Terms Conditions

ACCEPTANCE OF TERMS

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Welcome to NexTap! www.thenextap.com ("NexTap", “we”, “us”) provides technology-enabled services, including our Software as a Service offering branded as NexTap, accessible through the website at https://www.nextap.com , any Kiosk Apps (as defined below), any Mobile Apps (as defined below), and other related software, content, and services, collectively referred to as the "Services." Your use of the Services is subject to and governed by the terms and conditions set forth in this Terms of Service ("TOS"). NexTap reserves the right to update this TOS at its discretion, and the most current version can be accessed and reviewed at the URL for this page or by clicking on the "Terms of Service" link within the Services, or as otherwise made available by NexTap.

Binding Arbitration

This TOS includes a mandatory binding arbitration provision that requires you to resolve any dispute or claim arising out of, or relating to this TOS or your access to or use of the services through arbitration Please carefully review section “Limitation of Liability”. To understand your rights and obligations regarding the resolution of any such claims. Arbitration will be conducted on an individual basis and not as a part of a class consolidated, or representative action.

Eligibility

By using our Products or Services, you represent and warrant that you:

• A. Are of legal age to form a binding contract
• B. Have the right, authority, and capacity to agree to and abide by this TOS
• C. Are not prohibited from using the Services under the laws of any applicable jurisdiction.

Please note that the Services are not intended for users under the age of 13, and such users are expressly prohibited from submitting any personal data or using any aspect of the Services. By using the Services, you further confirm, represent, and warrant that you are 13 years of age or older.

NexTap is committed to compliance with the Children's Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and believe that NexTap has inadvertently collected personal information from your child under the age of 13, please contact us immediately at [email protected] , and we will take appropriate steps to remove such information from our records.

1. RIGHTS

• 1. License and Usage
  Subject to your compliance with this TOS, NexTap grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes. Your use of the Services must comply with any usage guidelines provided by NexTap.
• 2. Mobile Apps
  NexTap may offer mobile software applications ("Mobile Apps") for certain components of the Services. Your use of the Mobile Apps is subject to this TOS. If you download the Mobile Apps from the iTunes App Store or Google Play Store, you also agree to comply with their respective terms and conditions.
• 3. Kiosk Apps & NexTap Platform
  NexTap may provide kiosk software, and NexTap HMS application ("App") for accessing and using specific Services. Your use of both - Kiosk and HMS App is governed by this TOS.
• 4. Trademarks
  You are not permitted to use any NexTap names, brands, trademarks, service marks, or logos ("Marks") without explicit authorization. NexTap reserves all rights to the Marks. You shall not alter or remove any proprietary notices or Marks displayed on the Services.
• 5. Customer Services
  NexTap's Services allow our customers, such as hotels, apartment buildings, and office buildings, to offer services to users. The services provided by NexTap's customers are solely determined by them, and NexTap shall not be liable for any modifications, unavailability, or discontinuation of such services.

2. PRIVACY

Alongside this NexTap Terms of Service ("TOS"), our Privacy Policy, accessible at http://www.nextap.com/privacy-policy ("Privacy Policy"), governs the processing of information provided through our Services. By accessing or using the Services, you acknowledge and consent to the collection, use, disclosure, storage, sharing, and processing of certain information, including personal data, as outlined in the Privacy Policy. NexTap will handle your personal data in accordance with the provisions of the Privacy Policy.

3. PROPRIETARY RIGHTS

By using the NexTap services, you grant NexTap and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made all content you provide in connection with the Services, in any form and medium (whether currently known or later developed). This license allows us to process and transmit data associated with the Services, which may involve transmissions over various networks and across borders, as well as modifications to conform, connect, and adapt to the technical requirements of networks or devices.

