Terms of Service
SMS Spam Armor
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nitron Digital LLC ("Company," "we," "us," or "our") governing your access to and use of the SMS Spam Armor mobile application (the "App") and all related services (collectively, the "Service").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. DESCRIPTION OF SERVICE
SMS Spam Armor is a spam filtering application designed to help reduce unwanted SMS and MMS messages on iOS devices. The App uses Apple's iOS Message Filter Extension framework to analyze incoming text messages and filter potential spam.
2.1 Service Capabilities
The Service provides:
- On-device filtering of SMS and MMS messages
- Customizable blocklists for phone numbers
- Keyword-based spam detection
- Pattern-based spam detection
- Message classification features
- Free basic features with optional Pro subscription features
2.2 Service Limitations
You acknowledge and agree that:
a) Platform Limitations:
- The App CANNOT filter iMessages due to Apple's end-to-end encryption
- The App CANNOT filter messages from contacts stored in your iOS Contacts app (iOS system limitation)
- The App operates within Apple's Message Filter Extension framework and is subject to all iOS platform constraints
b) Filtering Accuracy:
- Spam filtering is NOT 100% accurate
- Legitimate messages MAY be incorrectly filtered (false positives)
- Spam messages MAY NOT be filtered (false negatives)
- The App uses heuristics and pattern matching which may produce errors
c) User Responsibility:
- YOU are responsible for regularly reviewing filtered messages
- YOU are responsible for configuring the App's settings appropriately
- YOU are responsible for maintaining your blocklists and keywords
- YOU assume all risk of missed important communications
3. ELIGIBILITY
The App is available for use by individuals worldwide. By using the App, you represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction.
If you are a minor in your jurisdiction, you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
4. SUBSCRIPTION AND PRICING
4.1 Free and Pro Features
The App is available for free download with basic features. Certain advanced features ("Pro Features") require a paid subscription ("Pro Subscription").
Pro Subscription Pricing: $4.99 USD per year (or equivalent in your local currency)
Prices are subject to change with notice. Subscription pricing and available features will be clearly displayed within the App before purchase.
4.2 Subscription Terms
- Subscriptions are billed annually through your Apple ID account
- Payment is charged to your Apple ID account at confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel subscriptions in your Apple ID account settings
- No refund will be provided for any unused portion of a subscription period
4.3 Free Trial (If Applicable)
If we offer a free trial period for Pro Features, you will be charged the subscription price at the end of the trial period unless you cancel before the trial expires. Free trials are offered at our sole discretion and we reserve the right to modify or terminate trial offers at any time.
4.4 Refunds
All purchases are made through Apple's App Store and are subject to Apple's refund policies. We do not process refunds directly. To request a refund, you must contact Apple Support or request a refund through your Apple ID account. We have no control over Apple's refund decisions.
Cancelling your subscription does not entitle you to a refund for the current subscription period. If you cancel, you will retain access to Pro Features through the end of your current billing period.
5. LICENSE GRANT
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on iOS devices that you own or control solely for your personal, non-commercial use.
5.1 License Restrictions
You shall NOT:
- Modify, reverse engineer, decompile, or disassemble the App
- Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App
- Use the App for any illegal, harmful, or unauthorized purpose
- Use the App to violate any applicable laws, regulations, or third-party rights
- Attempt to gain unauthorized access to any portion of the App or related systems
- Remove, obscure, or alter any proprietary notices in the App
- Use automated systems (bots, scrapers) to access the App
- Interfere with or disrupt the integrity or performance of the App
- Circumvent, disable, or interfere with security-related features or features that enforce limitations on use
- Share, transfer, or resell your Pro Subscription to others
6. USER OBLIGATIONS
6.1 Compliance
You agree to:
- Provide accurate information when using the App
- Comply with all applicable laws and regulations in your jurisdiction
- Use the App in accordance with these Terms and Apple's App Store Terms of Service
- Enable the Message Filter Extension in iOS Settings as required for functionality
6.2 Appropriate Use
You shall NOT use the App to:
- Block emergency services or public safety messages
- Interfere with legally required communications
- Harass, abuse, or harm others
- Violate telecommunications laws or regulations
- Facilitate any illegal activity
6.3 International Use
If you access the App from outside the United States, you are responsible for compliance with all local laws and regulations. You agree that New Hampshire law governs these Terms regardless of your location.
