available on the NYMF platform is created by Dmitry Dubnitskiy or obtained from models who have provided their explicit consent, either written or verbal, to participate in the content creation process. 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. Users are granted a personal, non-exclusive, non-transferable license to access the content for personal, non-commercial use only. 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 engage in reverse-engineering, tampering with, or otherwise modifying the Software Product or any part of the Services. Attempts to gain unauthorized access to the Software Product, including the use of bots, anti-detect software, proxies, or any other unauthorized methods, are strictly prohibited.
4. Content Disclaimer and Age Requirement
The NYMF platform contains artistic content that may include nudity or partially exposed body parts. 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 Author and RomanSoft OÜ are not responsible for any legal issues arising from unauthorized access by individuals below the legal age.
5. Compliance with Applicable Laws
The NYMF platform is governed by the laws of Ukraine. RomanSoft OÜ acts as an authorized representative within the European Union, ensuring compliance with EU regulations, including GDPR. Users located in the EU are protected under GDPR and have the right to access, modify, or delete their personal data as detailed in the Privacy Policy.
Additionally, NYMF ensures compliance with applicable laws in the United States and other jurisdictions where the platform is accessible. Users are responsible for ensuring that their use of the platform complies with local laws and regulations.
6. Payment Processing and Purchases
The NYMF Software Product 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 mobile app (iOS or Android) or through the official NYMF website.
For purchases made within the NYMF mobile app, payments are processed through the official Apple In-App Purchase system for iOS users or the Google Play Billing system for Android users. 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 official NYMF website (https://nymf.com), payments are managed exclusively by RomanSoft OÜ, an authorized representative of the NYMF platform for processing payments within the European Union and globally, excluding mobile app purchases. Users can make payments using credit/debit cards, PayPal, cryptocurrency, or other payment methods as made available by RomanSoft OÜ. 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. Refunds are not guaranteed and are provided at the discretion of RomanSoft OÜ based on eligibility criteria. All licenses purchased for digital products are considered final and non-refundable unless otherwise stated. By making a purchase on the NYMF website, the User agrees to the terms and conditions set forth in this agreement and any other applicable agreements related to the transaction.
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. NYMF 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. Any disputes related to payments or purchases must be addressed to the relevant platform (Apple, Google, or RomanSoft OÜ), depending on the purchase method used.
7. Modifications to the Agreement
The Author 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.
8. Prohibited Conduct
Users must not:
– Engage in any illegal or unauthorized activities on the NYMF platform.
– Violate the copyright or intellectual property rights of the Author or any third party.
– Circumvent or interfere with security-related features of the platform.
– Share, distribute, or modify the content without the Author’s explicit permission.
– Attempt to gain unauthorized access to the platform’s systems or databases.
9. Registration and Account Deletion
Registration is the process of creating a NYMF account through supported registration methods, which include:
– Email and Password
– Apple Sign-In
– Google Sign-In
By completing the registration process, the User acknowledges and agrees to the terms of this End User License Agreement (EULA) and its annexes. Users must be at least 18 years old or the age of majority in their jurisdiction, whichever is higher, to register and use the NYMF Software Product. By registering, the User confirms that they meet this requirement.
IMPORTANT NOTICE:
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT AND ALL ATTACHED DOCUMENTS DURING REGISTRATION. BY CLICKING TO ACCEPT OR AGREE TO THE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MUST NOT ACCESS OR USE THE SOFTWARE PRODUCT.
Continued Agreement:
By using the Software Product, the User is deemed to have unconditionally agreed to and accepted the EULA throughout the entire period of usage. This acceptance constitutes a legally binding contract governed by the terms and conditions set forth herein.
Data Storage and Usage:
The Software Product may collect, store, and process non-personal data about registered Users for purposes related to improving services, ensuring platform functionality, and providing a better user experience. For more details, please review our Privacy Policy.
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.
10. Advertising
The NYMF Software Product and related Services may include advertisements, promotions, sponsorships, and other marketing content (collectively, “Advertisements”). These Advertisements may be displayed within the Software Product 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 Software Product and Services, the User acknowledges and consents to the presence of Advertisements and promotional content as part of the overall user experience. The Administrator reserves the right to determine the method, frequency, style, format, and placement of Advertisements displayed within the Software Product 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 nature, tone, scope, and frequency of displayed Advertisements may be modified or adjusted by the Administrator at its sole discretion, with the consent of the Author. Such changes may occur without prior notice to the User and are intended to enhance the overall functionality, profitability, and user experience of the Software Product and Services.
The presence of Advertisements does not imply endorsement, sponsorship, or recommendation by the Author, Administrator, or RomanSoft OÜ 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. The Administrator and RomanSoft OÜ disclaim all liability for any issues arising from the User’s interactions with third-party advertisers.
Users are encouraged to review the privacy policies and terms of service of any third-party advertisers before engaging with or providing personal information to them. The Administrator and RomanSoft OÜ are not responsible for the actions, policies, or content of third-party advertisers.
By continuing to use the Software Product and Services, the User agrees to the terms set forth in this Advertising section.
11. Delivery Methods and Timing
NYMF 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 Software Product 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. Users experiencing issues with accessing their purchased content are encouraged to contact our support team at [email protected] for assistance.
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:
NYMF 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.
In cases of delayed or undelivered physical products, Users should contact our support team at [email protected] for resolution.
For any additional inquiries, including issues related to access, delivery, or payment processing, please contact NYMF’s customer support at [email protected].
Special Provisions
The Author/Copyright Holder acknowledges that while every effort is made to maintain the Software Product and Services in a fully operational state, the Software Product and/or the Services are provided “as-is” and may not function on an around-the-clock 24/7 basis without interruptions. The Author/Copyright Holder does not guarantee the Software Product’s continuous availability, error-free operation, or compatibility with all devices or systems.
