TERMS OF SERVICE

This agreement is between NextGEN ("NextGEN" and "we") and you (you or your Company collectively or "customer"). "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. Please read this term carefully before using our service. If You do not agree with the terms of this Agreement, do not use and discontinue using the Service. NextGEN reserves the right to update and change the Agreement from time to time without immediate notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, you accept this agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. DESCRIPTION OF SERVICE

NextGEN is in the business of providing services including service, product websites, chat, desktop applications, or mobile applications that allow You access to and use of a single NextGEN account. NextGEN Account allows you to use all products provided by and connected to the Service.

Our goal is to provide you with the best access possible to our products. NextGEN will provide the service in accordance with this agreement. NextGEN may at its sole discretion modify the features of the Service from time to time without prior notice or acceptance, however, we will do our best to make regular announcements containing such modifications and added features.

2. REGISTRATION

To use the Service, you must register a valid NextGEN account on your behalf (also referred to as "Account"). In the registration process, you agree to:

1. Provide certain information about you as prompted to do so by the Service (Please make sure to keep it current, complete and accurate.
2. Maintain and update this information as required to keep it current, complete and accurate.
3. Do not register if you are below age 13. If your age is from 13 to 15 (inclusive), parent or guardian must be aware of registration to NextGEN website and its services.
4. Make sure you are allowed to use NextGEN Services by checking local laws.

NextGEN assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or NextGEN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NextGEN has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

Registration, access, and the use of multiple next-gen.dev Accounts by the same person or entity are prohibited. Companies and teams that require the use of multiple accounts may be exempted from this rule by prior permission granted by next-gen.dev.

You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

3. INFORMATION EXCHANGES

You understand and agree that the Service may include certain communications from NextGEN, such as service announcements, product updates, and administrative messages, and that these communications are considered part of the Service and You will not be able to opt-out of receiving them. Other types of communications involving marketing or promotional emails are optional and you will be given a choice to unsubscribe.

4. GENERAL RULES OF CONDUCT

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national, U.S. and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by NextGEN in its sole and absolute discretion) that:
• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains, distributes or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of hardware and software; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding NextGEN or NextGEN’s Services.
4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by NextGEN.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies, except where expressly authorized by NextGEN.
6. You will not access NextGEN Content (as defined below) or User Content through any technology or means other than through this Site itself, or as NextGEN may designate.
7. You agree to back-up all of your User Content so that you can access and use it when needed, including technologies which our Services interact with. NextGEN does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
8. You will not re-sell or provide the Services for a commercial purpose, including any of NextGEN’s related technologies, without NextGEN express prior written consent.
9. You will not create multiple accounts to get free and trial Services.

5. DATA PROTECTION

NextGEN understands and acknowledges that Clients may submit or store confidential information to NextGEN's Services, therefore, NextGEN will hold all Client submitted data in confidence, and will not copy, use, or share Client data with any person or entity outside of NextGEN and its employees without the express written authorization of the Client.

6. NO WARRANTIES

By using NextGEN service, you agree that NextGEN will make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. NextGEN makes no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. The services and all content is provided to you strictly on an "as is" basis. We do not represent or warrant that: (i) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet your requirements or expectations, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (iv) errors or defects will be corrected.

7. MODIFICATION TO TERMS AND SERVICE

NextGEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice at any time. You agree that NextGEN shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

8. REFUND POLICY

At NextGEN, we are committed to providing the best service possible, at all times. In the unlikely event of a coding error or delay on our part, we promise to provide a quick response to rectify the situation and work with you to resolve it.

If you're unsatisfied with the work we've done, we may refund partially or fully depending on the circumstances. Custom software development and large projects are not generally refundable. If the product can be used after a refund, it's unlikely we'll issue a refund.

1. All customers who wish to return products or services must notify one of our sales representatives of their intent within 14 days after receiving the products or services.
2. We require proof of purchase to validate your return request. E.g., messaging us from the same account the ordered was placed from.
3. Services may be refunded only if you notify us of the defect. If we cannot fix the issue in 8 days, we may refund depending on the type of the service.

We at NextGEN will do our best to resolve any issue, so if you have any issues or questions at all, please message our fully dedicated customer support team.

9. INTELLECTUAL PROPERTY RIGHTS

Each party (You and NextGEN) retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Except for the rights expressly granted herein, nothing in the Agreement or the performance thereof shall convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by NextGEN or its Third Party Licensors. NextGEN’s intellectual property and proprietary rights include any skills, know-how, modifications or other enhancements developed or acquired in the course of configuring, providing, or managing the Service. You agree that you will not, and will not attempt to, directly or indirectly, modify, alter, tamper with, repair, reverse engineer, disassemble, decompile or apply any other process or procedure to derive the source code or create derivative works of any software, information, material, services, or technology of NextGEN or its Third Party Licensors.

10. SUSPENSION OF THE SERVICE

You will be terminated if you violate this Agreement by NextGEN. You will be deemed to be in breach of this Agreement and NextGEN will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software or Services are not paid within fifteen (15) days of their becoming due. NextGEN shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Section.

NextGEN shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in Your possession or control; and (b) NextGEN shall also have the right to cease providing the Services to You. NextGEN may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by NextGEN.

11. INDEMNITY

You agree to indemnify, defend and hold harmless next-gen.dev, its affiliates, officers, directors, employees, and consultants from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other rights of any person or entity.

CONTACT US

If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us at nextgentech@yandex.com .