You understand and acknowledge that the Services provided to you are licensed, not sold, and NexTap retains and reserves all rights not expressly granted in this Terms of Service ("TOS"). As between you and NexTap, NexTap and its licensors own all rights, title, and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. NexTap reserves all rights not expressly granted to you in this TOS. For security reasons, you must not share your account or password with anyone. You are solely responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or password or any other breach of security, promptly notify NexTap. In the event that your account remains inactive for three months or longer, NexTap reserves the right to suspend or terminate your account, with or without prior notice, and delete your content, all without incurring any liability.

4. USER CONDUCT & RESTRICTIONS

A. When using the NexTap services, you are required to adhere to the following conduct and restrictions:

• Prohibited Use
  You must not use, reproduce, modify, adapt, create derivative works, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer, or grant rights to the Services, except as expressly permitted under this Terms of Service ("TOS").
• No Reverse Engineering
  You must not attempt to reverse engineer, disassemble, decompile, translate, or derive trade secrets, algorithms, or the source code, architectural framework, or data records associated with the Services.
• Integrity and Performance
  Do not interfere with or disrupt the integrity or performance of the Services, including disrupting the ability of others to use or enjoy the Services.
• Unauthorized Sharing
  You may not provide the Services on a service bureau, rental, or managed services basis, create Internet "links" to the Services, or "frame" or "mirror" the Services on any other server or device.
• No Competition
  You must not access the Services to develop, market, sell, or distribute any product or service that competes with or includes features substantially similar to the Services.
• Compliance with Laws
  Abide by all applicable local, state, provincial, federal, and international laws and regulations. Do not use the Services for illegal, unauthorized, or improper purposes, including storing or transmitting malicious code or violating third-party privacy rights.
• No Removal of Notices
  Do not remove or obscure any proprietary notice within the Services.
• No Impersonation
  You must not impersonate any person or entity, including NexTap personnel, or misrepresent your affiliation with NexTap or any other entity or person.
• No Manipulation of Identifiers
  Do not forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Services.
• No Overloading
  Refrain from taking actions that impose an unreasonable or disproportionately heavy load on the Services or its infrastructure.
• No Automated Tools
  Do not use spiders, crawlers, robots, scrapers, automated tools, or similar means to access the Services or download, reproduce, or archive a substantial portion of the Services.

B. As a user of NexTap's services, you must adhere to the following content restrictions:

• Prohibited Content:
  You must not upload, post, email, store, transmit, or make available any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable.
• Confidential Information:
  Do not share content that may not be made available under any law or under contractual or fiduciary relationships, such as confidential or proprietary information learned through employment or non-disclosure agreements.
• Intellectual Property:
  Respect intellectual property rights and refrain from sharing content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Unsolicited Advertising:
  Avoid posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation.
• Malicious Content:
  Do not share content that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware.
• Unlawful or Tortious Material:
  Content must not consist of infringing, libelous, or otherwise unlawful or tortious material.
• Accuracy of Information:
  Ensure that the information you share is true and accurate, and refrain from sharing information that you know or have reason to know is false or inaccurate.

C. NexTap's non-enforcement of these restrictions or guidelines does not constitute a waiver for future enforcement. Such non-enforcement shall not be construed as a breach of the Terms of Service and does not grant any other party the right to take legal action.

5. FEEDBACK

If you choose to provide NexTap with any feedback, including suggestions, comments, ideas, improvements, or other input concerning the Services ("Feedback"), you agree that NexTap shall have ownership of the Feedback and may use it without any obligation to provide credit or compensation to you. NexTap may use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or grant rights in your Feedback in any form and medium, whether currently known or developed in the future.

6. THIRD PARTY MANAGEMENT

The Services may include or provide access to products, services, content, or offerings from third-party providers, including advertisements for such offerings ("Third-Party Services"). You acknowledge that your use of Third-Party Services may be governed by different terms of use and privacy policies, which are solely between you and the respective third-party provider. You agree that NexTap does not endorse or accept responsibility for any issues related to Third-Party Services.