The Author/Copyright Holder shall not be held liable for any losses, damages, or inconveniences incurred by Users resulting from:
– Technical failures, errors, or outages of the Software Product or Services.
– Actions, omissions, or technical issues arising from third-party platforms, service providers, or payment processors.
– User interactions with content or services provided by external websites or platforms accessed through the Software Product.
– Unauthorized access or misuse of User accounts due to inadequate password protection or failure to secure login credentials.
Furthermore, the Author/Copyright Holder reserves the right to remove, modify, or restrict access to any information or materials deemed unacceptable, inappropriate, or in violation of this EULA from the Software Product or related servers, with or without prior notice to the User.
The Author/Copyright Holder does not control the information, products, or services provided by third parties on the Internet or through the Software Product. Users acknowledge that content or services made available by third parties, unless expressly indicated as provided directly by the Author/Copyright Holder, are not subject to the Author’s oversight or responsibility.
By using the Software Product and Services, Users agree that the Author/Copyright Holder shall not be held liable for any costs, damages, or losses arising directly or indirectly from the use of the Software Product, including but not limited to those resulting from interactions with third-party platforms, services, or advertisers.
For assistance or inquiries related to the operation of the Software Product, Users are encouraged to contact our support team at [email protected].
12. Promo Codes
NYMF 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 Administrator 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 NYMF 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 NYMF Administrator or customer support team, based on specific agreements or promotional arrangements.
Users may also purchase Promo Codes directly from NYMF through individualized arrangements made via the Administrator or 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 NYMF.
– Promo Codes provided by NYMF are subject to all other terms and conditions outlined in this EULA.
– 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 NYMF.
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
NYMF strives to provide Users with uninterrupted access to the Software Product and its Services. However, certain actions, configurations, or external factors may interfere with the User’s ability to access or fully utilize NYMF. By using NYMF, Users agree to abide by all conditions set forth in this Agreement.
Users must understand that each account is intended for personal use only. Sharing account credentials with others, including providing access to third parties, is strictly prohibited. Excessive use of the same account across multiple devices or simultaneous logins from various locations may be considered suspicious activity, resulting in temporary or permanent suspension of access. If NYMF detects an unusually high number of login attempts from different devices or IP addresses within a short timeframe, the account may be temporarily restricted or permanently banned to protect security and content integrity.
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.
Access to NYMF may be affected by unstable or unreliable internet connections, especially if interruptions persist during critical service operations. Users are responsible for maintaining an adequate internet connection that meets the technical requirements of NYMF’s services. Users accessing NYMF from countries or regions where such content is restricted or prohibited by local regulations may encounter issues with accessibility or be denied service altogether.
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.
NYMF 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 NYMF.
Content provided by NYMF 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.
NYMF 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.
If a User encounters difficulties accessing NYMF due to any of the reasons outlined above, they are encouraged to contact NYMF’s support team at [email protected] for assistance.
NYMF 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
The Author and RomanSoft OÜ shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of the NYMF platform. Users agree to use the platform at their own risk.
The Author and RomanSoft OÜ do not guarantee that the Software Product or Services will be error-free, uninterrupted, or compatible with all devices and systems. Users are responsible for ensuring that their devices meet the necessary technical requirements for accessing the Software Product.
The Author and RomanSoft OÜ shall not be held liable for any loss of data, account information, or content resulting from unauthorized access, technical issues, or user actions that violate the terms of this Agreement.
Users acknowledge that content available on the NYMF platform is provided on an “as-is” and “as-available” basis. No warranties, whether express or implied, are made regarding the quality, reliability, or availability of the Software Product or Services.
The maximum liability of the Author or RomanSoft OÜ 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. Dispute Resolution
All disputes arising from the use of the NYMF platform shall be governed by the laws of Ukraine. Users agree to submit to the exclusive jurisdiction of the courts of Ukraine. RomanSoft OÜ serves only as a representative within the EU and is not liable for disputes regarding content or user activity.
The Parties agree to attempt to resolve disputes through good faith negotiation, including mediation or arbitration, before resorting to formal legal proceedings. Arbitration, if elected by both parties, will be conducted under the rules of the International Chamber of Commerce (ICC).
In the event of a dispute, Users may contact NYMF’s support team at [email protected] for assistance.
16. Termination
The Author reserves the right to terminate User access to the NYMF platform at any time for violations of this Agreement or other improper conduct. Users found engaging in prohibited activities, including content piracy, unauthorized sharing, or the use of prohibited software, will be subject to immediate termination of access.
Upon termination, the User shall lose all rights to access the Software Product, 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. Severability and Waiver
If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
Failure by the Author or RomanSoft OÜ to enforce any provision of this Agreement shall not be considered a waiver of their rights to enforce such provisions in the future.
18. Governing Law
This Agreement shall be governed by the laws of Ukraine, irrespective of the User’s location. Users accessing the NYMF platform residing in the European Union, the United States, or other jurisdictions are responsible for ensuring compliance with local laws and regulations. In the event of a conflict between applicable local laws and the terms of this Agreement, the terms of this Agreement shall prevail to the fullest extent permitted by law.
19. Contact Information
For any inquiries related to this Agreement or the NYMF platform, please contact:
Email: [email protected]
Website: https://nymf.com
Inquiries sent to [email protected] or through the support form will usually be responded to within 5 business days. However, response times may occasionally be longer due to high inquiry volumes or other unforeseen circumstances. Urgent issues related to payment processing or account access will be prioritized whenever possible.