Terms of Service & Terms of Sale

Last updated: September 22, 2025

These Terms of Service (“Website Terms”) and Terms of Sale (“Terms of Sale”) are a legally binding agreement between you and NextGen Mobile Inc. (“NextGen”, “we”). By accessing our website or placing an order for the Seeker device or accessories (the “Products”), you agree to these Terms.

1) Eligibility & Account

• You must be of legal age to form a binding contract in your jurisdiction.
• You are responsible for your account activity and for keeping credentials secure.

2) Orders, Pricing, and Taxes

• Prices are shown in USD unless stated otherwise and exclude taxes/duties unless noted.
• We may refuse, cancel, or limit quantities at our discretion (e.g., suspected fraud or resale).
• Estimated taxes, duties, and fees (if any) are shown at checkout or charged by customs on delivery.

3) Payments

We accept supported card payments and certain crypto payments (e.g., USDT) via third‑party processors. You authorize us and our payment partners to charge your selected method for the total order amount. Crypto transactions are irreversible by design; ensure you send the correct amount to the correct network.

4) Shipping, Risk of Loss, and Delivery

We generally dispatch orders within 1–3 business days after payment confirmation. Title and risk of loss pass to you upon delivery. Delivery times are estimates and may vary by destination and customs processing. See our Shipping Policy for details.

5) Returns & Refunds

You may request a return within 30 days of delivery subject to the conditions in our Return Policy. Refunds are issued to the original payment method after inspection. Shipping fees and certain charges may be non‑refundable.

6) Limited Warranty

Products include a 12‑month limited hardware warranty against defects in materials and workmanship. Remedies are repair, replacement, or refund at our discretion. See our Warranty Policy for full terms.

7) Software, Updates, and Services

Certain features (e.g., Secure Enclave, Digital ID, App Store 2.0, Genesis Pass) may require software updates, compatible services, and third‑party integrations. Availability may vary by region and provider. We may add, change, or discontinue features with notice where required.

8) Acceptable Use

• No unlawful, infringing, harmful, or abusive activity.
• No reverse engineering except to the extent permitted by law.
• No circumvention of security or attempt to access others’ data or wallets.

9) Intellectual Property

The Site, Product designs, software, and content are protected by IP laws. You receive a limited, revocable, non‑transferable license to use the Site and firmware for their intended purpose. Third‑party trademarks belong to their respective owners and do not imply affiliation.

10) Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTGEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

12) Dispute Resolution; Arbitration

Where enforceable, any dispute arising from these Terms or any Product purchase will be resolved through BINDING ARBITRATION on an individual basis, and not in a class or representative action. If arbitration is not permitted in your jurisdiction, you agree to the exclusive jurisdiction of the courts located in our principal place of business.

13) Governing Law

These Terms are governed by the laws of the jurisdiction of our principal place of business, without regard to conflict of law rules.

14) Changes

We may update these Terms from time to time. Continued use of the Site or further purchases after changes take effect constitutes acceptance.

15) Contact

Questions? Email [email protected].