1. Our Services
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Users who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (including HIPAA, FISMA, etc.). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos (the "Marks"). The Content and Marks are provided "as is" for your internal business purpose only and are protected by copyright and trademark laws worldwide.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purpose.
Except as expressly provided, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Services, Content, or Marks without our prior written permission.
By submitting any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") to us, you assign to us all intellectual property rights in such Submissions. If you publicly post any content or materials ("Contributions"), you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid worldwide licence to use and distribute your Contributions.
3. User Representations
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and update it as necessary.
- You have the legal capacity to agree to these Legal Terms.
- You are at least 13 years old, and if a minor, you have parental permission.
- You will not access the Services through automated or non-human means.
- You will not use the Services for any illegal or unauthorised purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse all current or future use of the Services.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username if we determine it is inappropriate, obscene, or otherwise objectionable.
5. Purchases and Payment
We currently accept payments through Stripe.
You agree to provide current, complete, and accurate purchase and account information for all purchases. Sales tax will be added where required. We reserve the right to correct any errors in pricing, limit or cancel orders, and refuse any order placed through the Services.
6. Subscriptions
Your subscription will continue and automatically renew unless cancelled. You consent to recurring charges until cancellation. Billing cycles are monthly.
We offer a 14-day free trial to new users. You can cancel your subscription at any time, with cancellation taking effect at the end of the current paid term. Fee changes may occur, and we will communicate any price changes in accordance with applicable law.
7. Prohibited Activities
You agree not to use the Services for any purpose other than those expressly permitted. Prohibited activities include, but are not limited to:
- Collecting or harvesting user data without permission.
- Attempting to circumvent security features or access restrictions.
- Uploading or transmitting viruses or other malicious code.
- Engaging in automated data collection or extraction.
- Using the Services to harass, threaten, or harm others.
- Using the Services to compete with us or for commercial endeavours without approval.
8. User Generated Contributions
The Services may invite you to create or share content ("Contributions"). Contributions may be visible to other users and third-party websites. You represent and warrant that you have the necessary rights to provide such Contributions and that they do not violate any law, regulation, or the rights of others.
9. Contribution Licence
By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid worldwide licence to use, copy, reproduce, distribute, sell, publish, and exploit your Contributions for any purpose. You retain ownership of your Contributions, and we do not assert ownership over them.
10. Third-Party Websites and Content
The Services may contain links to or content from third parties. We are not responsible for third-party websites or content and do not endorse any products or services offered by third parties. You access such content at your own risk.
11. Services Management
We reserve the right to monitor the Services for violations of these Legal Terms, take appropriate legal action, remove or disable content, manage the Services to protect our rights and property, and maintain the proper functioning of the Services.
12. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by it. The Services are hosted in Germany. By using the Services, you consent to the transfer and processing of your data in Germany.
13. Copyright Infringements
We respect the intellectual property rights of others. If you believe any material on the Services infringes your copyright, please notify us using the contact information provided in Section 26.
14. Term and Termination
These Legal Terms remain in effect while you use the Services. We may terminate or suspend your account at any time, without notice, for any reason, including a breach of these Legal Terms.
15. Modifications and Interruptions
We reserve the right to modify or discontinue the Services at any time without notice. We are not liable for any loss or inconvenience caused by your inability to access the Services during downtime or discontinuance.
16. Governing Law
These Legal Terms are governed by the laws of Estonia. If you reside in the EU, you may have additional protections under your local laws. The parties consent to the non-exclusive jurisdiction of the courts of Estonia.
17. Dispute Resolution
The parties agree to attempt to resolve disputes through informal negotiations lasting at least thirty (30) days before initiating arbitration. Any dispute shall be determined by one arbitrator in Tallinn, Estonia, under the rules of the European Centre of Arbitration. The proceedings will be in English and governed by Estonian law.
The parties agree that arbitration is limited to disputes between the parties and may not be conducted on a class-action basis. Certain disputes, such as those seeking to enforce intellectual property rights, are exempt from arbitration.
18. Corrections
Information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct errors and update information at any time without prior notice.
19. Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
20. Limitations of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.
21. Indemnification
You agree to indemnify and hold us harmless from any losses, damages, liabilities, claims, or demands arising out of your use of the Services, your Contributions, your breach of these Legal Terms, or your violation of third-party rights.
22. User Data
We maintain certain data transmitted to the Services for performance purposes. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to activities undertaken using the Services.
23. Electronic Communications, Transactions, and Signatures
By using the Services, you consent to receive electronic communications from us. You agree that electronic signatures and records satisfy legal requirements for written communications.
24. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
25. Miscellaneous
These Legal Terms constitute the entire agreement between you and us. We may assign our rights and obligations at any time. If any provision is deemed unlawful or unenforceable, the remaining provisions remain in effect.
26. Contact Us
Megabyte OÜ
Tulbi 8
Tallinn, Harjumaa 10612
Estonia
Email: info@nextretro.io