Terms of Service

The short version. Nyvo helps you find events, community and local information run by people from your community. When you sign up, you agree to these Terms of Service, our Acceptable Use Policy and our Privacy Policy. If you sell Tickets to an Event, you also agree to the Organizer Agreement. We're a booking and payment facilitator — for ticketed events, the Organizer (not Nyvo) is the merchant of record and is responsible for the Event. Nothing in these Terms takes away your non‑excludable rights under the Australian Consumer Law.

Capitalised terms used in this document have the meanings given in our Definitions.

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1. About these Terms

1.1 These Terms of Service (the Terms) are a contract between Nyvo (ABN 25 545 382 512) and you. They govern your access to and use of the Service.

1.2 The Terms incorporate by reference:

• our Privacy Policy;
• our Acceptable Use Policy;
• if you are an Organizer, our Organizer Agreement;
• our Definitions; and
• any additional terms we present to you for a specific feature (for example, a promotion's terms).

If there is any conflict between this document and another Document, the more specific document prevails for the matter it governs. The Organizer Agreement prevails over these Terms for matters that relate specifically to listing or selling Events.

1.3 Acceptance. You accept these Terms by creating an Account, by signing in, or by otherwise using the Service. If you do not agree, do not use the Service.

1.4 Changes. We may update these Terms. For material changes, we will give you at least 30 days' notice by email, in‑app message or a notice on the Service before they take effect. For changes that are minor, required by law, or necessary to address a security risk, we may make the change with immediate effect and tell you as soon as practicable. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, you may stop using the Service and close your Account.

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2. Who can use Nyvo

2.1 Minimum age. You must be at least 18 years old, and have the legal capacity to enter into a contract under Australian law (or the law of your country of residence), to create an Account, use the Service, purchase a Ticket, list an Event, or otherwise transact through the Service.

2.2 One Account per person. Accounts are personal and not transferable. You must provide accurate information when you sign up and keep it up to date.

2.3 Authentication. You sign in to the Service using Firebase Authentication, which may include email and password, Google Sign‑In or Sign in with Apple. You are responsible for keeping your sign‑in credentials and the devices you use to access the Service secure. Notify us immediately at hello@nyvo.com.au if you suspect unauthorised access to your Account.

2.4 Banned users. You may not access the Service if we have suspended or terminated your Account, or if you are a person we are prohibited from providing services to under applicable sanctions or export laws.

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3. Your Account and your information

3.1 You must provide truthful information when you create or update your Account. Some information is required to operate the Service (for example, your name, email, country of origin, country of residence and city help us place you in the right Community).

3.2 We collect your date of birth (birthday) to verify the minimum age in clause 2.1 and to power optional birthday‑related features. We handle your date of birth in accordance with our Privacy Policy.

3.3 You can update or remove most Account information from your profile settings in the app, or by contacting hello@nyvo.com.au.

3.4 Deletion. You may close your Account at any time from your profile settings or by emailing hello@nyvo.com.au. When you close your Account, we will deal with your Personal Information and your Content as described in our Privacy Policy. Some information must be retained for legal, accounting, safety or audit reasons, even after your Account is closed.

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4. Content you post

4.1 Your Content stays yours. You retain all rights you already have in the Content you post on the Service. You do not transfer ownership to Nyvo.

4.2 Licence to Nyvo. You grant Nyvo a worldwide, non‑exclusive, royalty‑free, sublicensable and transferable licence to host, store, reproduce, modify (for technical purposes such as resizing), create derivative works of (for example, link previews and thumbnails), publicly display, publicly perform, communicate and distribute your Content, solely for the purposes of operating, providing, securing, improving and promoting the Service. This licence ends when you remove the Content or close your Account, except:

• to the extent the Content has been shared with other Users who have already received it (we cannot retract their copy);
• to the extent we need to retain it for legal, safety, audit, tax or dispute‑resolution purposes; or
• in the form of anonymised or aggregated data that no longer identifies you.

4.3 Your warranties. When you post Content, you warrant that:

• you own the Content or have all rights, licences, consents and permissions necessary to grant the licence in clause 4.2;
• the Content does not infringe anyone's intellectual property, privacy, publicity or other rights;
• the Content is not unlawful, defamatory, misleading or deceptive; and
• the Content complies with our Acceptable Use Policy.

4.4 Visibility. Posts and Events are visible to Users based on the audience scope you choose:

• Community — visible only to Users in your Community (your origin country × country of residence pairing); or
• Open — visible to Users in other Communities that share your country of residence as well.