7. PRIVACY
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The App is designed with privacy as a core principle:
- Zero Data Collection: We do NOT collect, store, transmit, or process any of your personal data, message content, filtering decisions, or usage information
- No Analytics: We do NOT use analytics, tracking, or monitoring tools
- No Crash Reporting: We do NOT collect crash reports or diagnostic data
- On-Device Only: All filtering, processing, and data storage occurs exclusively on your device
- No Network Communication: The App does NOT transmit any data to our servers or any third-party servers
- Your Data Stays Yours: Your blocklists, keywords, settings, and all other data remain solely on your device
8. NO WARRANTY
THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
8.1 Specific Disclaimers
WE DO NOT WARRANT THAT:
- The App will meet your requirements or expectations
- The App will be uninterrupted, timely, secure, or error-free
- The results obtained from the App will be accurate or reliable
- Any spam will be blocked or any legitimate messages will not be filtered
- Any defects in the App will be corrected
- The App will be compatible with all devices, iOS versions, or future updates
- Pro Features will be available without interruption
- The App will protect you from all spam, phishing, or fraudulent messages
8.2 No Professional Advice
The App does not provide legal, security, telecommunications, or professional advice of any kind. The filtering suggestions and classifications are automated and should not be relied upon as professional recommendations. You should independently verify important communications.
8.3 Third-Party Dependencies
The App's functionality depends on Apple's iOS platform and may be affected by changes to iOS, Apple's policies, or Apple's Message Filter Extension framework. We are not responsible for any loss of functionality due to third-party platform changes.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NITRON DIGITAL LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Lost profits, revenue, data, business opportunities, or goodwill
- Loss of or damage to data, messages, or communications
- Missed communications, time-sensitive messages, or emergency alerts
- Personal injury, emotional distress, or psychological harm
- Business interruption or loss of business relationships
- Damage to reputation or defamation claims
- Cost of substitute products or services
- Unauthorized access to or alteration of your transmissions or data
- Security breaches or privacy violations
- Decisions made in reliance on the App's filtering
ARISING OUT OF OR IN CONNECTION WITH:
- Your use, misuse, or inability to use the App
- Any messages that are filtered, not filtered, or incorrectly classified
- Any errors, mistakes, inaccuracies, or omissions of content or filtering
- Any interruption or cessation of the App or Service
- Any bugs, viruses, trojan horses, or malicious code transmitted through the App
- Any conduct or content of third parties on or accessed through the App
- Unauthorized access to your device or data
- Any subscription charges or billing issues
- Termination or suspension of your access to the App
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9.1 Maximum Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF:
- (A) THE TOTAL AMOUNT YOU PAID TO US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
- (B) ONE HUNDRED DOLLARS ($100.00 USD)
9.2 Essential Terms
YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 9 ARE ESSENTIAL ELEMENTS OF THESE TERMS AND REFLECT A REASONABLE ALLOCATION OF RISK. WE WOULD NOT PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS. THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.3 Basis of the Bargain
The disclaimer of warranties and limitation of liability are fundamental elements of the basis of the bargain between you and Nitron Digital LLC. The App would not be provided without such limitations.
10. INDEMNIFICATION
You agree to indemnify, defend (at our option), and hold harmless Nitron Digital LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any rights of another party, including privacy or intellectual property rights
- Your violation of any applicable laws, regulations, or third-party rights
- Any content, data, or information you provide through the App
- Any dispute between you and a third party
- Any false or misleading information you provide
- Your breach of any representations or warranties made herein
- Any claim that your use of the App caused harm to a third party
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent.
