Terms of Use

By downloading, installing, running or using any software or website made by NiFTyLife, LLC ("we", "us"), you agree to these Terms of Use. If you do not agree, do not use them.

You must be old enough to form a binding contract in your jurisdiction. Where a product is distributed through the App Store, you also need to be able to hold an Apple ID.

These terms cover every product we make. Where a clause applies to only one of them, it says so.

All of it is client and server software for media you supply. None of it is a content service.

• We do not host, store, stream, index, provide, recommend or supply any media content.
• We operate no server that holds your media, your credentials or your viewing history.
• We provide no means of discovering, downloading or acquiring media, and our software includes no content sources of its own.
• Everything you play comes from storage and servers you have configured yourself.

You are solely responsible for the media you use our software with, and for the servers, drives and cloud accounts you connect to it. You represent that you own, have licensed, or are otherwise legally entitled to access and play any content involved.

• You must comply with all applicable laws, including copyright law.
• You must not use our software to access content you have no right to access.
• You are responsible for securing your own servers, networks, devices and accounts.
• You are responsible for any credentials you enter, and for keeping your devices secure.

ApexFeeder, and any future product you install on your own machine, runs under your control and not ours. When you run it, you are its operator.

• You decide what it can reach: which folders, which cloud accounts, which network interface it binds to.
• You are responsible for the security of the machine it runs on and for any access you grant it.
• Exposing it beyond your own network is your decision and your risk. It is designed for local networks, not for the public internet.
• You are responsible for your own backups. Our software is not a backup, and a catalogue is not a copy of your media.
• Where it authenticates to a third-party service on your behalf, the resulting tokens are stored on your machine and are yours to revoke.

ApexFeeder is free. ApexPlayer is free with one optional in-app purchase, ApexPlayer Pro, which is a one-time non-consumable unlock rather than a subscription — it does not renew, and it supports Family Sharing.

• Payment is taken by Apple, not by us. We never see your payment details.
• Refunds are handled by Apple under Apple's refund policy. We cannot issue refunds directly.
• Restoring a purchase requires signing in with the Apple ID used to buy it.
• Prices may change for future purchasers; a purchase you have already made is not affected.

We grant you a personal, non-exclusive, non-transferable, revocable licence to use our software. For products distributed through the App Store, that licence is subject to the App Store Terms of Service and Apple's Licensed Application End User Licence Agreement.

You may not sell, rent, sublicense or redistribute our software; reverse engineer, decompile or disassemble it except to the extent that restriction is prohibited by law; remove any proprietary notices; or use it to build a competing product. Where a product is published under its own open-source licence, that licence governs it and takes precedence over this section.

Our software can connect to services operated by other companies, in each case because you asked it to. Your use of those services is governed by their terms, not ours, and we are not responsible for them.

Your media servers

Plex, Jellyfin, Emby or ApexFeeder running on hardware you control or are authorised to use.

Cloud storage

Dropbox, Google Drive and OneDrive, where you connect them to ApexFeeder. Access is read-only and revocable from the provider at any time.

The Movie Database (TMDB)

ApexFeeder looks up titles, descriptions and artwork through the TMDB API. This product uses the TMDB API but is not endorsed or certified by TMDB.

OpenSubtitles

ApexPlayer searches and downloads subtitles through OpenSubtitles under their terms and download quotas.

Plex

Signing in to a Plex server authenticates through Plex's own service at plex.tv.

Apple

Distribution, purchases and iCloud synchronisation are handled by Apple under Apple's terms.

We are not affiliated with, endorsed by, or sponsored by any of these companies. Their names are used only to describe compatibility.

We may add, change or remove features at any time, and we may stop developing or distributing any product. Because our software runs on your own devices against your own storage, a discontinued product keeps working where it is installed until an operating system update or a third-party change breaks it — but we do not guarantee ongoing compatibility, updates or support.

Third-party services we connect to can change or withdraw their access at any time, which may affect features that depend on them. That is outside our control.

We may update these terms. Material changes will be reflected by the "last updated" date on this page. Continuing to use our software after a change means you accept the revised terms.

Our software is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the fullest extent permitted by law.

We do not warrant that it will be uninterrupted, error-free, or compatible with any particular server version, media format, network configuration or hardware. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, NiFTyLife, LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, media, profits or goodwill, arising from or relating to your use of our software or this website.

Our total liability for any claim will not exceed the greater of the amount you paid us in the twelve months before the claim, or ten US dollars. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

This section applies to products distributed through the App Store. Apple is not a party to these terms and has no responsibility for the app or its content. Apple has no obligation to provide any maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.

Apple and its subsidiaries are third-party beneficiaries of these terms and, upon your acceptance, will have the right to enforce them against you. Any claim relating to the app's failure to conform to legal requirements, or any third-party claim that it infringes intellectual property rights, is our responsibility and not Apple's.

You and NiFTyLife, LLC agree that any dispute between us will be resolved by binding individual arbitration, on the terms set out here. This agreement to arbitrate is governed by the Federal Arbitration Act, and it survives any termination of these terms or of your use of our software.