We may change how the audience scope is presented or labelled in the apps from time to time. Some content (for example, business directory listings) is publicly visible.

4.5 Moderation. All posts and most Content go through a moderation pipeline before they appear publicly:

• text Content is screened for profanity and certain prohibited patterns. Content that fails this screen is auto‑rejected and the User notified;
• images are screened using Google Cloud Vision SafeSearch. Images flagged as adult, violent or otherwise unsafe are deleted and the User notified;
• some Content (for example, posts using our PENDING workflow) is reviewed by a human moderator before publication.

We publish our content‑moderation service levels (response times to reports and appeals) in the Acceptable Use Policy. Where the law requires faster action, we will act within that shorter time.

4.6 Removal. We may remove, restrict, demote, blur, label or refuse to publish any Content if we reasonably believe it breaches these Terms, the Acceptable Use Policy, our Privacy Policy or applicable law, if we are notified that it does, or if we are required to do so by a regulator, court or law‑enforcement agency. Where we are permitted to, we will tell you the reason and how to appeal.

4.7 Direct messages. Nyvo lets you send private 1:1 messages to other Users. Direct messages are governed by these Terms and the Acceptable Use Policy in the same way as any other Content. In particular:

• you must not use direct messages to harass, threaten, defraud or stalk another User, to send spam or unsolicited commercial offers, or to share anything prohibited by the Acceptable Use Policy;
• the first message you send to someone who does not already follow you arrives as a message request that they can accept, ignore or decline, and no notification is shown to them until they reply; you cannot message a User who has blocked you;
• you can block any User (which stops them contacting you, hides you from them, and declines any pending request from them) and report any message to us;
• direct messages are private between the participants and are not end‑to‑end encrypted. We do not read your messages in the ordinary course, but we can access the content of a reported conversation in order to review it, and we may remove Content, suspend or terminate Accounts, and cooperate with authorities under clause 9 and the Acceptable Use Policy. How we handle message data is described in the Privacy Policy.

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5. Event Tickets

This section is the most important if you sell or buy Tickets. Please read it carefully.

5.1 What Nyvo does and does not do

(a) Nyvo provides a platform that lets Organizers list Events and sell Tickets, and lets Buyers find and buy those Tickets. Payments are processed by Stripe through Stripe Connect Express.

(b) For every paid Event, the Organizer is the merchant of record. The contract of sale for each Ticket is between the Buyer and the Organizer. Nyvo is not a party to that contract, is not the seller of the Ticket, and is not the supplier of the Event.

(c) Nyvo's role is limited to providing the listing, booking and payment‑facilitation features, issuing the QR‑coded Ticket on the Organizer's behalf, and collecting the Platform Fee.

(d) Nyvo does not warrant that any Event will take place, that the venue will be available, that the Event will be of any particular quality, or that the Organizer will perform their obligations. This does not exclude rights you have under the ACL that cannot be excluded.

5.2 Pricing and Platform Fee

(a) The Ticket price displayed in the app is the price set by the Organizer.

(b) The Platform Fee is added to the displayed Ticket price (pass‑to‑buyer model). As at the date of these Terms, the Platform Fee is 4.5% of the Ticket price + A$0.50 per Ticket. The current value of the Platform Fee is shown in the checkout screen before you pay. We may change the Platform Fee from time to time; the version in force is the one shown at the moment of purchase.

(c) Stripe processing fees may apply and are passed through under Stripe's terms.

(d) All prices are in Australian dollars (AUD) unless the app displays a different currency at checkout.

5.3 Payment, issuance and the QR code

(a) When you complete a Ticket purchase, Stripe charges your payment method for the Ticket price plus the Platform Fee, multiplied by the number of Tickets. Stripe routes the Ticket price to the Organizer's Stripe Connect Express account. Nyvo retains the Platform Fee.

(b) Once payment is confirmed, the Service issues each Ticket and makes its QR code available in your Account. The QR code is signed by Nyvo and acts as a bearer instrument at the door — anyone who presents a valid, un‑used QR code may be admitted. You must keep your QR code private; we are not responsible for losses caused by you sharing it.

(c) Tickets are linked to your Account. Names and profile pictures of Ticket holders may be shown to the Organizer at the check‑in screen so they can verify entry. No other Personal Information about a Buyer is shared with the Organizer by default. See our Privacy Policy for full details.

5.4 Refunds and cancellations

(a) Your ACL rights. Nothing in these Terms or in an Organizer's refund policy excludes, restricts or modifies any consumer guarantee, right or remedy that applies under the ACL or other applicable consumer protection law, where it cannot lawfully be excluded.

