Terms of Service

"Service" refers to the Nextservice AI platform, including all features, applications, and services accessible through nextservice.ai and its subdomains.

"User" refers to any individual or entity that accesses or uses the Service.

"Customer Data" refers to all information and data provided, generated, or collected through the use of the Service.

"Subscription" refers to the purchased right to access and use the Service according to the selected plan.

"Content" refers to any text, images, videos, or other materials uploaded or created by Users through the Service.

2.1 Account Registration

To access the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding the password and restricting access to your account. You agree to notify us immediately of any unauthorized access or use of your account.

2.3 Account Ownership

Accounts must be registered and used by a legal entity or person over the age of 18. Accounts registered by bots or automated methods are not permitted.

2.4 Account Termination

We reserve the right to suspend or terminate your account if we determine that you have violated these Terms or engaged in any fraudulent or unlawful activities.

3.1 Service Availability

We strive to maintain 99.9% service availability. However, we do not guarantee uninterrupted access to the Service. Scheduled maintenance will be communicated in advance through our status page.

3.2 API Usage

API access is subject to rate limiting and fair use policies. We reserve the right to modify API access terms or revoke API access for excessive or abusive usage.

3.3 Third-Party Services

The Service integrates with third-party services (e.g., Stripe for payments, social media platforms). Use of these integrations is subject to their respective terms of service.

3.4 Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

4.1 Subscription Fees

Subscription fees are based on the selected plan and billing cycle. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.2 Payment Processing

Payments are processed through Stripe. By providing payment information, you authorize us to charge your payment method for all applicable fees.

4.3 Late Payments

We reserve the right to suspend service access for accounts with overdue payments. A late payment fee may apply to overdue amounts.

4.4 Changes to Fees

We reserve the right to modify the fees for the Service at any time. We will provide at least 30 days' notice before any changes take effect.

5.1 Data Collection

We collect and process data as described in our Privacy Policy. By using the Service, you consent to such processing and warrant that all data provided by you is accurate.

5.2 Data Security

We implement appropriate technical and organizational measures to protect Customer Data. However, no method of transmission over the Internet is 100% secure.

5.3 Data Processing

We process Customer Data solely for providing the Service and as instructed by you, subject to our Data Processing Agreement.

5.4 Data Retention

We will retain your Customer Data for as long as necessary to provide the Service, comply with our legal obligations, resolve disputes, and enforce our agreements.

6.1 Service Ownership

The Service, including its original content, features, and functionality, is owned by Nextservice and protected by international copyright, trademark, and other intellectual property laws.

6.2 Customer Data Ownership

You retain all rights to your Customer Data. You grant us a limited license to host, copy, transmit, and display your Customer Data as necessary to provide the Service.

6.3 User Content

By uploading or submitting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such Content solely for the purpose of providing and improving the Service.

7.1 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose
• Send spam or unsolicited messages
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service
• Transmit malware or viruses
• Resell or redistribute the Service without authorization
• Engage in any activity that could damage, disable, or impair the Service or interfere with any other party's use of the Service
• Use automated scripts or bots to access the Service for any purpose without our express written permission

7.2 Enforcement

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.

8.1 Termination by User

You may terminate your account at any time by following our account closure process. Upon termination, you will have 30 days to export your data.

8.2 Termination by Nextservice

We reserve the right to suspend or terminate accounts for violations of these Terms, non-payment, or illegal activities. Upon termination, your right to use the Service will immediately cease.

8.3 Effects of Termination

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Sections that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9.1 Service Warranty

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

9.2 Limitation of Liability

To the maximum extent permitted by law, Nextservice shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

9.3 Indemnification

You agree to defend, indemnify, and hold harmless Nextservice and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service, including any data or content transmitted or received by you;
• Your violation of any term of these Terms of Service;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

10.1 Informal Resolution

To expedite resolution and control the costs of any dispute, controversy, or claim related to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the dispute informally by contacting each other.

10.2 Arbitration

If the dispute cannot be resolved through informal negotiations, it shall be resolved by binding arbitration, conducted by a single arbitrator in the jurisdiction where Nextservice is headquartered. The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and binding.

10.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

If you do not agree to the new Terms, you are no longer authorized to use the Service.

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Nextservice regarding the use of the Service, superseding any prior agreements.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Nextservice’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

Nextservice may assign these Terms without your consent. You may not assign these Terms or any rights or obligations under these Terms without our prior written consent.

For any questions about these Terms, please contact us at [email protected]