Terms of Service

Last updated: December 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NextJenga ("Company," "we," "us," or "our") governing your access to and use of our website builder platform, including any associated services, features, content, and applications (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

"Account" means the account you create to access and use the Services. "Content" means any data, text, images, videos, designs, or other materials uploaded, created, or displayed through the Services. "Site" means any website created using our platform. "User" or "you" means any individual or entity that accesses or uses the Services. "End User" means visitors to Sites created using our platform. "Subscription" means a paid plan providing access to premium features.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements.

If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.

4. Account Registration and Security

4.1 Account Creation

To use certain features of our Services, you must create an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized access to or use of your Account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Restrictions

You may not share your Account credentials with others, create multiple accounts for the same person or entity without our permission, or transfer your Account to another party without our written consent.

5. Services and Features

5.1 Website Builder

NextJenga provides a visual website builder platform that enables you to create, customize, publish, and manage websites. We grant you a limited, non-exclusive, non-transferable license to use our platform and tools in accordance with these Terms.

5.2 Hosting and Infrastructure

We provide hosting services for Sites created on our platform. We strive to maintain high availability but do not guarantee uninterrupted access. We reserve the right to perform maintenance, updates, and modifications to our infrastructure.

5.3 Third-Party Integrations

Our Services may integrate with third-party services (e.g., Stripe for payments, custom domains). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their content.

6. Subscriptions and Payments

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Details of current plans are available on our pricing page. We reserve the right to modify plans, features, and pricing with reasonable notice.

6.2 Payment Terms

Subscriptions are billed in advance on a monthly or annual basis, depending on your chosen plan. All payments are processed securely through Stripe. You authorize us to charge your payment method for all fees associated with your Subscription.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage your subscription and cancel auto-renewal through your account settings.

6.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our discretion in cases of billing errors or other exceptional circumstances. Requests for refunds should be submitted to our support team within 14 days of the charge.

6.5 Taxes

You are responsible for all applicable taxes associated with your use of the Services. Prices may or may not include taxes depending on your jurisdiction.

7. Your Content

7.1 Ownership

You retain all ownership rights to Content you create or upload to the Services. NextJenga does not claim ownership of your Content. By using our Services, you grant us a limited license to host, store, display, and transmit your Content solely for the purpose of providing the Services.

7.2 Content Responsibility

You are solely responsible for all Content you create, upload, or publish through the Services. You represent and warrant that you have all necessary rights to your Content, your Content does not violate any laws or third-party rights, and your Content complies with these Terms and our Acceptable Use Policy.

7.3 Content Backup

While we implement reasonable measures to protect your Content, we recommend maintaining your own backups. We are not responsible for any loss or corruption of Content except as required by law.

8. Acceptable Use Policy

You agree not to use the Services to: violate any applicable laws, regulations, or third-party rights, create or distribute illegal, harmful, fraudulent, or objectionable content, infringe intellectual property rights of others, distribute malware, viruses, or harmful code, send spam or unsolicited communications, engage in phishing, impersonation, or deceptive practices, interfere with or disrupt the Services or servers, attempt to gain unauthorized access to any systems, scrape, mine, or collect data without authorization, or resell or redistribute the Services without permission.

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your Account, removing Content, and reporting violations to law enforcement.

9. Intellectual Property

9.1 Our Intellectual Property

The Services, including all software, designs, templates, documentation, and other materials (excluding your Content), are owned by NextJenga and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

9.2 Templates and Components

We provide templates, components, and design elements for use in building your Sites. You receive a license to use these materials in Sites created on our platform but may not redistribute them separately or use them outside our platform.

9.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into our Services without compensation or attribution.

10. Privacy and Data

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

When you create Sites that collect End User data, you are responsible for providing appropriate privacy notices and obtaining necessary consents from your End Users.

11. Third-Party Links and Services

The Services may contain links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Your interactions with third parties are solely between you and them. We encourage you to review the terms and privacy policies of any third-party services you use.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

We do not warrant that the Services will be uninterrupted, error-free, or secure. We do not warrant that any defects will be corrected or that the Services will meet your specific requirements.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTJENGA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless NextJenga and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Services, your Content, your Sites and their operation, your violation of these Terms, your violation of any third-party rights, or any dispute between you and a third party.

15. Term and Termination

15.1 Term

These Terms commence when you create an Account or first use the Services and continue until terminated by either party.

15.2 Termination by You

You may terminate your Account at any time through your account settings or by contacting support. Termination does not entitle you to a refund of any prepaid fees.

15.3 Termination by Us

We may suspend or terminate your Account and access to the Services at any time for any reason, including but not limited to: violation of these Terms, non-payment of fees, extended inactivity, or if we discontinue the Services. We will provide reasonable notice when practicable.

15.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your Account and Content after a reasonable period. Sections of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, indemnification, and limitations of liability.

16. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Services, by email, or other appropriate means. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

17. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

18. Dispute Resolution

18.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve any dispute informally by contacting us at support@nextjenga.com. We will try to resolve the dispute informally within 30 days.

18.2 Governing Law

These Terms are governed by and construed in accordance with applicable law, without regard to conflict of law principles.

18.3 Jurisdiction

Any disputes not resolved informally shall be resolved through binding arbitration or in the courts of competent jurisdiction, depending on applicable law in your jurisdiction.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NextJenga regarding the Services and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Notices

We may provide notices to you via email, through the Services, or by posting on our website. You may provide notices to us at support@nextjenga.com.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at: support@nextjenga.com. We will respond to your inquiry within a reasonable timeframe.