Terms of Service

Effective Date: March 5, 2026  ·  Last Updated: May 5, 2026

1. Agreement to Terms

By creating an account or using the Nykto VPN application (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

These Terms form a binding legal agreement between you and Nyktora Group, LLC (“Nykto,” “we,” “us,” “our”). We reserve the right to update these Terms. Material changes will be communicated by email before taking effect.

2. Service Description

Nykto VPN is a Virtual Private Network service that encrypts your internet connection and routes it through a WireGuard relay. Subscribers choose between two pricing plans, each of which grants access to a different combination of relay infrastructure:

• Managed: Access to the entire Nyktora-operated relay fleet AND the option to also bring your own server at no extra charge. Nyktora operates the relays; you connect to whichever exit you pick from the available list.
• Bring Your Own Server (BYOS): Access to a relay you operate yourself plus access to a free pool of Nyktora-operated regions designated for BYOS subscribers (the specific regions in the free pool may change at our discretion; you can see the current list inside the app's server picker). Under BYOS, when you use your own VM, the entire Activity Zone (WireGuard, DNS resolver) runs on infrastructure you control — we have no visibility into your traffic even at the infrastructure level. You provide the virtual machine (any Linux VPS), and the Nykto app deploys and manages the relay software on your VM. You bear bandwidth costs for your own VPS.

The Service is intended to enhance your privacy and security online.

Important limitations you must understand:

• Nykto VPN is a privacy tool, not a guarantee of anonymity. While we engineer the system to minimise what we can know about you, determined adversaries with sufficient resources and legal authority may use other means to identify users outside of what we control.
• A VPN does not protect you from malware, phishing attacks, insecure websites (non-HTTPS), or actions taken on the device itself.
• A VPN does not make illegal activity legal. We do not condone illegal use.
• Connection speeds depend on your local internet connection, server load, and physical distance to the server. We do not guarantee specific speeds.
• Service availability is provided on a best-effort basis. We do not guarantee 100% uptime.

3. BYOS Server Responsibilities

This section applies only to subscribers on a BYOS plan. Under BYOS, you are the operator of the virtual private server (“VPS”) that runs the Nykto relay software. Because we do not own the underlying infrastructure, certain responsibilities fall on you rather than us.

3.1 Installer Impact

The Nykto BYOS installer makes system-wide changes to the VPS. By running it, you acknowledge and consent to the following modifications:

• Installation of WireGuard, wstunnel, Unbound, nginx, and the Nykto relay agent.
• Mounting /var/log as tmpfs (RAM-backed). All existing contents of /var/log are discarded immediately and wiped on every reboot.
• Replacement of iptables and ip6tables firewall rules with a default-DROP policy.
• Disabling of the systemd-resolved DNS stub listener and rewriting of /etc/resolv.conf.
• Stopping, disabling, and masking of rsyslog, and reconfiguring systemd-journald to volatile (RAM-only) storage.
• Application of a kernel-hardening sysctl profile (/etc/sysctl.d/99-nykto.conf).
• Creation of a nykto system user and generation of a WireGuard private key on the VPS.

The installer does not ask for confirmation before making these changes — by invoking it you provide that consent. You should run the installer only on a VPS that is dedicated to Nykto relay use (see §3.3). If the VPS contains any other applications, data, or configuration you care about, you are solely responsible for backing them up before installation.

3.2 No Liability for Data Loss or VPS State

We are not responsible for any loss of data, configuration, uptime, or functionality on your VPS, including but not limited to:

• Loss of files, logs, databases, or application state caused by the installer, the relay agent’s self-updates, the uninstall script, or any subsequent re-install.
• Service interruption caused by your cloud provider (suspension, termination, migration, IP rotation, quota enforcement, or billing lapse).
• Cloud provider charges you incur through use of the VPS (compute, bandwidth, storage, egress, backup, support plans).
• Third-party abuse complaints directed at your VPS’s IP address arising from your traffic or the traffic of any other device connected through the relay.
• Security incidents affecting the VPS caused by software, users, or services you install on it in addition to the Nykto relay.
• Any harm resulting from the loss, theft, or compromise of the WireGuard private key or any other cryptographic material generated on or stored on the VPS.
• Residual state left on the VPS after running the uninstall script (tmpfs mount entries, package dependencies, journal overrides, firewall rules on ip6tables) that you are responsible for reviewing if you intend to repurpose the VPS.