(b) Organizer policy applies first. Each Organizer sets their own refund policy for their Event, which must be displayed in the Event description. The Organizer's policy applies, subject always to clause 5.4(a).

(c) Cancelled, rescheduled or materially changed Events. If an Event is cancelled by the Organizer, is rescheduled to a date or time you cannot reasonably attend, or is materially changed (for example, a different venue, a different headline act, or a substantially different format), you are entitled to a refund of the Ticket price. We will facilitate that refund through Stripe at the Organizer's instruction or, where the Organizer fails to act and the law requires it, on our own initiative.

(d) Platform Fee. The Platform Fee is non‑refundable except where:

• it is required by law (including the ACL) to be refunded; or
• Nyvo elects to waive it (for example, where an Event is cancelled by the Organizer — our standard practice is to waive the Platform Fee in those cases).

(e) How to request a refund. Contact the Organizer first using the contact details in the Event listing. If that is not successful, contact Nyvo Support at hello@nyvo.com.au and we will help mediate.

(f) Chargebacks. Disputing a charge with your bank when you have not first contacted the Organizer or Nyvo Support may delay resolution. Repeated or fraudulent chargebacks are grounds for Account suspension under clause 9.

5.5 Ticket transfer and resale

(a) Tickets are not transferable unless the Organizer explicitly permits transfers in the Event listing.

(b) You must not advertise or sell a Ticket for more than its face value (including the Platform Fee actually paid). This is consistent with State‑based anti‑scalping legislation, including the Major Events Act 2009 (NSW) and the Major Sporting Events Act 2009 (Vic), which can apply additional restrictions.

(c) Breaching clauses 5.5(a) or 5.5(b) may result in the Ticket being voided without refund, and your Account being suspended.

5.6 Free Events and RSVPs

For free Events, no Platform Fee or Ticket price applies. RSVPs are informational and do not create a contract. Organizers may set capacity limits and may refuse entry consistent with the law.

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6. Other listings (Businesses, Housing, Jobs)

6.1 The Service includes directories of community businesses, housing listings and job listings created by other Users. Nyvo does not verify the accuracy, legality, quality, safety or suitability of those listings beyond basic moderation. We are not a party to any transaction or arrangement that arises from a directory listing.

6.2 You deal with the lister directly. You should make your own enquiries before relying on a listing, and comply with the laws that apply to the relevant transaction (for example, residential tenancy law, employment law, food safety, alcohol licensing).

6.3 If you list a Business, Housing or Job listing, you warrant that you have the right to do so and that the listing is accurate, lawful and not misleading.

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6A. Informational and educational content

6A.1 Some features of the Service provide general informational or educational content, including English‑language tips and quizzes. This content is provided for general information and practice only. It may be generated or assisted by automated tools (including AI), and it may not always be accurate or complete.

6A.2 This content is not accredited instruction, a course of education or training, or professional, legal, migration or examination advice. We do not guarantee any particular learning outcome, test result or visa outcome. Verify anything important with an appropriate official source or a qualified professional.

6A.3 Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded (see clause 8.1).

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7. Payments and tax

7.1 Stripe is the payment processor for all paid transactions on the Service. Stripe's own terms (available at https://stripe.com/au/legal) govern Stripe's services. By making a payment, you agree to Stripe's terms.

7.2 Nyvo does not see or store your full card number. Stripe handles your card data in accordance with PCI DSS.

7.3 Disputes about a payment should be raised first with the Organizer, then with Nyvo Support, and then (if necessary) with Stripe or your bank.

7.4 Tax. Each Organizer is responsible for their own tax obligations on Ticket sales (including GST, income tax, withholding and any required reporting). Where Nyvo's Platform Fee is subject to GST, Nyvo will issue a tax invoice to the Organizer for the Platform Fee on request and to the extent required by law.

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8. Consumer guarantees and liability

8.1 Australian Consumer Law

(a) Our supply of the Service to consumers in Australia comes with guarantees that cannot be excluded under the ACL. For major failures, you are entitled to a refund or replacement and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services re‑supplied or the failure remedied, and to compensation, if the services fail to be of acceptable quality.

(b) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other applicable consumer protection law, where it cannot lawfully be excluded.

8.2 Service "as available"

To the maximum extent permitted by law and subject to clause 8.1, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error‑free, secure against every kind of attack, or that data will never be lost.

