TERMS OF SERVICE, END USER LICENSE AGREEMENT, AND OMNIBUS LIABILITY WAIVER FOR "NIMU"

LAST UPDATED: JANUARY 05, 2026 VERSION: 5.0 (GLOBAL-STRICT) JURISDICTIONAL SCOPE: THE ENTIRETY OF THE WESTERN HEMISPHERE (NORTH AMERICA, CENTRAL AMERICA, SOUTH AMERICA, AND THE CARIBBEAN).

 

WARNING: READ CAREFULLY. THIS LEGAL AGREEMENT CONTAINS MANDATORY ARBITRATION CLAUSES, CLASS ACTION WAIVERS, AND RELEASES OF LIABILITY THAT SUBSTANTIALLY LIMIT YOUR LEGAL RIGHTS.

 

PREAMBLE: ACCEPTANCE OF TERMS AND RISK ACKNOWLEDGMENT

BY DOWNLOADING, INSTALLING, ACCESSING, OR UTILIZING THE NIMU (NOW I'M MORE UNFILTERED) PLATFORM (HEREINAFTER THE "SERVICE", "PLATFORM", OR "LICENSOR"), YOU (THE "USER", "LICENSEE", OR "DATA SUBJECT") HEREBY ENTER INTO A BINDING, IRREVOCABLE LEGAL CONTRACT WITH IBRSTUDIO LLC (THE "COMPANY").

 

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, OR IF YOU ARE DOMICILED IN A JURISDICTION WHERE THIS AGREEMENT IS PROHIBITED BY LAW, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICE.

 

SPECIFIC GEOLOCATION RISK WARNING: THE CORE FUNCTIONALITY OF NIMU RELIES ON THE BROADCASTING OF AUDIO CONTENT LINKED TO PRECISE GEODETIC COORDINATES. BY USING THIS SERVICE, YOU EXPLICITLY CONSENT TO THE DISCLOSURE OF YOUR APPROXIMATE PHYSICAL LOCATION TO OTHER USERS WITHIN A 100-KILOMETER RADIUS. YOU HEREBY WAIVE ANY CLAIM TO PRIVACY REGARDING YOUR GEOLOCATION WHILE USING THE APP AND ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL PROXIMITY INTERACTIONS.

 

ARTICLE I: DEFINITIONS AND TECHNICAL INTERPRETATION

For the purposes of this Agreement, the following terms shall be interpreted with the strictest technical and legal definitions:

 

"Proximity Protocol (100km Vector)": The proprietary algorithmic filter employed by NIMU that restricts the rendering of Content to a Euclidean radius of 100 kilometers (approx. 62 miles) from the User’s transmission point.

 

"User-Generated Content (UGC)": Any binary data, including but not limited to audio voice notes, MP3 files, metadata, visual GIFs, and text descriptions uploaded by the User.

 

"Mere Conduit": The legal status of the Company as a passive intermediary of information, pursuant to 47 U.S.C. § 230 (CDA) and equivalent international statutes.

 

"The Territory": The combined jurisdictions of the United States of America, Canada, the United Mexican States, and all sovereign nations within Central and South America.

 

ARTICLE II: THE "SECTION 230" SHIELD AND PLATFORM NEUTRALITY

2.1. Status as Interactive Computer Service

Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230) of the United States, and analogous laws in the Territory (including Article 19 of Brazil's Marco Civil da Internet): (a) The Company is an provider of an interactive computer service. (b) The Company shall NOT be treated as the publisher or speaker of any information provided by another information content provider (The User).

 

2.2. No Duty to Monitor

The Company has no obligation to monitor, edit, or control UGC posted by Users. However, the Company reserves the absolute, non-negotiable right to remove content or ban users at its sole discretion, without notice and without liability, for any violation of the "Zero Tolerance" policies described in Article V.

 

ARTICLE III: GEOLOCATION MECHANICS AND PRIVACY WAIVER

3.1. The 100km Radius Mandate

The Service is functionally dependent on Global Positioning System (GPS) data. You acknowledge that: (a) Content you post is legally "tethered" to your physical coordinates at the moment of upload. (b) The Company does not guarantee the accuracy of the GPS triangulation. (c) YOU ASSUME ALL RISKS OF "DOXXING" OR PHYSICAL SURVEILLANCE that may result from users deducing your location based on your audio content and the 100km visibility radius.

 

3.2. Data Collection Limitations

NIMU collects precise location data solely for the operational purpose of the "Proximity Protocol." We do not sell live tracking data to third-party data brokers. However, this data is subject to disclosure to law enforcement under Article VI.

 

ARTICLE IV: COMMERCIAL MODULES AND FINANCIAL TERMS

4.1. The Payment Processor (Stripe)

NIMU is NOT a bank, money transmitter, or financial institution. All financial transactions are processed via Stripe, Inc. By making a purchase ("For Sale" listing, "Ads" subscription, or "Visual GIFs"), you agree to be bound by Stripe’s Connected Account Agreement. NIMU assumes NO LIABILITY for transaction failures, chargebacks, or data breaches occurring within the Stripe environment.

