Nextup.ai Terms of Service
Effective as of March, 15, 2018
The following terms and conditions govern all access to and use of the Nextup.ai web application, the www.nextup.ai website (“Website”) and service (together, the “Nextup.ai Service”) including all content, services and products available at or through the Nextup.ai Service.
Please read the Agreement carefully before accessing or using the Nextup.ai Service. Your accessing or using any part of the Nextup.ai Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Nextup.ai Service.
1. Nextup.ai Service
The Nextup.ai web application allows you to connect your ticketing platform(s) with chat programs to facilitate your workflows and save you time.
Nextup.ai may also, in the future, update current services and/or features or offer new services and/or features to the Nextup.ai Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
Access to the Nextup.ai Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Nextup.ai Service at any time without notice.
After an initial free trial period, if any, your use of the Nextup.ai Service and your access to the data and information stored in your Nextup.ai Account requires a paid subscription. You can cancel your subscription at any time by contacting customer success team using firstname.lastname@example.org email.
Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or the Nextup.ai Service itself.
If you have any questions, comments or requests regarding your subscription, please email email@example.com.
2. Chat Program Service
Nextup.ai and your chat program provider (Slack Technologies Inc, Microsoft Inc, Google LLC, Atlassian Inc) the provider of the communication service, ("Chat Provider") are different entities. There is no relationship between Nextup.ai and Chat Provider, other than Nextup.ai being a licensee and user of the Chat Provider API for the purpose of providing the Nextup.ai Service. Chat Provider is not responsible for the Nextup.ai Service and will not provide support for the Nextup.ai Service.
These terms do not apply to your use of the Chat Provider services. Such use is governed by the Chat Provider Terms of Service available on the providers website.
3. Use of Nextup.ai Service and Creation of Nextup.ai Account
In order to use the Nextup.ai Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
You may create a Nextup.ai Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity (your “Company”) which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Chat Provider Terms of Service).
You are responsible for maintaining the security of your Chat Provider Account (including your username and password), and you are fully responsible for all activities that occur under your Chat Provider Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Nextup.ai of any unauthorized uses and users of your Chat Provider Account integrated with the helpdesk or any other breaches of security. Nextup.ai will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Nextup.ai Service and in the material published on it. We grant you:
- a limited, non-exclusive, revocable license to make use of the Nextup.ai Service (excluding the Website); and
- a limited, non-exclusive, revocable license to make personal, non-commercial use of the Website and the material published on it.
These licenses shall terminate when the Agreement terminates in accordance with Section 7 (Termination).
The Agreement does not transfer any of Nextup.ai’s or any of Nextup.ai’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with Nextup.ai or Nextup.ai’s licensors (as applicable).
All Nextup.ai trademarks, service marks, trade names, logos, domain names, and any other features of the Nextup.ai brand are the sole property of Nextup.ai. Your use of the Nextup.ai Service grants you no right or license to reproduce or otherwise use any of Nextup.ai’s trademarks, service marks, trade names, logos, domain names or any other features of the Nextup.ai brand, whether for commercial or non-commercial use.
5. Third Party Sites
The Nextup.ai Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the Nextup.ai Service following the notification of any changes to the Agreement constitutes acceptance of those changes.
Nextup.ai may terminate the Agreement and suspend your access to all or any part of the Nextup.ai Service immediately by contacting you at your email address on record if:
- you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
- we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cancel your Nextup.ai Account.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Nextup.ai Service.
8. Disclaimer of Warranties
To the maximum extent permitted by law, the Nextup.ai Service is provided “as is” and “as available”. Nextup.ai hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Nextup.ai does not warrant that the Nextup.ai Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Nextup.ai Service at your own discretion and risk.
We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service advertised or offered by a third party on or through the Nextup.ai Service.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
9. Limitation of Liability
In no event will Nextup.ai be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.
Nextup.ai shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. Representations and Warranties
You represent and warrant that your use of the Nextup.ai Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
- you will comply with the Chat Provider Terms of Service at all times;
- you will provide us with accurate information (where required);
- you will not use the Nextup.ai Service in the event of an emergency;
- you will not use the Nextup.ai Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Nextup.ai Service;
- you will not infringe our intellectual property rights or those of any third party in relation to your use of the Nextup.ai Service;
- you will not do any of the following in relation to your use of the Nextup.ai Service:
- be obscene, offensive, hateful or inflammatory,
- defame any person,
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
- promote violence,
- promote any illegal activity,
- promote sexually explicit material,
- disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
- harass, upset, embarrass, threaten, alarm or annoy any other person,
- be likely to mislead or deceive any person,
- impersonate any person, or misrepresent your identity or affiliation with any person,
- contain any advertising or promote any services or web links to other sites;
- you will not use the Nextup.ai Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Nextup.ai Service.
You agree to indemnify and hold harmless Nextup.ai and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Nextup.ai Service, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Nextup.ai and you concerning the provision of the Nextup.ai Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
13. Governing Law
Any claim relating to Nextup.ai shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
If you have any questions, comments or requests regarding the Agreement, please email firstname.lastname@example.org.