11. UPDATES AND MODIFICATIONS
11.1 App Updates
We may, but are not obligated to, provide updates, bug fixes, enhancements, new features, or support for the App. You understand that:
- Continued functionality may require accepting and installing updates
- Some updates may be delivered automatically by Apple
- We may discontinue support for older iOS versions
- Pro Features may be modified, added, or removed at our discretion
- We have no obligation to maintain backward compatibility
11.2 Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of material changes by:
- Posting the updated Terms in the App with a new "Last Updated" date
- Providing an in-app notification of changes
- Posting notice on our website at https://nitron.digital
Material changes will take effect thirty (30) days after posting, except for:
- Changes required by law (effective immediately)
- Security or fraud prevention changes (effective immediately)
- New feature additions (effective immediately)
Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately stop using the App and uninstall it. No refunds will be provided for prepaid subscription periods if you discontinue use due to Terms changes.
11.3 Changes to Service and Pricing
We reserve the right to:
- Modify, suspend, or discontinue the App or any part thereof at any time with or without notice
- Change subscription pricing for new or renewing subscriptions (with thirty (30) days' notice)
- Modify Pro Features or move features between free and paid tiers
- Impose limits on certain features or restrict access to parts of the App
Price changes will not affect your current subscription period but will apply upon renewal.
12. INTELLECTUAL PROPERTY
12.1 Ownership
The App and all content, features, functionality, software, code, algorithms, user interface, design, graphics, logos, and all intellectual property embodied therein (including but not limited to copyrights, patents, trademarks, trade secrets, and proprietary information) are owned exclusively by Nitron Digital LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
12.2 Trademarks
"SMS Spam Armor," "Nitron Digital," the SMS Spam Armor logo, and all related names, logos, product and service names, designs, taglines, and slogans are trademarks or registered trademarks of Nitron Digital LLC. You may not use such marks without our prior written permission. All other trademarks are the property of their respective owners.
12.3 Feedback
If you provide us with any feedback, suggestions, ideas, enhancement requests, recommendations, or other information regarding the App ("Feedback"), you:
- Grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, publicly perform, and exploit the Feedback in any manner and for any purpose without compensation or attribution to you
- Waive any moral rights you may have in the Feedback
- Represent that you have the right to grant such license
We have no obligation to use or implement any Feedback.
12.4 Digital Millennium Copyright Act (DMCA)
We respect intellectual property rights. If you believe content accessible through the App infringes your copyright, please contact us at legal@nitron.digital with the information required under the DMCA.
13. THIRD-PARTY SERVICES AND APPLE
13.1 Third-Party Services
The App may contain links to or integrate with third-party websites, services, or resources that are not owned or controlled by us. We do not endorse and are not responsible for:
- The availability, accuracy, legality, or content of such third-party services
- Any products, services, or content available from such third-party services
- The privacy practices or terms of service of third-party services
- Your interactions or transactions with third parties
Your use of third-party services is entirely at your own risk and subject to their respective terms and conditions and privacy policies.
13.2 Apple-Specific Terms
Acknowledgment:
You acknowledge that:
- These Terms are between you and Nitron Digital LLC only, not with Apple Inc. ("Apple")
- Apple is not responsible for the App, its content, maintenance, or support services
- Apple has no warranty obligation with respect to the App
- Apple is not responsible for addressing any claims relating to the App or your use of it
License Scope:
The license granted herein is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Usage Rules in Apple's App Store Terms of Service.
Maintenance and Support:
Nitron Digital LLC, not Apple, is solely responsible for any maintenance and support services for the App to the extent required under these Terms or applicable law. Apple has no obligation to furnish maintenance or support.
Warranty:
To the extent permitted by law, any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty (if any) will be the sole responsibility of Nitron Digital LLC, not Apple. Apple will have no warranty obligation whatsoever with respect to the App.
Product Claims:
Nitron Digital LLC, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to:
- Product liability claims
- Any claim that the App fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation
- Claims related to intellectual property infringement
Intellectual Property Claims:
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Nitron Digital LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Legal Compliance:
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity List
Third-Party Beneficiary:
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In-App Purchases:
All purchases are made through Apple's In-App Purchase mechanism and are subject to Apple's payment processing terms. We have no access to or control over your Apple payment information.
14. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1 Informal Resolution Requirement
Before initiating arbitration, you agree to first contact us at legal@nitron.digital to attempt to resolve the dispute informally. You must provide:
- Your name and contact information
- A description of the nature and basis of the claim
- The specific relief sought
We will attempt to resolve the dispute by contacting you via email within thirty (30) days. If we cannot resolve the dispute within sixty (60) days of receiving your notice, either party may proceed to arbitration as set forth below.
14.2 Binding Arbitration Agreement
YOU AND NITRON DIGITAL LLC AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SERVICE (INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT CLAIMS, STATUTORY CLAIMS, OR CLAIMS REGARDING THE SCOPE OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT) SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, AS MODIFIED BY THESE TERMS.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and survives termination of these Terms.
14.3 Arbitration Procedures
- Rules: The arbitration will be conducted under the AAA's Consumer Arbitration Rules in effect at the time the arbitration is initiated, which are available at www.adr.org or by calling 1-800-778-7879
- Location: The arbitration will take place in Manchester, New Hampshire, or remotely via videoconference or telephone at your option
- Language: The arbitration will be conducted in the English language
- Arbitrator Selection: The arbitrator will be selected pursuant to AAA rules
- Discovery: Discovery will be permitted to the extent provided by AAA rules
- Decision: The arbitrator's decision and award will be in writing with findings of fact and conclusions of law, and will be final and binding on all parties
- Judgment: Judgment on the arbitration award may be entered in any court having jurisdiction
14.4 Arbitration Costs and Fees
- AAA Filing Fees: You are responsible for paying the AAA's filing fees in accordance with AAA's Consumer Arbitration Rules
- Arbitrator Fees: The costs of the arbitrator will be divided equally between the parties unless the arbitrator determines otherwise
- Attorney Fees: Each party is responsible for its own attorney fees, expert fees, and other legal costs, unless the arbitrator determines that applicable law requires otherwise or awards fees and costs to the prevailing party
14.5 NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS
YOU AND NITRON DIGITAL LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both you and we agree otherwise in writing:
- The arbitrator may not consolidate more than one person's claims
- The arbitrator may not preside over any form of class, collective, consolidated, or representative proceeding
- The arbitrator may award relief (including monetary, injunctive, or declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim
If a court determines that this class action waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief must be severed and decided in court, and any remaining claims or requests for relief remain subject to arbitration.
14.6 NO JURY TRIAL WAIVER
BY AGREEING TO ARBITRATION, YOU AND NITRON DIGITAL LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
14.7 No Court Actions
EXCEPT AS PROVIDED IN SECTION 14.10 BELOW, YOU AND NITRON DIGITAL LLC AGREE THAT ANY DISPUTE MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND MUST BE RESOLVED EXCLUSIVELY THROUGH ARBITRATION. NEITHER PARTY MAY BRING A CLAIM IN COURT (INCLUDING SMALL CLAIMS COURT) OR ANY OTHER FORUM.
14.8 Opt-Out Right
You have the right to opt out of this arbitration agreement.
To opt out, you must send written notice to us within thirty (30) days of first accepting these Terms (or within thirty (30) days of any material change to this arbitration provision) by:
- Email to: legal@nitron.digital
- Subject line: "Arbitration Opt-Out"
- Include: Your full name, email address, phone number, and clear statement that you wish to opt out of the arbitration agreement
If you opt out:
- You will not be bound by this arbitration provision
- All other terms of this Agreement will continue to apply
- Any dispute will be resolved in the courts specified in Section 15 below
If you do not opt out within the 30-day period, you will be bound to arbitrate disputes in accordance with this Section 14.
14.9 Changes to Arbitration Terms
If we make any material changes to this arbitration provision (other than a change to our address for notices), you may reject the change by sending written notice to legal@nitron.digital within thirty (30) days of the change. If you reject the change, the arbitration provision as it existed immediately prior to the change will continue to govern any disputes between you and us.
