nextpertis GmbH Terms and Conditions
1. Introduction and Scope
These Terms and Conditions (“Terms“) constitute a legally binding agreement between nextpertis GmbH (“we,” “us,” or “our“), a company incorporated under the laws of Austria, and the customer (“Customer,” “you,” or “your“) governing the access and use of our proprietary software product (“Software“). These Terms apply to all subscription plans offered for the Software, including yearly subscriptions. By subscribing to the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Subscription and Access
2.1 Subscription Plans:
We offer the Software on a yearly subscription basis with various plans available, each with its own specific features and pricing. The details of each subscription plan, including the applicable fees, are available on our website.
2.2 Subscription Term and Renewal:
Your subscription period commences on the date of purchase and automatically renews for subsequent yearly periods unless you cancel the subscription before the renewal date on our website.
2.3 Cancellation:
We offer the Software on a yearly subscription basis with various plans available, each with its own specific features and pricing. The details of each subscription plan, including the applicable fees, are available on our website.
2.4 Access to Software:
Upon successful subscription and payment, you will be granted a non-exclusive, non-transferable license to access and use the Software in accordance with these Terms. Access to the Software may be provided through various means, including, but not limited to, downloading and installing the Software on your device or accessing the Software through a web browser.
3. License Grant and Restrictions
3.1 License Grant:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes.
3.2 Permitted Use:
You may install and use the Software on a single computer or device per license purchased. You may not use the Software for any illegal or unauthorized purpose.
3.3 Restrictions:
You are expressly prohibited from:
- Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or creating derivative works based on the Software
- Distributing, renting, leasing, lending, sublicensing, or otherwise transferring the Software to any third party
- Removing or altering any copyright, trademark, or other proprietary notices contained in the Software
- Using the Software in any manner that could damage, disable, overburden, or impair our servers or networks
- Using the Software to develop a competing product or service
4. Intellectual Property Rights
4.1 Ownership:
The Software, including but not limited to its source code, object code, design, structure, databases, functionality, and documentation, is protected by copyright, trademark, and other intellectual property laws and is the exclusive property of nextpertis GmbH or its licensors.
4.2 No Implied Licenses:
These Terms do not grant you any ownership rights in the Software, but only a limited license to use the Software as expressly permitted herein. All rights not expressly granted to you are reserved by us.
5. Warranties and Disclaimers
5.1 Disclaimer:
The Software is provided “as is” without any warranties of any kind, express or implied. We do not warrant that the Software will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
5.2 No Implied Warranties:
We expressly disclaim all implied warranties, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
5.3 Third-Party Software:
The Software may include or incorporate third-party software components. We make no warranties or representations regarding such third-party software and disclaim all liability arising from your use of such software.
6. Limitation of Liability
6.1 Exclusion of Consequential Damages:
To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or your use of the Software, even if we have been advised of the possibility of such damages.
6.2 Limitation of Liability:
Our total aggregate liability to you for any and all claims arising out of or related to these Terms, or your use of the Software shall be limited to the amount of subscription fees you have paid to us during the twelve (12) months preceding the date of the claim.
7. Termination
7.1 Termination for Breach:
We may terminate this Agreement and your access to the Software immediately upon written notice to you if you breach any provision of these Terms.
7.2 Termination for Convenience:
We may terminate this Agreement and your access to the Software at any time for any reason by providing you with at least 14 days (about 2 weeks) prior written notice.
7.3 Effect of Termination:
Upon termination of this Agreement for any reason, your license to use the Software shall immediately cease, and you must cease all use of the Software and uninstall it from your devices.
8. Data Protection
8.1 Privacy Policy:
We are committed to protecting your privacy. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is available on our website. By using the Software, you consent to the collection and use of your personal information as described in our Privacy Policy.
8.2 Data Security:
We take reasonable measures to protect your data from unauthorized access, use, or disclosure. However, we cannot guarantee the absolute security of your data, and you acknowledge that any data you transmit or store through the Software is at your own risk.
9. Governing Law and Dispute Resolution
9.1 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of laws principles.
9.2 Dispute Resolution:
Any dispute arising out of or relating to this Agreement shall be settled amicably between the parties. If the parties are unable to reach an amicable settlement, the dispute shall be finally settled by the competent courts of Vienna, Austria.
10. General Provisions
10.1 Entire Agreement:
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
10.2 Amendments:
We may amend these Terms at any time by posting the amended Terms on our website. Your continued use of the Software following the posting of any amendments constitutes your acceptance of such amendments.
10.3 Severability:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.
10.4 Waiver:
No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party.
10.5 Notices:
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service, addressed as follows:
If to us:
nextpertis GmbH
Oberzellergasse 1/16/B1, 1030 Vienna, AUSTRIA
office@nextpertis.com
If to you: The address you provided during the subscription process.
11. Contact Information
If you have any questions about these Terms, please contact us at:
nextpertis GmbH
Oberzellergasse 1/16/B1, 1030 Vienna, AUSTRIA
+43 1 430 20 60
office@nextpertis.com