7. INDEMNIFICATION

You agree to indemnify and hold NexTap, its affiliates, and each of their officers, directors, employees, agents, partners, and licensors (collectively referred to as "NexTap Parties") harmless from and against any and all losses, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, arising from or in connection with any third-party claim, demand, or action resulting from:

(a) The content you submit to NexTap.

(b) Any breach of the Terms of Service ("TOS"), any applicable laws or regulations, or infringement upon the rights (including intellectual property rights) of any other party.

(c) Your utilization of the Services, except as explicitly authorized in this TOS.

You agree to promptly notify NexTap of any such claims and cooperate with NexTap in defending such claims. NexTap reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any claim without the prior written consent of NexTap.

8. WARRANTY DISCLAIMER

Your utilization of the services provided by NexTap is subject to this disclaimer. The services are offered on an "as is" and "as available" basis, with all possible flaws. To the fullest extent permitted by applicable law, NexTap Parties explicitly disclaim all warranties, whether express or implied, or arising from statute, course of dealing, usage of trade, or otherwise. These warranties include, but are not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title, and non-infringement.

NexTap Parties make no warranty or representation that:

(i) The services will meet your specific requirements

(ii) Access to the services will be uninterrupted, timely, secure, virus-free, or error-free

(iii) The information and any results that may be obtained from accessing or using the services will be accurate, reliable, current, or complete.

All content made available through the services is provided for informational purposes only. You are solely responsible for verifying the accuracy of all content before taking any action or relying on it.

Please note that this disclaimer of warranty may not be valid in some jurisdictions, and you may have warranty rights under the law that cannot be waived or disclaimed. Any such warranties, if applicable, extend only for thirty (30) days from the effective date of this agreement unless such law provides otherwise.

9. LIMITATION OF LIABILITY

NexTap and its affiliated parties ("NexTap Parties") shall not be held liable for any lost profits, loss of data or goodwill, or cost of cover, or for any indirect, incidental, special, exemplary, punitive, or consequential damages arising from any type or manner of commercial, business, or financial loss. This includes damages resulting from any claim based on contract, warranty, tort (including negligence), strict liability, or otherwise, even if NexTap Parties had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable.

In no event shall NexTap Parties' total liability to you for any and all claims arising from or relating to this Terms of Service (TOS) or your access to or use of (or inability to access or use) the Services or content exceed the amount paid by you to NexTap for access to the Services within the twelve (12) months immediately preceding the date on which the applicable claim(s) arose.

The limitations, exclusions, and disclaimers mentioned above shall apply regardless of whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent necessary to make the limitation compliant with applicable law. The parties further agree that the limitations on liabilities set forth herein are agreed allocations of risk, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.

SUSPENSION and TERMINATION

Either party has the right to terminate this TOS at any time.

In the event of your violation of this TOS, NexTap may, with or without notice to you, immediately suspend or terminate your access and use of the Services.

NexTap reserves the right, at any time, to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and NexTap shall not be liable to you or any third party for any such modification or discontinuance.

Upon termination of this TOS for any reason:

(i) NexTap, in its sole discretion, may remove and discard your content and information

(ii) you will immediately cease your use of the Services

(iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.

Additionally, you agree that NexTap shall not be liable to you or any third party for any termination of your account or access to the Services.

10. GOVERNING LAW

This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA), shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.

11. BINDING ARBITRATION AND CLASS ACTION WAIVER

Any claims arising in connection with this agreement shall be resolved through final and binding arbitration, except for claims that may be brought in a small claims court (defined for the purposes of this TOS as a court of limited jurisdiction that may only hear claims not exceeding $5,000) if within the court's jurisdiction. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited.

The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its then-applicable Commercial Arbitration Rules or, if applicable, its Consumer Arbitration Rules. Details of the AAA's rules can be found at http://www.adr.org/.

