Apolloversity Incorporated Doing Business As Next Tech, a Delaware corporation ("Next Tech" or "we"), located at 201 4th St #205, Oakland, CA 94607, provides you (the "User", "you") with services (the "Service") made available subject to the following Terms of Service (the "Agreement"). By using and accessing this Service, you are agreeing to be bound by, and to comply with, this Agreement and any other terms and conditions or terms of service posted on any individual page of this Service.
Usage of Service
Subject to this Agreement, you will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access the Service as applicable to your Account Type.
By agreeing to grant such access, Next Tech does not obligate itself to maintain the Service, or to maintain it in its present form. Next Tech may upgrade, modify, change or enhance the Service and convert you to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to your use of the Service and on reasonable prior notice to you (unless the change is of critical business importance or outside the Next Tech's control, in which case Next Tech will explain the reason for the changes as soon as is reasonably practicable).
Next Tech will use commercially reasonable efforts to enable the Service to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Next Tech, including, but not limited to, any Force Majeure Event (as defined below).
The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Service contrary to Next Tech's instructions, or modification or alteration of the Service by any party other than Next Tech.
Intellectual Property Rights
Next Tech retains all right, title, and interest in and to the Service. You recognize that the Software and its components are protected by copyright and other laws.
Next Tech's name, logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Next Tech or its affiliates or licensors. User may not use such marks without the prior written permission of Next Tech All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Use of Content
Subject to this Agreement, Next Tech grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use our content. Next Tech contains content specifically provided by us, our partners, and our users and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Service is expressly prohibited without prior written permission from Next Tech. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
Content created by you using the Service shall belong to you. Next Tech shall not use or make available your content without your written permission.
You agree to pay the appropriate fee when utilizing the Service. Next Tech reserves the right to change usage fees pursuant to the terms of your contract with Next Tech. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
Next Tech does not store any payment information and uses ChargeBee to process all payments, which in turn uses Stripe. By using the Service, you also agrees to the appropriate ChargeBee and Stripe Terms of Service and Privacy Policies.
Your account can be canceled at any time by emailing us. Upon termination of your account, you will still be responsible for all outstanding fees.
Your account may be terminated without prior notice notice at any time if it is found to be engaging in unlawful behavior or using the Service outside of its intended use.
Consent to Use of Data
Disclaimers & Release
To the extent permitted by law, Next Tech will in no way be liable to you or any third party for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Service.
The Service is provided “AS IS” and may have some flaws. It is the User's responsibility to determine if the code will fit the needs or requirements of the User.
Next Tech will not be held liable by you in any way, for any loss, damage or injury suffered by the User or by any other person related to any use of the Service or any part thereof, including if the User modifies the Service.
Next Tech cannot and does not make any implied warranty of merchantability or fitness for a particular purpose in regards to the Software or any support services as part of this Agreement.
You shall indemnify and defend Next Tech and its board members, officers, and employees against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to the injury to or death of any individual, or any loss of or damage to real or tangible personal property, caused by the act or omission of yourself or of any of your agents, subcontractors, or employees when using the Service.
Arbitration Rules & Governing Law
Both Next Tech and you agree that Arbitration is in the best interest of both parties and therefore any dispute, claim or controversy arising out of this Agreement will exclusively be settled by arbitration held in San Francisco, and governed by the laws of California.
You agree to maintain the confidentiality of Next Tech's Confidential Information. For the purposes of this Agreement, the term “Confidential Information” means all portions of the Service.
Third Party Links
The Service may contain links to other websites that are not operated by or related to Next Tech. Next Tech is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this website does not imply approval or endorsement of the linked website by Next Tech. You leave this website to access these third-party sites does so at its own risk.
If a court of law holds any provision of this Agreement to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of this Agreement.
Next Tech will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Next Tech's reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
This Terms of Service constitutes the final and exclusive agreements between Next Tech and User relating to this subject matter and supersedes all agreements, whether prior or contemporaneous, written or oral, concerning such subject matter. Next Tech may change this agreement at any time.