Welcome to Nextsale, a website provided by Exelient, Inc. This page explains the terms by which you may use our online services. Please read these Terms of Service carefully before using Nextsale (the "Service").By accessing or using the Service, or by clicking a button or checking a box marked “I Agree”, you signify that you have read, understood, and agree to be bound by these Terms and Conditions and to the collection and use of your information, whether or not you area registered user of the Service. These Terms apply to all visitors, users, and others who access the Service (“Users”). If you disagree with any part of the terms then you may not access the Service.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Nextsale’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on Nextsale’s website;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nextsale at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Accounts

In order to use the Service, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together,“ID”). When you create an account with us, you must provide us information that is accurate, complete, and current at all times. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You are responsible for any and all activity that occurs on your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Privacy

We care about the privacy of our Users. Our collection and use of your information and information regarding Customers is governed by our Privacy Policy, located at https://nextsale.io/privacy-policy. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, including the transfer of this information to United States for storage, processing and use by us.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Newark, Delaware and you irrevocably submit to the exclusive jurisdiction ofthe courts in that State or location. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreementswe might have between us regarding the Service.

Indemnity

We will indemnify, defend and hold harmless Client from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Client to the extent based on an allegation that the Company’s technology used to provide the Services to the Client infringes or misappropriates any copyright, trade secret, patent or trademark right of a third party that is issued or registered in the United States. The Company shall not be required to indemnify Client in the event of: (a) modification of the Services by Client, its employees, or contractors in conflict with Client’s obligations or as a result of any prohibited activity as set forth herein; (b) use of the Services in a manner inconsistent with the Documentation; (c) use of the Services in combination with any other application, product, or service not provided by the Company if such claim would not have occurred without such combination; or (d) use of the Services in a manner not otherwise contemplated by these Terms.

Disclaimer of Warranty

The materials on Nextsale’s website are provided on an ‘as is’ basis, exclusive of any warranty whatsoever. Nextsale makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Nextsale does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Fees

We will charge you fees for your use of the Service. You agree to pay any and all Fees specified in an ordering document or online order for your access and use of the Service. For the most current information about our pricing and payment, pleasereview ourPricing Terms. Nextsale may add new services for additional fees and charges, and add or amend fees and charges for existing services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing Terms. Any change to our Pricing Terms shall become effective in the billing cycle, however, if we have offered a specific duration and Fees for your use of the Service, we agree that the Fees will remain in force for that duration.

Subscription

We offer several subscription plans with differing conditions and limitations. Your Nextsale subscription continues on a monthly or yearly basis depending on the plan right until we terminate it or you reject the plan. In order to use Nextsale services you are required to provide us with current and valid method of payment. Payments for Shopify stores are being handle directly with Shopify via Shopify Billing API.

It is important to note that you have to cancel the subscription before it renews each billing cycle to avoid being billed for the next billing cycle.

Cancellation/Refunds

You can cancel your subscription at any time. Term by contacting us at support@nextsale.io. You may cancel your User Account or the services at your sole discretion; however, the Service grants refunds for cancellation at its sole discretionand you acknowledge and agree that you may not be refunded any Fees for your cancellation of your User Account and the services. In the event that Nextsale suspends or terminates your User Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchangefor any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or foranything else.

Modifications

We are entitled to modify or update the Services from time to time in order to adaptit technically, to change menu guidance or layouts or to expand or limit functionality.

Contact Us

If you have any questions about these Terms, please contact us via support@nextsale.io