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Terms of Service

Last updated: Last updated: December 2024

Welcome to NextJenga. These Terms of Service ("Terms") govern your access to and use of the NextJenga platform, including our website builder, hosting services, and related features. Please read these Terms carefully before using our platform.

Agreement to Terms

By accessing or using NextJenga, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the platform. These Terms constitute a legally binding agreement between you and NextJenga.

Definitions

"Platform" means the NextJenga website builder service and all related tools. "User" means any individual or entity that creates an account. "Site" means a website created using the Platform. "Content" means any text, images, media, or data uploaded to or created on the Platform. "End User" means any visitor to a Site created on the Platform.

Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use NextJenga. By creating an account, you represent that you meet these requirements and have the legal capacity to enter into these Terms.

Account Registration

To use NextJenga, you must create an account with accurate and complete information. You may register using email and password or through supported third-party authentication providers.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access.

You may not create multiple accounts for the purpose of circumventing platform limits, share account credentials with unauthorized parties, or impersonate any person or entity.

Services and Features

NextJenga provides a visual drag-and-drop website builder powered by Puck, AI-assisted page generation, template libraries, and content management tools. Feature availability varies by subscription plan.

We host your sites on Vercel's global edge network. Sites are accessible via NextJenga subdomains or your custom domains. We strive for 99.9% uptime but do not guarantee uninterrupted service.

The platform integrates with third-party services including Stripe for payments, Cloudinary for media, and others. Your use of these services is subject to their respective terms and policies.

Subscriptions and Payments

NextJenga offers free and paid subscription plans. Each plan includes specific features, site limits, and storage quotas as described on our pricing page. We reserve the right to modify plan offerings.

Paid subscriptions are billed in advance on a monthly or annual basis through Stripe. All fees are in US dollars unless otherwise specified. You must provide valid payment information.

Subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged at the then-current rate. We will notify you of any price changes before renewal.

We offer refunds within 14 days of initial purchase for paid plans. Refund requests after 14 days are evaluated on a case-by-case basis. Partial-month refunds are not provided for cancellations.

You are responsible for all applicable taxes associated with your subscription. Prices displayed may not include taxes, which will be calculated at checkout based on your location.

Your Content

You retain all ownership rights to the content you create and upload to NextJenga. By using the platform, you grant us a limited license to host, display, and deliver your content as necessary to provide our services.

You are solely responsible for your content and the sites you create. You must ensure your content does not violate any laws, infringe on intellectual property rights, or contain harmful material.

While we maintain regular backups, you are responsible for maintaining your own copies of important content. We are not liable for any loss of content due to service interruptions or account termination.

Acceptable Use

You agree not to use NextJenga for any unlawful purpose, to distribute malware or harmful code, to send spam or unsolicited communications, to infringe on intellectual property rights, to harass or harm others, or to attempt to gain unauthorized access to our systems. Violation of these terms may result in immediate account termination.

Intellectual Property

NextJenga, including its design, code, features, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute any part of our platform without permission.

Templates and UI components provided by NextJenga are licensed for use within sites built on our platform. This license does not extend to redistributing or reselling these assets outside of NextJenga.

If you provide feedback, suggestions, or ideas about the platform, you grant us a non-exclusive, perpetual, irrevocable license to use, modify, and incorporate that feedback without compensation or attribution.

Privacy and Data

Your use of NextJenga is also governed by our Privacy Policy. As a site owner, you are responsible for complying with applicable privacy laws regarding the data you collect from your end users. You must provide appropriate privacy notices on your sites.

Third-Party Links and Services

Sites built on NextJenga may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of these external resources. Your interaction with third-party services is at your own risk.

Disclaimers

NextJenga is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, NextJenga shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold harmless NextJenga, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the platform, your content, your sites, or your violation of these Terms.

Term and Termination

These Terms remain in effect for as long as you have an active NextJenga account or continue to use the platform.

You may terminate your account at any time through your account settings or by contacting support. Active subscriptions will remain accessible until the end of the current billing period.

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay subscription fees. We will provide notice when possible.

Upon termination, your right to use the platform ceases. Your sites will be taken offline. We may retain certain data as required by law or for legitimate business purposes for up to 30 days.

Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

Modifications to Services

We may modify, suspend, or discontinue any part of the platform at any time. We will provide reasonable notice for significant changes. We are not liable for any modification, suspension, or discontinuation of services.

Dispute Resolution

Before filing any legal claim, you agree to contact us at support@nextjenga.com and attempt to resolve the dispute informally for at least 30 days.

These Terms are governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Any legal proceedings arising from these Terms shall be brought in the courts of competent jurisdiction. You consent to the personal jurisdiction of such courts.

General Provisions

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and NextJenga regarding the platform.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations without restriction.

We may send notices to the email address associated with your account. You may send notices to support@nextjenga.com.

Contact Information

For questions about these Terms of Service, please contact us at support@nextjenga.com.
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