8.3 Liability

(a) To the maximum extent permitted by law and subject to clause 8.1:

• (Exclusions) Nyvo is not liable for any indirect, consequential, special, incidental, punitive or exemplary loss, or for loss of profits, revenue, business opportunity, goodwill, anticipated savings or data, however caused;
• (Cap) Nyvo's total aggregate liability to you, however caused, is limited to the greater of (i) the total amount of Platform Fees and other amounts you have paid to Nyvo in the 12 months immediately before the event giving rise to the liability, and (ii) A$100.

(b) Where the ACL applies and a non‑excludable guarantee has not been met, our liability is limited (where lawful to do so) to, at our option: re‑supplying the relevant services, paying the cost of having the services re‑supplied, or refunding the amount you paid to Nyvo for the relevant transaction.

8.4 Your indemnity

You indemnify Nyvo against any loss, damage, cost or expense (including reasonable legal fees) we suffer that arises from:

• your breach of these Terms or any other Document;
• your Content, including any third‑party claim that your Content infringes their rights;
• your use of the Service in breach of the law; or
• your conduct toward another User or an Organizer.

This clause survives termination of your Account.

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9. Suspension and termination

9.1 We may suspend, restrict, demote or terminate your Account, or remove your Content, if:

• you breach these Terms, the Acceptable Use Policy or the Organizer Agreement;
• we reasonably believe your conduct exposes us, other Users or third parties to legal, safety or security risk;
• we are required to do so by law or by a competent authority;
• you have failed to pay amounts owing to Nyvo or have generated excessive chargebacks; or
• Stripe suspends or restricts your Stripe Connect Express account in a way that prevents you from operating on the Service.

9.2 Auto‑suspension. Our reports and moderation system may automatically place an Account on a temporary suspension when the volume of substantiated reports against that Account crosses a published threshold. Current thresholds are described in the Acceptable Use Policy.

9.3 Notice and appeal. Where we are not prevented by law, we will tell you the reason for any suspension or termination and how to appeal. You can lodge an appeal by emailing hello@nyvo.com.au; we aim to respond within 7 days.

9.4 Effect of termination. When your Account is terminated:

• you lose access to the Service;
• your Content may be removed or anonymised in accordance with the Privacy Policy;
• Tickets you have already paid for remain valid, unless we tell you otherwise for fraud or safety reasons; and
• the provisions of these Terms that are by their nature intended to survive (including clauses 4.2 (residual licence), 7, 8 and 11) continue to apply.

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10. Notices and communications

10.1 We may send you notices about the Service by email, push notification, in‑app message or by posting them on the Service. It is your responsibility to keep your contact details up to date.

10.2 You can contact us at:

• General and legal: hello@nyvo.com.au
• Privacy: hello@nyvo.com.au
• Support: hello@nyvo.com.au
• Postal: NSW 2049, Australia

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11. Disputes and governing law

11.1 Governing law. These Terms are governed by the laws in force in the State of New South Wales, Australia, and the laws of the Commonwealth of Australia that apply there.

11.2 Forum. Subject to clause 11.3, the parties submit to the non‑exclusive jurisdiction of the courts of New South Wales.

11.3 Talk to us first. Before starting court proceedings, both parties agree to try to resolve the dispute in good faith for at least 30 days. To start, send a written notice of the dispute to hello@nyvo.com.au describing the issue and the outcome you seek. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief, or from making a complaint to a regulator (including the Office of the Australian Information Commissioner (OAIC) or, for Users resident in Brazil, the Autoridade Nacional de Proteção de Dados (ANPD)) where the law gives that right.

11.4 Class actions. To the extent permitted by law, you and Nyvo each agree that disputes will be resolved on an individual basis and not as part of a class, consolidated or representative action.

11.5 LGPD carve‑out. Nothing in this clause 11 limits the right of a User resident in Brazil to bring or pursue a complaint under the LGPD or under Brazilian consumer protection law in the place where they are resident, where that right is non‑excludable.

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12. Other terms

12.1 Severability. If any part of these Terms is unenforceable, the rest of the Terms continue to apply.

12.2 No waiver. A delay or failure by Nyvo to enforce a right is not a waiver of that right.

12.3 Assignment. You must not assign or transfer your rights or obligations under these Terms without our written consent. Nyvo may assign or novate these Terms to a related body corporate, or to a buyer of the Nyvo business, on notice to you.

12.4 Force majeure. Neither party is liable for delay or failure caused by events outside their reasonable control.

12.5 Entire agreement. These Terms, the other Documents and any feature‑specific terms make up the entire agreement between you and Nyvo about the Service. They replace any earlier terms.

12.6 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Nyvo.

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