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Terms of Service

Effective Date: August 29, 2024

Introduction

Navedas Technology Solutions Inc., including its affiliates and subsidiaries (“NextBid.ai,” “we,” “us,” or “our”), provides you with access to our website, software, APIs, mobile applications, devices, and other products or services (collectively referred to as “NextBid.ai Offerings”). These Terms of Service (“Terms”) govern your access to and use of the NextBid.ai Offerings. By accessing or using the NextBid.ai Offerings, you agree to be bound by these Terms, NextBid.ai's Privacy Policy, and any other terms incorporated by reference.

These Terms do not alter any other written agreement you may have with NextBid.ai regarding the NextBid.ai Offerings. If you are using the NextBid.ai Offerings on behalf of an organization, you represent that you have the authority to bind that organization and its affiliates to these Terms. If you do not have such authority or do not agree with these Terms, you must not use the NextBid.ai Offerings.

In the event of a conflict between these Terms and any other written agreement with NextBid.ai, the latter shall prevail.

Eligibility and Account Management

To use the NextBid.ai Offerings, you must be at least 18 years of age or the age of legal majority in your jurisdiction. If you are under 18, you may only use the NextBid.ai Offerings under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

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  • Are at least 18 years old or of legal age in your jurisdiction.
  • Have not been previously suspended or removed from the NextBid.ai Offerings.
  • Do not have multiple accounts unless assigned by NextBid.ai.
  • Have the authority to accept these Terms.

Some NextBid.ai Offerings may require you to register and create an account. If registration is required, you must:

  • Create an account and password on NextBid.ai's website.
  • Agree to these Terms.
  • Provide accurate and current information.
  • Maintain the security of your password and account.
  • Promptly notify us of any security breaches.

You may not share your account or password with anyone else, nor may you transfer your account without our written consent.

Intellectual Property Rights

NextBid.ai retains all rights, title, and interest in and to the NextBid.ai Offerings and all associated content, including logos, designs, text, graphics, and software (collectively, “NextBid.ai Content”).

If you provide suggestions, comments, or feedback regarding the NextBid.ai Offerings (“Feedback”), you assign all rights in that Feedback to NextBid.ai. All licenses granted to you under these Terms are conditioned upon your compliance with these Terms. Unauthorized use of the NextBid.ai Offerings is strictly prohibited.

You represent that you own or have the necessary rights to any content you provide while using the NextBid.ai Offerings (“Your Content”). You will retain ownership of Your Content.

License to Use NextBid.ai Offerings

NextBid.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the NextBid.ai Offerings and NextBid.ai Content in accordance with these Terms. This license may be terminated by NextBid.ai at any time for any reason.

You may not:

  • Share, sell, or distribute the NextBid.ai Offerings without authorization.
  • Copy, modify, or create derivative works from the NextBid.ai Offerings or NextBid.ai Content.
  • Use data mining or similar methods to extract data from the NextBid.ai Offerings.
  • Transmit any harmful software or engage in illegal activities through the NextBid.ai Offerings.

Data Protection and Processing

NextBid.ai may process personal data on behalf of the customer as part of providing services. The processing of personal data shall be governed by a separate Data Processing Agreement (DPA) or similar legal instrument, as required by applicable data protection laws, including the General Data Protection Regulation (GDPR).

Data Security

NextBid.ai implements appropriate technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, and destruction. Details of these measures can be found in the DPA.

Data Subject Rights

NextBid.ai supports the customer in fulfilling data subject rights, including the right to access, rectify, and delete personal data. Any requests from data subjects will be promptly forwarded to the customer for handling in accordance with applicable data protection laws.

Changes to Services

NextBid.ai may make modifications to the features and functions of the NextBid.ai Offerings during your subscription period. NextBid.ai will provide reasonable advance notice if there are significant changes or if any crucial features or functions are being removed. If such a change occurs, you have the option to cancel this Agreement by providing written notice. In this case, NextBid.ai will promptly refund any prepaid amounts that correspond to the unused portion of your subscription term.