Arbitration is less formal than a lawsuit. A neutral arbitrator, rather than a judge or jury, decides the dispute; discovery is more limited; and the arbitrator's decision is subject to very limited review by a court. An arbitrator can award the same individual relief a court could, including money damages and, where the law provides for them, statutory damages and attorneys' fees.

Step 1 — Notice of Dispute

Before starting an arbitration, the complaining party must send a written Notice of Dispute. Yours goes to roy@niftylife.io; ours goes to the contact details we hold for you. It must state your name, how to reach you, what happened, and what you want in order to resolve it.

Step 2 — Talk it through

We each agree to try in good faith to settle the dispute informally for 60 days from the date the Notice is received. Any limitation period is paused while that runs.

Step 3 — Arbitration

If we have not resolved it in 60 days, either of us may start arbitration. Completing steps 1 and 2 is a condition of doing so, and either party may ask a court to enforce that requirement.

What this covers: every dispute, claim or controversy between you and us arising out of or relating in any way to these terms, our software, our websites, your purchases, our privacy practices or our communications with you — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before, during or after these terms applied to you. It also covers disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement itself, which the arbitrator decides — except as stated in the next paragraph.

What this does not cover, and what stays in court:

• Either of us may bring an individual claim in small claims court, so long as it stays there and stays individual.
• Either of us may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property.
• Whether the class-action waiver below is enforceable is decided by a court, not by an arbitrator.
• Any dispute that applicable law does not permit to be arbitrated.
• If you are a consumer resident somewhere that does not enforce pre-dispute arbitration agreements against consumers, this section does not apply to you to that extent, and nothing here removes a right your local law gives you that cannot be waived by agreement.

Administrator and rules

Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this section. Those rules and the forms for starting a case are available from the AAA. If the AAA is unavailable or unwilling to administer the case consistently with this section, we will agree on a substitute administrator, and failing agreement a court may appoint one.

The arbitrator

A single neutral arbitrator, selected under the AAA rules, decides the dispute and issues a written decision explaining the essential findings and conclusions. The arbitrator is bound by these terms in the same way a court would be, and judgment on the award may be entered in any court with jurisdiction.

Where and how

Unless we agree otherwise, arbitration proceeds on the documents alone, or by telephone or video, whichever the arbitrator considers appropriate. If an in-person hearing is required, it will take place in the county where you live, or another mutually convenient place.

Fees

Filing, administrative and arbitrator fees are governed by the AAA rules and fee schedule, and we will pay everything those rules require of us. If your individual claim is for less than $10,000 and you filed it in good faith, we will pay those fees for you. Each side otherwise pays its own attorneys' fees, unless a statute or the AAA rules provide otherwise, and the arbitrator may award them where the law allows.

Individual basis only. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may award relief only in favour of the individual party seeking it, and only to the extent necessary to resolve that party's individual claim; the arbitrator may not preside over any consolidated or class proceeding, and may not award relief affecting anyone who is not a party.

If a court decides the paragraph above is unenforceable as to a particular claim or request for relief, that claim or request — and only that one — will be severed from arbitration and brought in court, while every other claim proceeds in arbitration. If a court decides the paragraph above is unenforceable in its entirety, then this whole arbitration section does not apply and disputes go to court as described under Governing law.

Coordinated filings. If 25 or more similar claims are asserted against us by or with the assistance of the same or coordinated counsel, the AAA will administer them in batches of up to 50 claims at a time, with a single arbitrator and a single set of administrative fees for each batch, and batches resolved sequentially. Any limitation period is paused for claims waiting in a later batch. This applies equally if we ever bring claims in that shape.

Opting out

You can decline this arbitration agreement entirely. Email roy@niftylife.io within 30 days of first accepting these terms, with your name and a clear statement that you are opting out of arbitration. That is all it takes. Opting out costs you nothing, affects nothing else in these terms, and we will not treat you differently for it — you simply keep your right to go to court.

Changes to this section

If we materially change this section, we will say so on this page, and you may reject the change by emailing roy@niftylife.io within 30 days of the change, in which case the version you previously agreed to continues to apply between us. No change applies to a dispute for which a Notice of Dispute has already been sent.

Survival and severability

This section survives the end of your relationship with us. If any part of it other than the class-action waiver is found unenforceable, that part is severed and the remainder continues to apply.

These terms, and any dispute arising out of or relating to them or to our software, are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-law principles that would apply the law of another jurisdiction. The Federal Arbitration Act governs the arbitration agreement above.

For any dispute that is not subject to arbitration — because it falls within an exception above, because you opted out, or because a court has held the arbitration agreement unenforceable — you and we agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, and each of us consents to personal jurisdiction and venue there.

If you are a consumer resident outside the United States, nothing here deprives you of the protection of mandatory provisions of the law of your country of residence, including your right to bring proceedings in your local courts where that right cannot be waived by agreement.

If any provision of these terms is found unenforceable, it is severed and the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

Questions about these terms, and Notices of Dispute, go to roy@niftylife.io.