These Terms include Washington governing-law language plus arbitration and class-action-waiver language that applies only to the maximum extent permitted by applicable law and does not override mandatory local consumer protections.
By installing, accessing, or using NekoByte, you agree to these Terms. If you do not agree, do not install or use the Software.
NekoByte is proprietary software. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for personal or internal business use.
You must be legally able to enter this agreement in your jurisdiction, or use the Software with permission from a parent, guardian, or other person legally authorized to accept these Terms on your behalf where applicable.
NekoByte is intended for worldwide distribution through Steam where Steam makes it available, subject to export controls, sanctions laws, Steam platform rules, mandatory local law, and regional ratings, content, or availability restrictions enforced by Steam or applicable authorities.
Nothing in these Terms guarantees that the Software will be available in every country, at every time, or for every user.
You may use the Software only on systems you own or are authorized to control. You may not use the Software for unlawful, malicious, abusive, or unauthorized purposes, interfere with its security or operation, or reverse engineer it except where applicable law clearly permits that right notwithstanding this restriction.
Some NekoByte features can modify local system settings, registry values, power plans, Explorer or taskbar behavior, or similar Windows configuration. You are responsible for reviewing proposed changes and creating backups or restore points before applying them.
This edition is distributed through Steam. Valve's terms, policies, and technical requirements also apply to your use of Steam, Steam Workshop, Steam payments, refunds, downloads, updates, and related platform features.
Third-party components included with or used by the Software remain subject to their own licenses where applicable.
The Software is designed to process core functionality locally on your device. Steam-managed functions are handled by Valve. If you contact us directly, we may process the information you choose to send as described in the Privacy Policy.
We may suspend or terminate your license if you materially breach these Terms. On termination, you must stop using the Software and delete copies under your control, except to the extent retention is required by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEKOBYTE, BLUJAY131 HOLDINGS LLC, AND THEIR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS WILL NOT EXCEED THE GREATER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded under applicable law.
Before either party starts arbitration or files a claim that these Terms allow to be filed in court, the parties agree to try to resolve the dispute informally for 30 days after written notice is sent to [email protected], unless urgent injunctive relief is reasonably required.
To the maximum extent permitted by applicable law, disputes relating to the Software or these Terms that are not resolved informally will be resolved by binding individual arbitration rather than by lawsuit in court, except for small-claims matters that qualify, claims for temporary or preliminary injunctive relief to protect intellectual property, security, or platform integrity, and claims that applicable law says cannot be arbitrated.
The arbitration will be governed by the Federal Arbitration Act and, where not inconsistent, Washington law. Unless the parties agree otherwise, the arbitration will be administered by the American Arbitration Association under its applicable rules. Hearings will occur in Spokane County, Washington, unless the parties agree to remote proceedings or another permitted location.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NEKOBYTE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
If you are a consumer resident in a jurisdiction whose mandatory law restricts pre-dispute arbitration, class-action waivers, foreign venue, or foreign governing-law clauses, those restrictions apply only to the extent permitted by that mandatory law.
You may opt out of the arbitration and class-action-waiver section by sending a written opt-out request to [email protected] within 30 days after your first use of the Software. Your request must identify you and clearly state that you are opting out of arbitration.
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules, except to the extent superseded by mandatory applicable law. Nothing in these Terms deprives you of any mandatory consumer protections you are entitled to under the law of your usual place of residence.
For disputes that may properly be heard in court, you and BluJay131 Holdings LLC consent to exclusive venue in the state or federal courts serving Spokane County, Washington, unless mandatory law in your jurisdiction requires otherwise.
We may update these Terms from time to time. Material changes may require renewed acceptance before continued use.
These Terms, together with the EULA, Privacy Policy, Cookie Policy, Warranty Disclaimer, and any additional terms expressly incorporated by reference, form the entire agreement between you and us regarding the Software.
You agree to comply with applicable export, re-export, sanctions, and trade control laws. You may not use the Software in violation of those laws.
For support, privacy requests, legal notices, arbitration opt-out requests, or other inquiries, contact [email protected] or BluJay131 Holdings LLC, 522 W Riverside Ave Ste N, Spokane WA 99201, United States.