You accept these risks as a condition of using the BYOS service. We strongly recommend using a freshly provisioned VPS for Nykto.

3.3 VPS Must Be Dedicated to Nykto VPN Use Only

A VPS running the Nykto relay must be used solely for the purpose of running the Nykto relay software. You agree that you will NOT:

• Run other services, applications, or long-running daemons on the VPS alongside the Nykto relay.
• Store personal data, business data, client data, or any third-party data on the VPS.
• Grant shell, SSH, sudo, console, or equivalent access to the VPS to any person other than yourself.
• Use the VPS as a general-purpose server, development environment, build host, backup target, or shared host of any kind.
• Install packages or make system changes that interfere with the relay’s hardened configuration (firewall rules, kernel parameters, log suppression, DNS binding, mount points).

If you need a server for other purposes, provision a separate VPS. The dedicated-use requirement protects the integrity of the VPN tunnel; mixed-use introduces side channels and log-leakage risks that we cannot engineer around on infrastructure we do not control. Violation of this clause is grounds for termination under §15 (Termination) without refund, and voids the engineering guarantees we otherwise make about the relay’s privacy posture.

3.4 Cloud Provider Terms and Abuse Handling

You are solely responsible for:

• Compliance with your cloud provider’s acceptable use policy. Some providers explicitly prohibit VPN or tunnelling workloads on low-tier plans; confirm before you install.
• Responding to any abuse complaints, legal requests, or law enforcement inquiries directed at your VPS’s IP address. Because we have no visibility into traffic that transits your VPS, we cannot respond on your behalf.
• Paying your cloud provider for compute, bandwidth, storage, and any other billable metric. The Nykto subscription does NOT cover cloud-provider charges.
• Keeping your cloud provider account in good standing. If the provider suspends, rate-limits, or deletes your VPS, your BYOS relay becomes unreachable and the Nykto subscription does not entitle you to a refund for the affected period.

3.5 Scope of the BYOS Subscription

A BYOS subscription grants you a license to the Nykto relay software, the Nykto app, and access to the Nykto Identity Zone API. It does NOT include:

• The VPS itself (you bring your own).
• Bandwidth, storage, or compute resources from Nyktora Group, LLC.
• Backups of the VPS or its configuration.
• Managed support for issues specific to your cloud provider, operating system, or network environment.

If we stop publishing the Nykto relay software or shut down the Identity Zone API, your BYOS relay will continue running on the last-installed version but will lose the ability to authenticate new peers or receive updates. Section 11 (Service Availability) governs that scenario; Section 8 (Refund Policy) governs refunds.

4. Acceptable Use Policy

You may use the Service only for lawful purposes and in accordance with these Terms. You agree that you will NOT use the Service to:

Illegal activity

• Transmit, distribute, or store any material that violates applicable law or regulation
• Access or attempt to access systems, data, or accounts without authorisation (hacking, cracking)
• Engage in any form of fraud, including financial fraud, identity fraud, or phishing
• Distribute, produce, or access child sexual abuse material (CSAM) — this is a zero-tolerance violation resulting in immediate account termination and referral to law enforcement
• Conduct any activity that constitutes a criminal offence in your jurisdiction or the jurisdiction of our servers

Network abuse

• Send spam, bulk unsolicited email, or any form of unsolicited commercial messages
• Conduct distributed denial-of-service (DDoS) attacks or participate in botnets
• Port scan, probe, or attempt to exploit other systems
• Conduct man-in-the-middle attacks or traffic interception on other parties

Service abuse

• Share your account credentials with others outside of your device limit
• Attempt to bypass the 10-device limit through technical means
• Reverse engineer, decompile, or attempt to extract the source code of the application (except as permitted by applicable law)
• Resell or sublicense the Service without written authorisation

We reserve the right to terminate accounts that violate this policy without refund.