14.10 Exceptions to Arbitration
Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction solely for:
- Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret
- However, such court actions are still subject to the restrictions on class actions and representative proceedings set forth in Section 14.5
14.11 Severability of Arbitration Provision
If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason:
- The unenforceable or unlawful provision shall be severed from these Terms
- Severance of the unenforceable or unlawful provision shall have no impact on the remainder of the arbitration provision or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration provision
- The remainder of these Terms will continue in full force and effect
If the class action waiver in Section 14.5 is found to be unenforceable, then the entire arbitration provision (Section 14) shall be null and void, but the remainder of these Terms will remain in effect.
15. GOVERNING LAW AND JURISDICTION
15.1 Governing Law
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
15.2 Consent to Jurisdiction
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION (SUCH AS IF YOU VALIDLY OPT OUT OF ARBITRATION OR IF THE ARBITRATION PROVISION IS FOUND UNENFORCEABLE), you and Nitron Digital LLC agree that:
- Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Hillsborough County, New Hampshire
- You irrevocably consent to the personal jurisdiction and venue of such courts
- You waive any objection to the laying of venue in such courts
- You waive any claim that such courts are an inconvenient forum
15.3 International Users
If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws in your jurisdiction. By using the App, you explicitly consent and agree that:
- These Terms are governed exclusively by New Hampshire law
- Any disputes will be resolved in New Hampshire through arbitration or courts as specified herein
- You waive any right to bring claims in your local jurisdiction
16. FORCE MAJEURE
Nitron Digital LLC shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, or extreme weather
- War, terrorism, riots, civil unrest, or acts of government
- Embargoes, sanctions, or export restrictions
- Strikes, lockouts, or labor disputes
- Pandemics, epidemics, or public health emergencies
- Fire, flood, earthquake, or other catastrophes
- Failure of telecommunications or internet infrastructure
- Failure or malfunction of Apple's servers, App Store, or iOS platform
- Cyber attacks, hacking, or malicious software
- Power outages or utility failures
- Changes to Apple's policies, iOS functionality, or Message Filter Extension framework
Performance shall be excused during the period of such force majeure event. If a force majeure event continues for more than ninety (90) days, either party may terminate these Terms upon written notice.
17. SEVERABILITY
If any provision of these Terms is held to be unlawful, void, invalid, or unenforceable by a court or arbitrator of competent jurisdiction:
- That provision shall be deemed severed from these Terms
- The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions
- The remaining provisions shall remain in full force and effect
- The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent
18. WAIVER
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any waiver must be in writing and signed by an authorized representative of Nitron Digital LLC to be effective.
19. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other legal notices, agreements, or policies published by us in connection with the App, constitute the entire agreement between you and Nitron Digital LLC concerning the App and supersede all prior or contemporaneous:
- Communications and proposals (whether electronic, oral, or written)
- Representations or agreements between you and us
- Industry customs or practices
You acknowledge that you have not relied upon any statement, representation, warranty, or agreement not expressly set forth in these Terms.
20. ASSIGNMENT
20.1 Your Assignment Rights
You may not assign, transfer, delegate, or sublicense these Terms or your rights hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any attempted assignment in violation of this section shall be null and void.
20.2 Our Assignment Rights
We may assign, transfer, or delegate these Terms or any rights or obligations hereunder without restriction and without notice to you, including but not limited to:
- To any affiliate or subsidiary
- In connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets
- To any successor or acquirer
21. TERMINATION
21.1 Termination by You
You may terminate these Terms and your use of the App at any time by:
- Uninstalling the App from all your devices
- Ceasing all use of the App
- Cancelling any active Pro Subscription through your Apple ID settings
Termination does not entitle you to a refund of any prepaid subscription fees.
21.2 Termination by Us
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason or no reason, including but not limited to:
- Breach of these Terms
- Violation of applicable laws or regulations
- Fraudulent, abusive, or illegal activity
- Repeated complaints from other users
- At our sole discretion with or without cause
- If we cease offering the App
21.3 Effect of Termination
Upon termination for any reason:
- All licenses and rights granted to you under these Terms immediately cease
- You must immediately cease all use of the App
- You must delete or uninstall all copies of the App from your devices
- Any Pro Subscription will be cancelled (no refunds for remaining subscription period)
- All provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution provisions, and general provisions (Sections 7, 8, 9, 10, 12, 14, 15, 17, 18, 19, 20, and 22)
Termination does not affect any rights or obligations that accrued prior to termination.
