These Terms of Service (the “Terms”) govern access to and use of the Nuvlyx platform, provided by Moshipp SAS, a company incorporated under the laws of the Republic of Colombia, tax ID 901.675.933-1 (“Nuvlyx”). By signing up, subscribing, or using the platform, you accept these Terms in full.
1. Definitions
- Platform: the Nuvlyx SaaS software available at nuvlyx.com, its subdomains, custom domains, APIs, and related services.
- Owner: the natural or legal person who subscribes to Nuvlyx to run their own digital store and resell products to end customers.
- End customer: the person who registers or makes purchases in a store run by an Owner on Nuvlyx infrastructure.
- Plan: subscription tiers offered (Free, Basic, Pro, Enterprise, Custom/Scale) with their respective limits and features.
- Add-on: optional module contracted in addition to a Plan.
- Owner Content: products, licenses, images, text, and any data the Owner uploads or manages on the Platform.
2. Scope and acceptance
Nuvlyx provides Owners with a multi-tenant white-label platform to operate a digital store for software licenses, streaming accounts, gift cards, and other digital goods deliverable by code.
Acceptance of these Terms is manifested when creating an account, subscribing to a Plan, or using the Platform. If the Owner is a legal entity, the person accepting declares that they have authority to bind that entity.
3. Account and registration
The Owner must provide truthful, complete, and up-to-date information at sign-up and throughout the subscription. The Owner is responsible for keeping credentials confidential and for all activity under their account. Any unauthorized use must be reported to Nuvlyx immediately.
4. Subscription and billing
Nuvlyx offers Plans with monthly or annual billing (with intermediate 3- and 6-month options). Current prices are published at nuvlyx.com/en/pricing. Charges occur in advance at the start of each billing period. Subscriptions renew automatically unless canceled.
Payment gateways (Wompi, MercadoPago, and others) charge their own fees independently from the Nuvlyx subscription. Invoices are issued by Moshipp SAS under applicable Colombian tax regulations.
The Free plan is offered at no cost and without a card, subject to published capacity limits; it does not constitute an indefinite service commitment and may be modified or discontinued with prior notice.
5. Cancellation, downgrade, and data
- Upgrade: takes effect immediately; proportional difference for the remainder of the period is charged.
- Downgrade: takes effect at the start of the next cycle. Existing data is preserved, but operations that exceed the new Plan’s limits may be restricted.
- Cancellation: access is retained until the end of the billed period. After cancellation, store data is retained up to 30 days to allow reactivation or export; after that, data is deleted unless legally required to be retained.
- Delinquency: Days 1–7, the store is suspended with a public notice to end customers. Days 8–30, only the Owner retains administrative access. From day 31, automatic deletion.
Unless otherwise stated, payments are non-refundable. Nuvlyx may issue refunds at its discretion when there is a material service failure attributable to Nuvlyx.
6. Acceptable use
The Owner agrees not to use the Platform to:
- Sell illegal, counterfeit, pirated, or otherwise prohibited products.
- Infringe third-party intellectual property rights.
- Engage in fraud, money laundering, or terrorism financing.
- Collect or process third-party personal data without legal or contractual authorization.
- Overload, interfere with, scan vulnerabilities without permission, decompile, or attempt unauthorized access to Nuvlyx infrastructure.
- Send spam or unsolicited mass communications through integrated channels.
Nuvlyx may suspend or terminate the account immediately, without refund, upon serious or repeated breach of these rules, without prejudice to applicable legal actions.
7. Owner content
The Owner is solely responsible for Content uploaded or delivered via the Platform, including licenses, descriptions, images, text, and pricing. The Owner represents having all necessary rights, authorizations, and licenses.
Nuvlyx does not pre-moderate Owner Content. However, we may remove Content or suspend the account upon reasonable notice of third-party rights infringement or breach of these Terms.
8. Intellectual property
The Platform, source code, design, trademarks, documentation, and other protected elements are the exclusive property of Moshipp SAS or its licensors. These Terms do not transfer any ownership; they grant a limited, revocable, non-exclusive, non-transferable license to use the Platform under the contracted Plan.
The Owner retains all rights in their Content and grants Nuvlyx a limited license to store, process, and transmit it as needed to provide the service.
9. Data processing
All matters regarding personal data are governed by our Privacy Policy. When the Owner processes their end customers’ data on the Platform, the Owner is the Data Controller and Nuvlyx is the Data Processor under Colombian Law 1581/2012 and related regulations. Acceptance of these Terms constitutes the Data Processing Agreement between the parties.
10. Availability and SLA
Nuvlyx applies commercially reasonable efforts to keep the Platform available 24/7/365 with a monthly uptime target of 99.9%, excluding scheduled maintenance, force majeure events, and issues attributable to third parties (cloud providers, payment gateways, ISPs).
The Custom/Scale plan may include a contractual SLA with specific compensations; other plans operate under best-effort terms.
11. Limitation of liability
To the maximum extent permitted by applicable law, Moshipp SAS’s aggregate liability to the Owner arising from these Terms or the Platform shall not exceed the amounts effectively paid by the Owner during the twelve (12) months preceding the event that gave rise to the claim.
Nuvlyx is not liable for indirect, incidental, special, or consequential damages, loss of revenue, loss of data, lost profits, or reputational damage, regardless of the legal theory and even if advised of the possibility of such damages.
The Platform is provided “as is”, without warranties other than those required by mandatory applicable law.
12. Indemnity
The Owner agrees to indemnify and hold harmless Moshipp SAS, its directors, employees, and representatives, from any claim, demand, damage, liability, penalty, or cost (including reasonable attorney fees) arising from: (i) breach of these Terms; (ii) content uploaded or sold via the Platform; (iii) infringement of third-party rights by the Owner or end customers; (iv) unlawful or improper use of the Platform.
13. Changes
Nuvlyx may modify these Terms at any time. Material changes will be notified at least fifteen (15) days before they take effect via email or notice on the Platform. Continued use of the service after that window constitutes acceptance of the new version.
14. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Colombia. Any dispute arising from their interpretation, execution, or fulfillment shall be submitted to the competent courts of [HEADQUARTERS CITY — to be registered], expressly waiving any other forum that might apply. The parties will seek to resolve differences in good faith and via direct dialogue before resorting to judicial proceedings.
15. Contact
For questions about these Terms, email hola@nuvlyx.com.