We maintain a repeat infringer policy. Users who repeatedly violate the intellectual property rights of others may have their accounts terminated.

5. Account Registration

To use the Service, you must create an account using Apple Sign-In or Google Sign-In. You agree to:

• Sign in with a valid Apple or Google account
• Not share your account with other individuals beyond the 10-device limit
• Notify us immediately at support@nykto.app if you suspect unauthorised use of your account

You are responsible for all activity that occurs under your account.

You must be at least 13 years old to create an account. By creating an account, you represent that you meet this requirement.

6. Subscription and Pricing

6.1 Plans

Prices are in USD. Prices may vary by region as displayed in the App Store or Google Play Store at the time of purchase.

6.2 Billing

Subscriptions are processed through Apple (App Store) or Google (Google Play) via in-app purchase. By subscribing, you authorise the applicable platform to charge your payment method on a recurring basis at the then-current subscription price until you cancel.

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.

6.3 Free Trial

If a free trial period is offered, it will be clearly stated at the time of sign-up. You will be charged the standard subscription price at the end of the trial unless you cancel before the trial ends.

6.4 Price Changes

We reserve the right to change subscription pricing. We will provide at least 30 days’ notice of any price increase to your registered email address. Continued use of the Service after the price change takes effect constitutes your agreement to the new price.

6.5 Auto-Renewal Disclosures

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period at the then-current price unless you cancel before the renewal date. You will be charged through your Apple ID or Google account.

HOW TO CANCEL:

• iOS: Settings > [Your Name] > Subscriptions > Nykto VPN > Cancel Subscription
• Android: Google Play Store > Menu > Subscriptions > Nykto VPN > Cancel
• You may cancel at any time. Cancellation takes effect at the end of the current billing period. You will retain access until then.

RENEWAL NOTICE: We will not increase your renewal price without providing at least 30 days’ prior notice via email. Any price change will take effect at the start of the next billing period following the notice.

FREE TRIAL: If you start a free trial, you will be charged the subscription price at the end of the trial period unless you cancel before the trial expires. You may cancel during the trial at no cost.

6.6 Referral Program

Each subscriber receives a unique referral code. When a person signs up using your code and completes their first paid month, both the referrer and the referee receive one (1) month of service credit applied to their next billing cycle.

• Eligibility: The referee must be a new Nykto subscriber and complete a first paid month (free trials alone do not count).
• Crediting: Credits are applied 14 days after the referee’s first paid month begins, allowing time for refunds and chargebacks. If the referee cancels or refunds within this 14-day window, the credit is not applied.
• Reward tier: Credit is granted at the referrer’s subscription tier at the time of referral claim (BYOS, Managed, or Household).
• Self-referral and abuse: Using your own code is not permitted. Referrals from accounts that share Apple ID, Google account, or device with the referrer may be flagged and reversed at our discretion.
• No cash value: Referral credits have no cash value and are non-transferable. They expire if not used within twelve (12) months of the credit being applied.
• Cancellation: If your account is cancelled or terminated, any unused referral credits are forfeited.

We reserve the right to modify, suspend, or terminate the referral program at any time. Existing pending referrals will be honored under the rules in effect at the time the referee subscribed.

6.7 Household Plan and Member Rights

The Household plan permits one paying owner to grant access to up to five (5) additional household members. The following rules apply:

• Owner responsibilities: The owner is solely responsible for billing, invitation issuance, and member management. The owner agrees that members invited via the household plan will use the Service in accordance with these Terms.
• Member access: Members do not pay and are not charged. Membership grants Managed-tier access for the duration of the owner’s active subscription. Members may use the Service on their own devices subject to the per-account device limit.
• Cancellation by owner: If the owner cancels the Household plan, all members retain access through the end of the current billing period, after which their access ends unless they subscribe individually.
• Removal of members: The owner may remove a member at any time. Removed members lose access immediately.
• Leaving voluntarily: A member may leave the household at any time, ending their own access immediately. The owner is not notified.
• One household at a time: A user may be a member of only one household at any time. To switch, leave the current household first.
• Refunds: Member-initiated leaves do not entitle the owner or the member to a refund. Owner-initiated cancellations are subject to the platform’s refund policy in §8.