22. EXPORT CONTROL AND SANCTIONS COMPLIANCE
22.1 Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including:
- The U.S. Export Administration Regulations maintained by the U.S. Department of Commerce
- Trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC")
- The International Traffic in Arms Regulations (ITAR)
- All other applicable export control laws of the United States and foreign jurisdictions
22.2 Prohibited Destinations
You represent and warrant that you are not:
- Located in, under the control of, or a national or resident of any country subject to U.S. embargo or trade sanctions (including Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine, or any other country designated by the U.S. Government as a "terrorist supporting" country)
- Identified on any U.S. Government list of prohibited or restricted parties, including: The Treasury Department's List of Specially Designated Nationals and Blocked Persons, The Commerce Department's Denied Persons List, Entity List, or Unverified List, Any other applicable restricted party lists
22.3 Prohibited Use
You shall not:
- Use the App in any country or jurisdiction that is prohibited under applicable export control laws
- Export, re-export, or transfer the App to prohibited destinations or persons
- Use the App for any purpose prohibited by export control laws, including development of weapons of mass destruction
23. GENERAL PROVISIONS
23.1 Independent Contractors
You and Nitron Digital LLC are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship between the parties.
23.2 No Third-Party Beneficiaries
Except as expressly provided in Section 13.2 (regarding Apple), these Terms do not confer any third-party beneficiary rights. No third party shall have any right to enforce any provision of these Terms.
23.3 Notices
All notices to you may be provided by:
- Email to the address associated with your Apple ID
- In-app notifications
- Posting on our website at https://nitron.digital
- Posting within the App
All notices to us must be sent in writing to:
- Email: legal@nitron.digital
- Mail: Nitron Digital LLC, 923 Elm Street, Manchester, NH 03101, United States
Notices sent by email are deemed received within 24 hours. Notices sent by mail are deemed received five (5) business days after mailing.
23.4 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
23.5 Language
These Terms have been prepared in English. In the event of any conflict between the English version and any translation, the English version shall prevail to the extent permitted by applicable law.
23.6 Electronic Communications
By using the App, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23.7 Survival
All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
23.8 Relationship to Apple Terms
In the event of any conflict between these Terms and Apple's App Store Terms of Service, these Terms shall control with respect to the relationship between you and Nitron Digital LLC, but Apple's terms shall control with respect to your relationship with Apple.
24. ACCESSIBILITY
We strive to make the App accessible to users with disabilities in accordance with applicable accessibility standards. If you experience difficulty accessing or using any portion of the App due to a disability, please contact us at support@nitron.digital and we will work with you to provide the information or functionality through an alternative method if feasible.
25. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
California Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Or by telephone at: (916) 445-1254 or (800) 952-5210
Or online at: https://www.dca.ca.gov/
25.1 California Privacy Rights
California residents have specific privacy rights under California law. For information about your California privacy rights and how we handle California residents' information, please see our Privacy Policy.
ACKNOWLEDGMENT
BY DOWNLOADING, INSTALLING, OR USING SMS SPAM ARMOR, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE IN THEIR ENTIRETY
- YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER
- YOU UNDERSTAND THAT THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES
- YOU UNDERSTAND THE LIMITATIONS OF LIABILITY AND AGREE TO INDEMNIFY NITRON DIGITAL LLC
- YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT OR PARTICIPATE IN CLASS ACTIONS
- YOU CONSENT TO NEW HAMPSHIRE LAW GOVERNING THESE TERMS REGARDLESS OF YOUR LOCATION
- YOU UNDERSTAND THAT SPAM FILTERING IS NOT 100% ACCURATE AND YOU ASSUME RISK OF MISSED COMMUNICATIONS
- IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APP AND CEASE ALL USE
Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the App, please contact us at:
Nitron Digital LLC
923 Elm Street
Manchester, NH 03101
United States
Legal/Compliance: legal@nitron.digital
Support: support@nitron.digital
Website: https://nitron.digital
For technical support or billing issues related to your subscription, please contact Apple Support directly.
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