Effective date: September 1, 2026 · Last updated: September 1, 2026

These Terms & Conditions govern the Nyan Gear mobile app. Your purchases and use of nyangear.com are governed by our separate store Terms of Service. Please review these App Terms with a qualified attorney before relying on them.

1. Agreement to these Terms

These Terms & Conditions ("Terms") are a binding legal agreement between you ("you," "user," "rider") and Nyan Gear LLC, a Colorado limited liability company ("Nyan Gear," "we," "us," "our"), governing your use of the Nyan Gear mobile application, the software it contains, and all related features and services (together, the "App" or "Service").

By tapping "I Agree," creating an account, or otherwise using the App, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App.

The App works with Nyan Gear LED hardware (for example, the LED backpack and LED leg bag) (each, a "Device"). The Device is sold separately and is covered by its own limited warranty (see Section 12). These Terms govern the App; they are not the terms of sale for any Device.

2. Eligibility, minors, and children under 13

The App is intended for users who are 13 years of age or older. By using the App you represent and warrant that you are at least 13.

If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and permits your use of the App. A parent or guardian who permits a minor to use the App agrees to these Terms for that minor and is responsible for the minor's activity, including any purchases and any content the minor submits.

Children under 13. The App is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13. If we learn that a user is under 13, we will suspend or delete that account and associated data.

The App is offered from the United States. We make no representation that the App is appropriate or available for use outside the United States, and you are responsible for complying with your local laws.

3. Your account

Some features require you to create an account with an email address and password, and you must verify your email before your account becomes active. You agree to: (a) provide accurate, current information; (b) keep your password secure; (c) be responsible for all activity under your account; and (d) notify us at app@nyangear.com of any unauthorized use. Your public username is visible to other users. You may not choose a username that impersonates another person or brand, implies you are affiliated with or speak for Nyan Gear, or is offensive; we filter usernames and may reclaim, change, or reject usernames that violate these Terms. You are responsible for one account; do not share or transfer it without our consent.

4. The App and what it does

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, for your own personal, non-commercial use with your Nyan Gear Device.

The App's features may include: pairing with and controlling your Device over Bluetooth; displaying images, GIFs, text, drawings, and animations on the Device's LED panel; creating playlists and sequences; a Drive Mode that shows your GPS speed and a hard-deceleration brake alert on the panel; a Live / Now-Playing display that shows your currently-playing music; AI art generation; a community feed for sharing and discovering content; optional push notifications; and a Backpack Lock for pairing security.

We are continually improving the App and may add, change, suspend, or remove features at any time. Some features require an internet connection, an account, a compatible Device, and/or a paid subscription or credits. Certain features are Device- or platform-specific.

5. Drive Mode, riding, and safety — please read carefully

Drive Mode is a novelty display. It is NOT a safety device, a speedometer, a navigation aid, or an emergency system, and you must not rely on it as one.

• Speed is approximate. Drive Mode estimates speed from your phone's GPS, which typically updates about once per second and can lag real speed. The App may blend GPS with your phone's motion sensors to smooth the number, but the result is still an estimate. The displayed number may be inaccurate, delayed, or unavailable, and must never be relied upon to judge safe or lawful speed.
• The brake alert is not reliable and is not a warning system. The flashing deceleration indicator may not trigger, may trigger late, or may trigger when not appropriate. It does not detect, prevent, or warn of collisions, and other road users may not see it.
• No crash, fall, or emergency detection. The App does not detect crashes or falls, does not contact emergency services or any contact on your behalf, and provides no SOS or emergency functionality of any kind.
• Do not operate your phone or the App while riding or driving. Set up the App before you ride. Keep your attention on the road.
• Obey all laws and use protective gear. You are solely responsible for riding safely and complying with all traffic, licensing, equipment, and LED/lighting laws that apply to you.
• Background operation. If you enable background Drive Mode, the App uses "Always" location and Bluetooth while your phone is locked, which increases battery drain.
• Assumption of risk. Riding and operating a motorcycle or other vehicle is inherently dangerous. You assume all risks arising from your use of the App, the Device, and Drive Mode, and you agree that Nyan Gear is not responsible for any accident, injury, death, citation, or damage related to your riding or your use of these features.