The household graph (owner ID, member IDs, join and leave timestamps) is stored only in our Identity Zone and is never linked to VPN traffic. See the Privacy Policy §2.

7. Device Limit

The Service supports up to 10 simultaneous devices per subscription. Attempting to add an 11th device will be refused. You may remove devices from the Settings screen in the app to free up slots.

8. Refund Policy

All Nykto VPN subscription plans are backed by a 30-day money-back guarantee. If you are not satisfied within the first 30 days of your initial purchase, contact us at support@nykto.app and we will ensure a full refund is processed through the applicable platform. The money-back guarantee applies to the first billing period only and does not apply to renewals.

Subscription purchases are processed by Apple or Google. Refund eligibility is also governed by the respective platform’s refund policies:

• Apple App Store: You may request a refund through Apple at reportaproblem.apple.com. Apple’s standard policy allows refunds within 14 days of purchase for eligible transactions.
• Google Play: You may request a refund through Google Play at play.google.com/store/account/subscriptions. Google’s standard policy allows refunds within 48 hours of purchase for subscriptions.

We do not process refunds directly. All refund requests must go through the platform where you purchased the subscription. We will not dispute legitimate refund requests made through the applicable platform.

9. Intellectual Property

The Nykto VPN application, including its name, logo, design, and code, is owned by Nyktora Group, LLC and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the application on your personal devices solely for the purpose of using the Service in accordance with these Terms.

You may not copy, modify, distribute, sell, or sublicense any part of the Service without our prior written consent.

9.1 DMCA Policy

Nyktora Group, LLC has designated an agent for receipt of DMCA takedown notices. Our DMCA Designated Agent can be reached at dmca@nykto.app. We comply with the Digital Millennium Copyright Act and will respond to valid notices in accordance with 17 U.S.C. § 512.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

The short version: we cannot log your online activity. See the Privacy Policy for the full technical explanation.

11. Service Availability and Modifications

We provide the Service on a best-effort basis. We do not guarantee specific uptime levels or uninterrupted service.

We reserve the right to:

• Modify or discontinue features of the Service with reasonable notice
• Perform maintenance that may temporarily interrupt service
• Change server locations or capacity

If we permanently discontinue the Service, we will provide at least 30 days’ notice and pro-rata refunds for any prepaid subscription periods through the applicable platform.

Force majeure. Nykto is not liable for any failure or delay in providing the Service caused by events beyond our reasonable control, including (without limitation) natural disasters, war, terrorism, riots, civil unrest, embargoes, government action, network or power outages, denial-of-service attacks, malicious cyber activity, security incidents at infrastructure providers, pandemics, or labor disruptions. During any such event, our obligations under these Terms are suspended for the duration of the event, and any subscription periods affected may be extended in our discretion.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYKTO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE; AND WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply only to the extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYKTO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES; DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; DAMAGES RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA; OR DAMAGES RESULTING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.

IN ANY CASE, NYKTO’S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO NYKTO FOR THE SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitations on liability for consequential or incidental damages. In such jurisdictions, the above limitations apply only to the extent permitted by law.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Statutory consumer remedies. Nothing in this Section 13 is intended to, or shall be construed to, limit, waive, or cap any remedy that may not be waived under applicable consumer protection law, including without limitation the treble damages and attorneys’ fees provisions of the Texas Deceptive Trade Practices–Consumer Protection Act (Texas Business & Commerce Code §§ 17.41 et seq.) for non-business consumers, where such remedies are non-waivable under § 17.42 of that Act. The cap above applies only to claims for which a cap is permitted by applicable law.

Third-party services and sub-processors. The Service depends on third-party infrastructure providers, including (without limitation) Cloudflare for Identity Zone hosting, Hetzner for relay infrastructure, RevenueCat for subscription management, and Apple and Google for app distribution and payment processing. To the maximum extent permitted by applicable law, Nykto is not liable for damages, service interruptions, security incidents, or data exposures caused by acts, omissions, outages, or breaches of these third-party providers, even where such providers process data on Nykto’s behalf. Nykto exercises commercially reasonable care in selecting sub-processors; the current list and the categories of data each receives are documented in the Privacy Policy.