 

4.2. "For Sale" Marketplace Disclaimer

Regarding the Peer-to-Peer (P2P) audio classifieds: (a) Caveat Emptor (Buyer Beware): NIMU is not a party to any transaction between users. (b) We do not verify the existence, quality, safety, or legality of items advertised. (c) NO REFUNDS: Fees paid to NIMU for listing an item are for the service of hosting the audio file, not for the success of the sale. Once the audio is uploaded, the service is rendered.

 

4.3. Subscription Terms (Ads/GIFs)

Subscriptions for commercial visibility are recurring. Cancellation must be performed 24 hours prior to the renewal date. No prorated refunds are issued for partial months upon cancellation or account termination due to policy violations.

 

ARTICLE V: CODE OF CONDUCT

Violation of this Article triggers immediate termination of the license (Ban), forfeiture of all account funds/subscriptions, and potential civil/criminal referral.

 

YOU ARE STRICTLY PROHIBITED FROM UPLOADING:

 

Regulated Goods: Firearms, ammunition, explosives, precursors, narcotics (including cannabis, regardless of local legality), or pharmaceuticals.

 

CSAM (Child Sexual Abuse Material): Any content depicting minors in a sexualized manner. NIMU AUTOMATICALLY REPORTS SUCH CONTENT TO THE NCMEC (USA) AND RELEVANT INTERPOL AUTHORITIES.

 

Hate Speech & Doxxing: Content promoting violence based on race, ethnicity, religion, or orientation, or content revealing private information of others.

 

IP Infringement: Copyrighted music, backing tracks, or audio for which you do not hold a license.

 

ARTICLE VI: LAW ENFORCEMENT COOPERATION

Notwithstanding any privacy policy, NIMU reserves the right to disclose User identity, GPS logs, IP addresses, and device IDs to government authorities if we have a good faith belief that such disclosure is reasonably necessary to: (a) Satisfy any applicable law, regulation, legal process, or governmental request (including subpoenas from non-US jurisdictions). (b) Detect, prevent, or otherwise address fraud, security, or technical issues. (c) Protect against harm to the rights, property, or safety of NIMU, its users, or the public.

 

ARTICLE VII: INTELLECTUAL PROPERTY AND LICENSE GRANT

7.1. Your Content

You retain ownership of your UGC. However, by uploading, you grant NIMU a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and perform the content in connection with the Service.

 

7.2. DMCA/Copyright Compliance

NIMU complies with the Digital Millennium Copyright Act. We will remove infringing content upon receipt of a valid takedown notice. Repeat infringers will be permanently banned.

 

ARTICLE VIII: DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS.

 

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR THAT GPS DATA WILL BE ACCURATE.

 

ARTICLE IX: LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

 

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

 

DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL.

 

PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING FROM "REAL WORLD" INTERACTIONS FACILITATED BY THE APP.

 

ANY CONTENT POSTED BY THIRD PARTIES (INCLUDING DEFAMATORY OR OFFENSIVE AUDIO).

 

LIABILITY CAP: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

 

ARTICLE X: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) Your use of and access to the Service. (b) Your violation of any term of this Agreement. (c) Your violation of any third-party right, including copyright, property, or privacy rights. (d) Any claim that your Content caused damage to a third party.

 

ARTICLE XI: DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

11.1. Mandatory Arbitration

ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.

 

11.2. Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

11.3. Venue

For any legal action outside of arbitration, you agree to submit to the personal jurisdiction of the courts located within [INSERT YOUR STATE/CITY OF INCORPORATION], United States.

 

ARTICLE XII: INTERNATIONAL PROVISIONS (LATAM & CANADA)

12.1. Canada

If you are a resident of Canada, you waive any rights under the Consumer Protection Act to the extent permitted by law. You agree que English es la lengua gobernante de este contrato.

 

12.2. Latin America (Civil Law Context)

If you are accessing the service from Mexico, Brazil, Argentina, Colombia, or any other Latin American jurisdiction: (a) You expressly waive the jurisdiction of your local domicile and agree that this relationship is commercial in nature, governed primarily by US Law or the international principles of merchant law (Lex Mercatoria). (b) Mexico: You expressly waive the provisions of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) regarding jurisdiction, accepting the arbitration clause in Article XI. (c) Brazil: You acknowledge that while the Marco Civil da Internet applies to data usage, the limitation of liability regarding third-party content is accepted as a fundamental condition of the gratuitous or low-cost nature of the service.

 

ARTICLE XIII: TERMINATION

The Company reserves the right to terminate your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. Accounts terminated for policy violations (e.g., Hate Speech, Illegal Sales) are ineligible for any refund of prepaid subscription fees.

 

BY CLICKING "I AGREE," "SIGN UP," OR BY ACCESSING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.`}