6. Subscriptions, in-app purchases, and auto-renewal

The App offers an optional paid membership, Nyan+, and consumable AI credit packs. Prices are shown in the App and may vary by region and over time.

Nyan+ unlocks certain features — currently Live Speed (the Drive Mode speed display), the Brake Display, Live Music (the Now-Playing display), and the ability to set a new Backpack Lock password — and includes a monthly allotment of 20 AI credits.

Paid features are for fun, not for reliance. The Nyan+ features — including Live Speed, the Brake Display, and Live Music — are novelty entertainment features. Like the rest of the App, they are not guaranteed to be accurate, complete, current, or available; the speed shown may be wrong or delayed, the brake flash may miss or misfire, and the song shown may be incorrect. Paying for Nyan+ does not make any feature accurate, reliable, or fit for any particular purpose, and you must not rely on any feature for safety, navigation, legal, or other important decisions. See Sections 5 and 13.

Nyan+ is offered in three forms: Monthly — $6.99/month, auto-renewing; Annual — $69.99/year, auto-renewing; and Lifetime — a one-time purchase of $119.99 that does not auto-renew and does not expire.

AI credit packs are one-time consumable purchases (10 credits for $1.99, 25 for $3.99, or 50 for $6.99) used for AI generation (1 credit = 1 generation).

Auto-renewal (Monthly and Annual plans): These plans are auto-renewing subscriptions. Payment is charged to your Apple App Store or Google Play account at confirmation of purchase, processed through our payments provider (RevenueCat) and the app stores. Your subscription automatically renews at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period. Manage or cancel anytime in your App Store / Google Play settings; deleting the App does not cancel your subscription.

Lifetime Nyan+: a single, non-recurring purchase. It does not auto-renew, there is nothing to cancel, and it grants Nyan+ access for as long as we offer the App and the Lifetime benefit. It is non-refundable except where required by the app store's policies or by law.

Credits: Included monthly AI credits (currently 20) refresh at the start of each calendar month, do not roll over, and have no cash value; included credits are used before purchased credits. Separately purchased credit packs do not expire, are non-transferable, and have no cash value. New users receive one (1) free AI credit to start; after that, AI generation requires purchased credit packs or an active Nyan+ allotment.

Refunds: All sales are final and non-refundable except where required by law or by the applicable app store's policies. Refund requests for App Store / Google Play purchases are handled by Apple or Google. If a subscription is refunded, your Nyan+ access ends immediately. Credits already added to your balance may remain and are not guaranteed to be reversed; we may adjust or remove improperly obtained credits.

Price and plan changes. We may change subscription prices, credit prices, plan features, or credit allotments. Changes to a recurring price will not apply to your current paid period and take effect on your next renewal, with notice as required by the app stores or applicable law. Continued use after a change takes effect means you accept it. A portion of each digital purchase is retained by Apple or Google.

Nyan+ is not the Ride+ membership. Nyan+ is a mobile-app subscription billed through the app stores. It is separate from the Nyan Gear Ride+ membership sold on nyangear.com, which is a different product with its own benefits, billing, and cancellation terms. Any Device-related warranty or extended-warranty subscription, if offered, is likewise sold and governed separately through nyangear.com and is not part of these App Terms.

7. AI-generated content

The App may let you generate images and animations from text prompts using a third-party AI provider. AI generation consumes credits. You agree that: you will not submit prompts intended to create content that infringes intellectual property or is otherwise prohibited under Section 8, and we may block, refuse, or remove generations at our discretion; AI output is generated by a third-party model, is provided "as is," may be inaccurate or unexpected, may not be unique, and may be similar to output provided to others, and we make no guarantee of ownership, originality, or fitness; we may store, review, and moderate content you generate, including because it can be posted to the community feed; and credits are consumed when a generation is requested and are non-refundable.

