1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and DOLLARSIGNBYLOVEHEART Pty Ltd (ACN 672 423 148) ("Company", "we", "us", or "our"), governing your access to and use of the NitroGen Player platform, website located at https://nitrogenplayer.com, APIs, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms are effective as of January 16, 2026 and supersede all prior agreements relating to the subject matter hereof.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

2.3 Prohibited Users

You may not use the Service if you:

• Have been previously banned or suspended from the Service
• Are located in a jurisdiction where the Service is prohibited
• Are prohibited by applicable law from receiving the Service

3. Description of Service

3.1 Overview

NitroGen Player is an AI-powered cloud gaming service that provides:

• Real-time AI inference for game control
• Screen capture and processing
• Input generation and game automation
• API access for developers
• Integration tools for various gaming platforms

3.2 Service Availability

The Service is available in the following regions: United States, European Union, Asia (Southeast), Oceania, and Japan. Service availability, features, and performance may vary by region.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing. Current pricing is available on our website and may be changed with 30 days' notice.

4.2 Payment Processing

All payments are processed through Stripe, Inc. By providing payment information, you authorize us to charge your selected payment method for all applicable fees. You agree to Stripe's terms of service.

4.3 Billing Cycle

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Usage-based charges are billed in arrears based on actual consumption
• One-time credit purchases are charged immediately upon purchase

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal.

4.5 Taxes

Prices do not include applicable taxes. You are responsible for all applicable taxes, duties, and levies associated with your use of the Service, except for taxes based on our net income.

4.6 Currency

All amounts are in United States Dollars (USD) unless otherwise specified.

5. Cancellation and Refunds

5.1 Cancellation by User

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period, and you will retain access to the Service until then.

5.2 Refund Policy

Subject to applicable consumer protection laws:

• Subscriptions: Subscription fees are generally non-refundable. Pro-rata refunds may be provided in exceptional circumstances at our discretion.
• Credits/One-time Purchases: Unused credits may be refunded within 14 days of purchase if no credits have been consumed.
• Australian Consumer Law: If you are an Australian consumer, you have rights under the Australian Consumer Law that cannot be excluded. If the Service has a major failure, you may be entitled to a refund.

5.3 Cancellation by Company

We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion with reasonable notice. In case of termination without cause, we will provide a pro-rata refund for any prepaid fees.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for:

• Personal gaming and entertainment
• Development and testing of compatible applications
• Commercial use in accordance with your subscription plan

6.2 Prohibited Conduct

You agree NOT to:

• Use the Service to violate any applicable laws or regulations
• Infringe upon the intellectual property rights of any third party
• Use the Service to cheat, exploit, or gain unfair advantages in online games in violation of their terms
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any accounts or systems
• Use the Service to transmit malware, viruses, or harmful code
• Engage in any activity that could damage, disable, or impair the Service
• Use the Service for illegal gambling or activities
• Resell, sublicense, or share your account credentials
• Use automated means to create accounts or abuse the Service
• Harass, abuse, or harm other users

6.3 Enforcement

We reserve the right to investigate and take appropriate action against violations, including:

• Warning or suspension of account
• Termination of account without refund
• Reporting to law enforcement authorities
• Pursuing legal remedies

7. Intellectual Property

7.1 Our Intellectual Property

The Service and all materials therein, including but not limited to software, algorithms, AI models, designs, text, graphics, logos, and trademarks are owned by or licensed to us and are protected by intellectual property laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes.

7.3 Your Content

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free license to use, process, and store such content solely to provide the Service.

7.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without obligation to you.

7.5 Third-Party Content

The Service may integrate with third-party games and platforms. We do not claim ownership of any third-party intellectual property. Your use of third-party content is subject to their respective terms and licenses.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Processing

By using the Service, you acknowledge that:

• Screen captures and gameplay data are processed by our AI systems
• Data may be transferred to servers in different jurisdictions
• We implement appropriate security measures to protect your data

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES RESULTING FROM SERVICE INTERRUPTION OR MODIFICATION

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 AUD.

9.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

9.4 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content submitted to the Service

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

11.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us and attempt to resolve any dispute informally for at least 30 days.

11.4 Class Action Waiver

To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

12.5 Notices

We may provide notices to you by email, posting on the Service, or other reasonable means.

12.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages.

12.7 Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

For questions about these Terms, please contact us.