Terms of Service
Apolloversity Incorporated Doing Business As Next Tech, a Delaware corporation ("Next Tech", "we", or "us"), located at 501 W. Broadway Suite 800, San Diego, CA 92101, provides you (the "User", "you") with services (the "Service", "Website", or "Site") 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. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Subject to this Agreement, you will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable 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.
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. You 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.
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.
Course content created by you using the Service shall belong to you. Next Tech will not use or make available your course content without your permission.
We respect the intellectual property rights of others. If you believe that any material on the Service infringes upon your copyright or trademark or otherwise violates your intellectual property rights, please notify us immediately. Please include with your submission a description of your rights, a clear statement of the alleged violation, and your full contact information, including your name, phone number(s), and email address(es).
By using the Service, you represent and warrant that:
- 1.all registration information you submit will be true, accurate, current, and complete;
- 2.you will maintain the accuracy of such information and promptly update such registration information as necessary;
- 3.you have the legal capacity and you agree to comply with this Agreement;
- 4.you are not under the age of 13;
- 5.you are not a minor in the jurisdiction in which you reside or you have received parental permission to use the Service;
- 6.you will not access the Service through automated or non-human means;
- 7.you will not use the Service for any computationally intensive or malicious activities;
- 8.you will not use the Service for an illegal or unauthorized purpose; and
- 9.your use of the Service will not violate any applicable law or regulation.
If you fail to comply, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of it).
You agree to pay the appropriate fee when utilizing the Service and authorize us to charge your provided payment method. 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.
You agree to keep any provided payment method up to date. Your account can be canceled at any time by emailing us.
You may earn account credits using promotions from Next Tech for referring new users or other actions. Unless otherwise stated, you may only redeem a promotion once. Next Tech has the right to revoke promotional account credits if we believe its redemption or use to be fraudulent.
Next Tech does not store any payment information and uses Stripe to process all payments. By using the Service, you also agrees to the appropriate Stripe Terms of Service and Privacy Policies.
Next Tech tracks the amount of time you spend using each coding environment. Next Tech reserves the right to limit your usage of the platform to 40 hours per calendar month if you are billed monthly, or 500 hours per contract year if you are billed annually.
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.
This Agreement shall remain in full force and effect while you use the Service. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in this Agreement or of any applicable law of regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You agree that Next Tech may collect and use personal and technical information gathered as part of your use of the Service or as part of support services provided to you, if any. Next Tech's practices for collecting, processing, maintaining, protecting and disclosing that information are provided for in our Privacy Policy.
Your use of a software product demo owned by a 3rd party "software vendor" may result in your personal information being shared with the software vendor in accordance with our Privacy Policy.
Next Tech is in no way responsible for the security of your personal information once it has been provided to a software vendor. We are not liable for the loss, inaccuracy, exposure, or other related incidents of your personal information stored by a software vendor.
Next Tech is not responsible for the content, accuracy or opinions expressed on software vendor websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The use of a software vendor demo embed does not imply approval or endorsement of the linked website by Next Tech.
Before using a software vendor's product demo, please ensure you have read and agree with their terms of service and privacy policy.
There may be information on the Service that contains typographical errors, inaccuracies, omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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 agree to defend, indemnify, and hold Next Tech harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- 1.use of the Site;
- 2.breach of this Agreement;
- 3.any breach of your representations and warranties set forth in this Agreement;
- 4.your violation of the rights of a third party, including but not limited to intellectual property rights; or
- 5.any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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.
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
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.
Last updated August 11th, 2020.
Last modified 3yr ago