Additional Features

If NextBid.ai introduces any new features, we will inform you about any extra terms or different agreements that apply before you activate these features. When you activate these features in your account, it means you agree to those extra terms or agreements. However, no extra terms will allow NextBid.ai to use or access your personal data beyond what is specified in these Terms of Service and the DPA.

Customer Communication

Admins of customer accounts have the right to notify their employees or end-users about NextBid.ai's products, services, including training and coaching emails, and new features. NextBid.ai promotes transparency and collaboration to enhance end results within the customer's organization.

These additions address data protection, changes to services, and communication rights, which were present in the provided text but missing from the original Terms of Service.

Data Transfers

If personal data is transferred outside the European Economic Area (EEA) or to countries not recognized by the European Commission as having adequate data protection standards, NextBid.ai will ensure such transfers comply with GDPR requirements. This may include using Standard Contractual Clauses (SCCs) or other GDPR-compliant mechanisms.

Compliance with Export Control Laws

Customer agrees not to export or re-export NextBid.ai services, software, or related materials in violation of applicable export control laws and regulations, including but not limited to those imposed by the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other relevant U.S. or foreign agency or authority.

Government Use of Commercial Software

As defined in FAR section 2.101, NextBid.ai software and documentation are considered "commercial items." In accordance with DFAR section 252.227-7014(a)(1) and (5), they are categorized as "commercial computer software" and "commercial computer software documentation." Government use, modification, reproduction, release, performance, display, or disclosure of such commercial software or documentation by the U.S. Government will be governed solely by the terms of this Agreement. Any such actions will be prohibited except to the extent expressly permitted by the terms of this Agreement.

User Content and Responsibilities

When you publish or upload Your Content through the NextBid.ai Offerings, you grant NextBid.ai a non-exclusive, royalty-free, transferable, sublicensable, and irrevocable license to use that content for any lawful purpose. You acknowledge that any content you share publicly is not confidential, and NextBid.ai is not liable for any privacy issues arising from such content.

NextBid.ai reserves the right to display advertisements and other content alongside Your Content and may enable search engines to index Your Content.

Third-Party Content

NextBid.ai may include third-party content, such as advertisements and links to other websites. We do not control or endorse this third-party content and are not responsible for its accuracy or legality. Use of third-party content is at your own risk, and you should review any applicable third-party terms.

Disclaimer of Warranties

THE NEXTBID.AI OFFERINGS AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. NEXTBID.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE NEXTBID.AI OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL NEXTBID.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE NEXTBID.AI OFFERINGS. THE MAXIMUM LIABILITY OF NEXTBID.AI SHALL NOT EXCEED $100.00.

Termination of Access

NextBid.ai reserves the right to terminate your access to the NextBid.ai Offerings at any time, without notice, for any reason. Following termination, you must cease all use of the NextBid.ai Offerings.

The following sections will survive termination: “Eligibility and Account Management,” “Proprietary Rights,” “License to Use NextBid.ai Offerings,” “Disclaimer of Warranties,” “Limitation of Liability,” and “Governing Law.”

Governing Law

These Terms shall be governed by the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts located in California, for any disputes arising out of these Terms.

Relationship Between Parties

Nothing in these Terms shall create any partnership, joint venture, or agency relationship between you and NextBid.ai. You are an independent contractor, and there are no third-party beneficiaries to these Terms.

Assignment of Rights

You may not assign these Terms or any of your rights without NextBid.ai's prior written consent. NextBid.ai may assign these Terms to its affiliates without your consent.

Severability Clause

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.

Remedies Available

NextBid.ai's failure to enforce any right under these Terms does not constitute a waiver of that right.

Privacy Policy

Your access to and use of the NextBid.ai Offerings is governed by our Privacy Policy.

Updates to Terms

NextBid.ai may update these Terms from time to time without prior notice. The most recent version will be posted on our website. Continued use of the NextBid.ai Offerings after any changes constitutes acceptance of the updated Terms.

Contact Information

For questions about these Terms, contact privacy@nextbid.ai