8. User content, the community feed, and acceptable use

Your content. The App lets you upload, create, and display content ("User Content"). You may share content to a public community feed, where posts are submitted as animated GIF designs that other users can view, vote on, save, add to playlists, and load onto their own Device. When posting, you may flag content as sensitive, in which case it is shown blurred behind a tap-to-view gate.

Your responsibility & license. You are solely responsible for your User Content and represent that you own or have all necessary rights to it and that it does not violate these Terms or any law or third-party right. By submitting User Content, you grant Nyan Gear a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, distribute, moderate, adapt (for display on Devices), and otherwise use it to operate, provide, and promote the App and community feed. This license ends when you delete your User Content or account, except for content others have already saved and for reasonable backup/legal retention. You retain ownership of your User Content.

No tolerance for objectionable content or abusive behavior. You agree not to submit or transmit any content, or engage in conduct, that: is illegal, infringing, or violates anyone's rights; is sexual or pornographic, sexualizes minors, or is obscene; is hateful, harassing, threatening, bullying, or promotes violence or self-harm; depicts or encourages dangerous, illegal, or reckless activity; impersonates any person or entity, including Nyan Gear; is spam, a scam, malware, or a security exploit; or is otherwise objectionable.

Filtering, blocking, reporting, and enforcement. Content submitted to the community feed is reviewed before it becomes publicly visible; pending content is kept private until approved. You can report objectionable content or users in the App (for example, "Inappropriate" or "Spam") or by emailing app@nyangear.com. You can block another rider from within the App; blocking hides that rider's posts from you and can be undone. We will review reports, remove violating content, and may suspend, ban, or eject the responsible user; we aim to act on valid reports within 24 hours. We may — but are not obligated to — monitor, moderate, remove, or refuse any content for any reason, without notice.

Copyright / DMCA. If you believe content in the App infringes your copyright, email app@nyangear.com with: your contact information; identification of the copyrighted work; identification of the allegedly infringing content and where it appears; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your signature. We will respond to valid notices and may remove content and terminate repeat infringers.

9. Third-party services and content

The App integrates with third-party services, including Apple Music, Spotify (via a Last.fm now-playing bridge, Spotify's own API, and/or your phone's media session, depending on your platform), Last.fm, and others. Your use of those services is governed by their terms and privacy policies, not ours. We do not control and are not responsible for third-party services, their availability, or their content, and connecting them may require your own account and sharing information (such as your Last.fm username or a Spotify authorization) with them. Music, artist names, and artwork shown are the property of their respective owners; the "Now Playing" display is for personal use only.

10. Intellectual property

The App, and the software, designs, graphics, the "Nyan Gear" name and logos, our proprietary LED typeface(s) (such as our custom "Bold" panel font), and other materials we provide (excluding your User Content and third-party content) are owned by Nyan Gear or its licensors and are protected by intellectual-property laws. Except for the limited license in Section 4, we grant you no rights in them. You may not copy, modify, reverse-engineer, decompile, resell, or create derivative works of the App or its software, except to the extent that restriction is prohibited by law.

Third-party and open-source components. The App also renders certain third-party or open-source fonts and components under their own licenses (for example, a public-domain 8×8 bitmap font and a font table derived from Google's Roboto under the Apache License 2.0). Those components remain the property of their respective authors and are used under their respective licenses.

Feedback. If you send us ideas or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

11. Privacy

Our Privacy Policy explains what data we collect and how we use it — including account information; content you upload; Bluetooth, location (including background location for Drive Mode), motion, camera/photo, and music now-playing data; push tokens; AI prompts; support reports; and data processed by our service providers (including Supabase, our AI provider, RevenueCat and the app stores, Google Firebase, Shopify, Last.fm, and Spotify). Some information — your username, any name shown on your feed posts, and any Device or panel name you share — is visible to other users. By using the App you agree to our Privacy Policy.

