Terms & Conditions

These Terms of Service („Terms“) govern your use of our software apps and development services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully before proceeding. If you do not agree to any part of these Terms, you may not use our services nor software apps.

 

  1. Definitions
    1. „NEXGEN“ refers to the company providing software apps and development services.
    2. „Services“ refers to the software apps and development services offered by NEXGEN.
    3. „User/Customer“ refers to any individual or entity accessing or using our services.

 

 

  1. Use of Services
    1. Eligibility: You must be at least 18 years old or have the legal capacity to enter into a contract in your jurisdiction to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.
    2. Account Creation: Some features of our services may require you to create an account. You are responsible for providing accurate and complete information during the account registration process. You are also responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
    3. Restrictions: You agree not to:
      1. Use our services for any unlawful purpose or in violation of any applicable laws or regulations.
      2. Use our services to transmit any unauthorized or harmful material, including viruses, malware, or any other form of malicious code.
      3. Interfere with or disrupt the functionality or security of our services or any related systems.
      4. Engage in any activity that could negatively impact other users/customers or NexGen’s reputation.

 

  1. Intellectual Property
    1. Ownership: All intellectual property rights in our services, including but not limited to software, apps, trademarks, logos, and content, are owned by NexGen or its licensors. You acknowledge and agree that you do not acquire any ownership or rights by using our services.
    2. License: NexGen grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services solely for your personal or internal business purposes. You may not modify, reproduce, distribute, or create derivative works based on our services without our prior written consent.
  2. Confidentiality and Privacy
    1. Confidentiality: NexGen may provide you with access to certain confidential information. You agree to keep such information confidential and not disclose it to any third party without NexGen’s prior written consent.
    2. Privacy: Our collection and use of personal information are governed by our Privacy Policy, which forms an integral part of these Terms. Please review our Privacy Policy to understand how we handle your data.
  3. Termination
    1. Termination by User/Customer: You may terminate your use of our services and software apps at any time by giving 30 days written notice.
    2. Termination by NexGen: NexGen may, in its sole discretion, terminate or suspend your access to our services and software, in whole or in part, with or without cause, and without prior notice.
  4. Limitation of Liability
    1. To the maximum extent permitted by law, NexGen shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your use of our services.
  5. Indemnification
    1. You agree to indemnify and hold NexGen and its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including attorneys‘ fees) arising out of or in connection with your use of our services or any violation of these Terms.
  6. Amendments
    1. NexGen reserves the right to modify these Terms at any time. Any changes will be effective upon posting the updated Terms on our website or notifying you through other reasonable means. Your continued use of our services after such modifications will signify your acceptance of the updated Terms.
  7. Governing Law and Dispute Resolution
    1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which NexGen is registered.
    2. Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through good-faith negotiations. If a resolution cannot be reached, either party may initiate legal proceedings in the appropriate jurisdiction.
  8. Miscellaneous
    1. Entire Agreement: These Terms constitute the entire agreement between you and NexGen regarding your use of our services and supersede any prior agreements or understandings.
    2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    3. Waiver: The failure of NexGen to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  9. Disclaimer of Warranties; Limitation of Liability
    1. Disclaimer of Warranties: You expressly understand and agree that your use of our services is at your own risk. NexGen provides the services on an „as-is“ and „as available“ basis, without any warranties or representations of any kind, whether express, implied, or statutory. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.
    2. Limitation of Liability: To the maximum extent permitted by applicable law, NexGen and its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our services, even if NexGen has been advised of the possibility of such damages.
    3. Third-Party Services: NexGen may provide access to or integrate third-party services or content within our services. You acknowledge and agree that NexGen does not endorse or assume any responsibility for the availability, accuracy, or legality of such third-party services or content. Your use of any third-party services is subject to the terms and conditions provided by the respective third parties.
    4. Limitations by Applicable Law: Some jurisdictions may not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In such cases, the liability of NexGen shall be limited to the fullest extent permitted by applicable law.