All filing, administration, and arbitrator fees shall be governed by the AAA's rules. The arbitration shall take place in the English language before a single independent and neutral arbitrator. If an in-person hearing is necessary as part of the arbitration, it shall be held in Austin, Texas, or another location reasonably convenient to both parties, as determined by the arbitrator, with due consideration of their ability to travel and other pertinent circumstances. The arbitrator's decision shall be final and binding, and the arbitral award may be entered in any court of competent jurisdiction.

Both parties agree that all claims shall be resolved only on an individual basis and not in a class, consolidated, or representative action or any other similar process, including arbitration. If, for any reason, a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial and agree that the claim shall be brought only in a court of competent jurisdiction in Austin, Texas.

Both parties submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens, or any similar grounds with respect to any such claim. Notwithstanding anything to the contrary, both parties may seek injunctive relief and other equitable remedies from any court of competent jurisdiction to protect their intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in the Section 9.

In the event of any material change to this Section 9 by NexTap, such change shall not apply to any claim for which you provided written notice to NexTap before the implementation of the change.

12. LEGAL COMPLIANCE

You hereby affirm and guarantee that you shall adhere to all relevant foreign, federal, state, and local laws, rules, and regulations, including, but not limited to, U.S. export laws and the import and use laws of the country where the Licensed Material is delivered or utilized. Additionally, you further affirm that you do not fall under the following categories:

1. Located in a country subject to the U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country

2. Listed in any U.S. Government roster of prohibited or restricted parties, including the Specially Designated Nationals List.

13. US GOVERNMENT ENTITIES

This section pertains to the access to or use of the Services by any branch or agency of the United States Government. The Services include "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. 12.212 and qualify as "commercial items" according to 48 C.F.R. 2.101. NexTap provides these items to the United States Government for acquisition:

(a) By or on behalf of civilian agencies, in compliance with the policy outlined in 48 C.F.R. 12.212; or
(b) By or on behalf of units of the Department of Defense, in accordance with the policies stated in 48 C.F.R. 227.7202-1 and 227.7202-3.

The United States Government shall acquire only the rights specified in this Terms of Service (TOS) with respect to these items, and any access to or use of the Services by the United States Government indicates:

(i) Agreement by the United States Government that these items are "commercial computer software" and "commercial computer software documentation" as defined herein; and

(ii) Acceptance of the rights and obligations set forth in this TOS. Procedure for Making Claims of Copyright Infringement If you believe that your work has been made available through the Services in a manner that constitutes copyright infringement, please provide NexTap's Agent for Notice of Copyright Claims with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) A description of the material that you claim is infringing and where that material may be accessed within the Services;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact NexTap's Agent for Notice of Copyright Claims. You can reach NexTap's Agent for Notice of Copyright Claims as follows:

Email: [email protected]

14. CALIFORNIA USERS & RESIDENTS

Pursuant to California Civil Code §1789.3, you have the right to report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact the unit in writing at [email protected]

15.GENERAL PROVISIONS

This Terms of Service (TOS) constitutes the entire agreement between you and NexTap regarding your access to and use of the Services, superseding all prior and contemporaneous oral or written negotiations and agreements pertaining to the subject matter herein. In case of any conflict between this TOS and any end-user license agreement, privacy policy, or usage guidelines referenced herein, the terms and conditions of this TOS shall prevail and govern. Any amendments to this TOS must be executed in writing by you and an authorized representative of NexTap.

Except as expressly provided in this TOS, no third-party beneficiaries are intended to benefit from this agreement. The terms "such as," "include," "includes," and "including" shall be interpreted as "without limitation" for the purposes of this TOS. You may not assign or delegate any right or obligation under this TOS without the prior written consent of NexTap.

The failure of NexTap to enforce any right or provision of this TOS shall not be construed as a waiver of such right or provision. If any provision of this TOS is deemed invalid or unenforceable under applicable law, such provision shall be construed, limited, modified, or severed to the extent necessary to eliminate its invalidity or unenforceability without affecting the remaining provisions of this TOS.

Any prevention of or delay in performance by NexTap due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire, casualty, or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of such prevention or delay.