These Terms of Service ("Terms") govern your access to and use of the Nexgen website and platform (the "Service"). By accessing or using the Service, or by clicking to accept, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization.
1. Definitions
- "Customer" means the organization or individual that subscribes to the Service.
- "User" means an individual authorized by the Customer to use the Service.
- "Customer Data" means documents, forms, signatures, and other content submitted to or generated through the Service by the Customer or its Users.
2. Eligibility & Accounts
You must provide accurate, complete registration information and keep it current. You are responsible for safeguarding account credentials and for all activity under your account, and you must notify us promptly of any unauthorized use. You are responsible for your Users' compliance with these Terms.
3. License to Use the Service
Subject to these Terms and your subscription plan, Nexgen grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes.
4. Acceptable Use
You agree not to:
- use the Service for any unlawful, infringing, harmful, or fraudulent purpose;
- upload malware or content that violates the rights of others or applicable law;
- attempt to gain unauthorized access to, disrupt, or reverse engineer the Service;
- resell, sublicense, or provide the Service to third parties except as expressly permitted;
- circumvent usage limits or security controls.
5. Customer Data & Ownership
As between the parties, you retain all rights to your Customer Data. You grant Nexgen a limited license to host, process, and transmit Customer Data solely to provide and support the Service. You are responsible for the accuracy and lawfulness of Customer Data and for obtaining any consents or authorizations required to process it through the Service.
6. Electronic Signatures & Records
The Service enables electronic signatures and records intended to be legally valid and enforceable where permitted by applicable law, including applicable Kuwaiti electronic transactions legislation. You are responsible for determining whether an electronic signature is appropriate and valid for your particular transaction and for retaining executed records as required by law.
7. Subscriptions, Fees & Payment
Fees are set out in your order or subscription plan. Unless stated otherwise, fees are billed in advance, are exclusive of applicable taxes, and are non-refundable. Late payments may result in suspension. We may adjust pricing on renewal with prior notice.
8. Third-Party Services
The Service may integrate with third-party products. Those products are governed by their own terms and are provided on an "as is" basis; Nexgen is not responsible for third-party services you choose to enable.
9. Intellectual Property
Nexgen and its licensors own all rights in the Service, including software, designs, and trademarks. No rights are granted except as expressly stated. If you provide feedback, you grant Nexgen a perpetual, royalty-free license to use it to improve the Service.
10. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service and use it only as needed to perform under these Terms, except where disclosure is required by law.
11. Service Availability & Support
We use commercially reasonable efforts to keep the Service available and to provide support, but the Service may be subject to maintenance, updates, and factors beyond our control. We do not guarantee uninterrupted or error-free operation.
12. Warranties & Disclaimers
Except as expressly stated, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
13. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits or data. Nexgen's total aggregate liability arising out of or related to the Service will not exceed the fees paid by you to Nexgen in the twelve (12) months preceding the event giving rise to the claim.
14. Indemnification
You will defend and indemnify Nexgen against third-party claims arising from your Customer Data or your use of the Service in breach of these Terms or applicable law.
15. Suspension & Termination
We may suspend or terminate access for breach of these Terms, non-payment, or to protect the Service. You may stop using the Service at any time. On termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period, after which it may be deleted.
16. Changes to the Service or Terms
We may modify the Service or these Terms. Material changes will be posted with a revised "Last updated" date, and continued use after changes take effect constitutes acceptance.
17. Governing Law & Disputes
These Terms are governed by the laws of the State of Kuwait, without regard to conflict-of-law principles. The courts of Kuwait will have jurisdiction over any dispute, unless otherwise agreed in writing.
18. Contact
Questions about these Terms can be sent to legal@nexgenbpm.com.