14. Indemnification

You agree to defend, indemnify, and hold harmless Nykto and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law
• Your violation of any third party’s rights

15. Termination

15.1 By You

You may terminate your account at any time from the app Settings or by emailing support@nykto.app. Termination does not entitle you to a refund except as described in Section 8.

15.2 By Nykto

We may terminate or suspend your account immediately, without notice or refund, if you:

• Violate the Acceptable Use Policy in Section 4 or the BYOS Server Responsibilities in Section 3
• Engage in any fraudulent, abusive, or illegal activity
• Violate any other provision of these Terms in a material way

For less serious violations, we will provide notice and a reasonable opportunity to cure before terminating.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Account data will be deleted as described in the Privacy Policy. Sections 3, 9, 12, 13, 14, 16, and 17 survive termination.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be addressed by informal negotiation. Contact us at support@nykto.app and we will make a good-faith effort to resolve the issue within 30 days.

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. You may opt out of this arbitration agreement by sending written notice to legal@nykto.app within 30 days of first accepting these Terms. Nothing in this section prevents either party from seeking injunctive relief in court. Small claims court actions are exempt from this arbitration requirement.

Backup forum. If AAA declines to administer the dispute, is unable to do so under its rules, or otherwise becomes unavailable, the parties shall instead arbitrate before JAMS under its Streamlined Arbitration Rules and Procedures. If both AAA and JAMS become unavailable, either party may apply to a court of competent jurisdiction in the State of Texas to appoint a substitute arbitrator under 9 U.S.C. § 5.

Delegation. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 16, including any claim that all or any part of this Section 16 is void or voidable, or that a claim is or is not subject to arbitration. The arbitrator’s authority extends to gateway questions of arbitrability.

CLASS ACTION WAIVER. YOU AND NYKTO AGREE THAT ANY DISPUTE BETWEEN US SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. NO ARBITRATOR HAS AUTHORITY TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR TO PRESIDE OVER ANY CLASS PROCEEDING. If a court of competent jurisdiction finds this class action waiver unenforceable as to a particular dispute, then only that dispute shall be severed from the arbitration provision and litigated in court; the remainder of this Section 16, including the requirement to arbitrate other disputes, shall remain in effect.

JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NYKTO EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT REACHES COURT (INCLUDING SMALL CLAIMS BEYOND ITS JURISDICTIONAL LIMITS, INJUNCTIVE RELIEF PROCEEDINGS, OR DISPUTES BY USERS WHO HAVE OPTED OUT OF ARBITRATION).

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

If you are a consumer in a jurisdiction that grants you the right to bring claims in local courts, or whose law prohibits the class action waiver or jury trial waiver above, these arbitration provisions do not limit those rights, and the unenforceable provision shall be modified to the minimum extent necessary to comply with local law (Section 17 severability).

17. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nykto with respect to the Service.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Notices. We will send notices to the email address on your account. You may send notices to us at support@nykto.app.

Apple App Store distribution. If you obtained the Nykto app through the Apple App Store, you acknowledge that these Terms are between you and Nykto only, and not with Apple Inc. or its subsidiaries (“Apple”). Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty (where applicable warranties are not disclaimed under these Terms), you may notify Apple, and Apple will refund the applicable purchase price; Apple has no other warranty obligation. Nykto, not Apple, is responsible for any product liability claims, claims that the Service fails to conform to legal or regulatory requirements, claims under consumer protection law, or third-party intellectual property claims relating to the Service. You represent that you are not located in a country subject to U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play distribution. If you obtained the Nykto app through Google Play, you acknowledge that these Terms are between you and Nykto only, and not with Google LLC or its affiliates (“Google”). Google is not responsible for the Service or for handling claims relating to it. Use of the Service is also subject to the Google Play Terms of Service.

18. Contact

General support: support@nykto.app
Legal matters / arbitration opt-out: legal@nykto.app
DMCA notices: dmca@nykto.app
Privacy matters: privacy@nykto.app
Website: https://vpn.nykto.app/terms