12. The Device and hardware warranty

Nyan Gear Devices are covered by a separate limited hardware warranty (currently a 6-month limited warranty from the date of purchase, covering functional failure and excluding cosmetic-only damage), described at nyangear.com. That warranty is separate from these App Terms. These Terms do not warrant the Device. The App is software provided to control the Device and is covered by Section 13, not the hardware warranty.

13. Disclaimers

THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, accurate (including Drive Mode speed and any alerts), or compatible with your device, Device, or third-party services, or that content will be preserved or available. You use the App at your own risk. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NYAN GEAR AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR — WITHOUT LIMITING SECTION 5 — ANY PERSONAL INJURY, DEATH, ACCIDENT, CITATION, OR PROPERTY DAMAGE ARISING FROM YOUR RIDING OR YOUR USE OF THE APP, DRIVE MODE, OR ANY DEVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (b) US $100. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

You (and, for a minor, the parent or guardian who agreed to these Terms) will defend, indemnify, and hold harmless Nyan Gear and its owners, employees, and suppliers from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the App or a Device; (b) your User Content; (c) your violation of these Terms or any law or third-party right; or (d) your riding or operation of any vehicle.

16. Suspension and termination

We may suspend or terminate your access to the App or any feature at any time, with or without notice, including for violation of these Terms. You may stop using the App and delete your account at any time. Sections that by their nature should survive termination (including Sections 5, 7–10 and 13–19) will survive.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice and update the "Last updated" date. Your continued use of the App after changes take effect means you accept the updated Terms. If you do not agree, stop using the App.

18. Governing law and dispute resolution — arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

Governing law. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules, and by applicable U.S. federal law (including the Federal Arbitration Act).

Informal resolution first. Before starting an arbitration, you agree to email app@nyangear.com describing the dispute and give us 30 days to resolve it informally.

Binding arbitration. Except as noted below, you and Nyan Gear agree that any dispute arising out of or relating to these Terms or the App will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in Colorado, or by phone/video, or as the rules allow. The arbitrator decides all issues, except a court decides the enforceability of the class-action waiver below.

Class-action waiver. You and Nyan Gear agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of class proceeding.

Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive relief in court for intellectual-property or unauthorized-access claims.

30-day opt-out. You may opt out of this arbitration agreement by emailing app@nyangear.com within 30 days of first accepting these Terms, stating your name and that you opt out. If you opt out, disputes will be resolved in the state or federal courts located in Douglas County, Colorado, and you and Nyan Gear consent to their jurisdiction.

If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section still applies. Nothing in this Section deprives you of any non-waivable consumer protection provided by the law of your state or country of residence.

19. Apple App Store and Google Play additional terms

If you download the App from the Apple App Store, you acknowledge: these Terms are between you and Nyan Gear only, not Apple, and Apple is not responsible for the App or its content; your license is a non-transferable license to use the App on any Apple-branded device you own or control; Nyan Gear, not Apple, is solely responsible for the App and any support, and for addressing any claims relating to the App (including product-liability, legal/regulatory, and intellectual-property claims); if the App fails to conform to any applicable warranty, Apple may refund the App's purchase price (if any) and has no other warranty obligation to the maximum extent permitted by law; you represent that you are not located in a U.S.-embargoed or "terrorist-supporting" country and are not on any U.S. Government restricted-parties list; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. If you download the App from Google Play, your use is also subject to the Google Play Terms of Service, and similar third-party-store provisions apply.

20. General

These Terms and the Privacy Policy are the entire agreement between you and Nyan Gear about the App and supersede prior agreements. Order of precedence: if these App Terms conflict with our store Terms of Service regarding your use of the App, these App Terms control for the App. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them. There are no third-party beneficiaries except as stated in Section 19. Headings are for convenience only.

Electronic communications. You consent to receive notices, agreements, and other communications from us electronically — in the App or by email — and you agree that these satisfy any legal requirement that such communications be in writing.

Time limit on claims. To the extent permitted by law, any claim arising out of or relating to these Terms or the App must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, outages, network or third-party-service failures, or governmental action.

21. Contact

Nyan Gear LLC
Email: app@nyangear.com
Web: nyangear.com