Terms of Service

Welcome to Nexgen’s Terms of Service!

By accessing Nexgen’s website or using any of our services, you agree to these Terms of Service in full. If you do not agree with these terms, please discontinue the use of our website immediately.

These Terms of Service ("Terms") govern your use of and access to Nexgen’s Website and related domains, products, services, tools, and features (collectively, the "Services"). This includes managed website services (using third-party hosting), digital marketing, website development, old website redesign, and urgent technical support.

By accessing or using our Website and Services, you agree to comply with these Terms, our Privacy Policy, and any other policies referenced herein. If you are using the Services on behalf of a company or organization, you confirm that you are authorized to accept these Terms on behalf of the organization.

If you do not agree to these Terms, you may not access or use our Services.

In these Terms, "Nexgen," "we," "us," and "our" refer to Nexgen, and "you" or "your" refers to you as the user of the Services.

1. Changes to the Terms

Nexgen reserves the right to amend these Terms at any time without prior notice. You are encouraged to review this page regularly to stay informed of any updates, as continued use of our services after changes constitutes acceptance of the new terms.

2. Information Published on the Website

Nexgen takes reasonable steps to ensure that information on our website is accurate and up-to-date. However, we do not warrant the accuracy, completeness, or reliability of any information provided on the website. You assume all risks associated with the use of any content obtained from the website.

3. Intellectual Property

Nexgen owns all intellectual property rights in the materials published on this website, including designs, templates, and content. No content may be reproduced, distributed, or commercially used without express written permission from Nexgen.

4. Third-Party Links and Services

Nexgen utilizes trusted third-party services such as Google Analytics, Cookiebot, HubSpot, and Calendly to improve user experience, manage cookies, facilitate customer interactions, and enable appointment scheduling. By using our website, you acknowledge that these third-party services may collect, process, and store data according to their own privacy policies. Please review these third parties' privacy policies before using our services, especially when scheduling through Calendly or interacting with our forms and chat provided by HubSpot.

5. Your Content

Any content you provide remains yours, but you grant us permission to use it in providing and improving our services, such as managing your website or social media accounts. This allows us to display, edit, or share your content as necessary for delivering the services you’ve requested.

5.1 Ownership of Your Content. You retain ownership of all content (text, images, videos, etc.) that you share with us for use in connection with our Services (“User Content”). By sharing this content, you grant us a license to use it solely for the purposes of providing, improving, and promoting our Services, including web design, content management, and marketing activities.

5.2 License to Your Content. By submitting User Content, you grant Nexgen a non-exclusive, worldwide, royalty-free, sublicensable license to host, display, and distribute your content as needed for providing the requested services. This license ends when you remove your content or terminate your use of our services.

5.3 Client Indemnity. You agree to indemnify and hold harmless Nexgen and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to any content you provide, your use of the Services, or your violation of these Terms.

6. Privacy and Data Protection

Your use of our website and services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal data. Nexgen complies with GDPR, CCPA, and other applicable data protection laws.

7. Payment Terms

Our services are subscription-based, and you are responsible for maintaining your payments to continue using them.

7.1 Fees. You agree to pay all fees associated with your use of our Services as outlined in your subscription plan. Fees are subject to change, and we will notify you of any changes in advance.

7.2 Cancellations and Refunds. You may cancel your subscription at any time. If you are a resident of the European Union, you have the right to a full refund if you cancel within 14 days of purchasing any service, as per EU Consumer Rights Directive 2011/83/EU. Refunds for other clients will be at the discretion of Nexgen.

8. Termination of Use

Nexgen reserves the right to suspend or terminate your access to our website and services at any time, for any reason, including but not limited to violation of these Terms.

9. Limitation of Liability

Nexgen’s total liability to you for any claim arising out of or related to the Services shall not exceed the amount you have paid to Nexgen in the past 12 months. This limitation of liability does not apply in cases of gross negligence, willful misconduct, or breaches of applicable data protection laws.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Ukraine. Any disputes arising from these Terms or the use of our services shall be subject to the exclusive jurisdiction of the courts in Ukraine.

If you have any questions about our Website or these Terms, please contact us at legal@nexgenbrand.com.