This Terms of Service (the “Terms”) constitute a legal agreement that sets out your rights and obligations, and those of Eglobal ESB42655801, a company registered in edificio quorum III, parque científico, Universidad Miguel Hernández. Av. Universidad de Elche sn, 03202, Elche, Alicante, Spain(), in relation to the Esglobal website (the “Site” or “Website”) and our web applications or other the services (the “Services”) offered by Esglobalthrough it.
By using our Website and/or Services, you are agreeing to comply and be bound by all terms and conditions herein (the “Agreement”). Please review these Terms carefully. If you do not agree, you should not use the Website or Services. We reserve the right to update or revise these Terms without notice. Please check these Terms periodically for changes. Your continued use of our Website or Services following the posting of any changes constitutes acceptance of those changes. Our Terms will be kept up to date at nextscenario.com/terms-of-service.
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Esglobal. The company name, the company logo, and the product names associated with Nextscenario are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Esglobal is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Esglobal. The posting of information or materials on Nextscenario does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website or Services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Nextscenario’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
EMAIL: compliance@nexscenario.com
Esglobal, a company registered in edificio quorum III, parque científico, Universidad Miguel Hernández. Av. Universidad de Elche sn, 03202, Elche, Alicante, Spain
In any such notice, please include sufficient information to address the items specified below:
Our Privacy Policy, Security Policy and Cookies Policy are incorporated into and are governed by this Terms of Service. We reserve the right to modify these policies in our reasonable discretion from time to time.
In some cases, it is necessary for Company employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Company employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
The Company does not own any data, information or material that you or other users submit (“User Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all User Content that you submit, and Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. Upon request by the applicable Administrator, the Company may remove, modify, edit or otherwise alter any applicable User Content. The Administrator shall also have the power to block, delete or otherwise modify the access of users under its applicable account, and shall be solely responsible for the addition and removal of users under its account.
Company reserves the right to withhold, remove and/or discard User Content without notice for any breach of the Agreement. Upon termination for breach of the Agreement, your right to access or use customer data immediately ceases, and we shall have no obligation to maintain or forward any customer data.
All activity occurring under your user account are your responsibility and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use ofEsglobal, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations which are required by your employer and/or the applicable Administrator(s) of your account.
You shall (1) notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this agreement or the intellectual property rights of third parties; (3) and not impersonate another user or provide false identity information to gain access to or use Esglobal.
Company grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Esglobal and its licensors.
You shall not: (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third partyEsglobal or the content in any way; (2) modify or make derivative works based upon Eglobal Group SLU or the content; (3) create Internet “links” to Esglobalnor “frame” or “mirror” any content on any other server or wireless or Internet-based device; (4) or reverse engineer or access Esglobal in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Esglobal, or (c) copy any ideas, features, functions or graphics of Eglobal Group SLU.
You may use Esglobal only for your internal business purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (5) attempt to gain unauthorised access to the Service or its related systems or networks.
A valid credit card is required for paying accounts.
The Services are billed in advance on a monthly, quarterly or yearly basis (chosen by the user) and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Services may cause the loss of Content, features, or capacity of your Account.
You are solely responsible for properly canceling your account through the Website. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link on the Settings page. The Account screen provides a simple cancellation link.
All of your User Content will be immediately deleted from your account and the Services upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Services before the end of your current paid up cycle (month or year), your cancellation will take effect immediately and you will not be charged again.
Esglobal, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all User Content in your account. Esglobal reserves the right to refuse service to anyone for any reason at any time.
Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked throughEsglobal, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide Esglobal to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You agree to indemnify and hold Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company’s business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Company represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof under normal use and circumstances.
You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
Company and its licensors make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Company and its licensors do not represent or warrant that: (1) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (5) ERRORS OR DEFECTS WILL BE CORRECTED, OR (6) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON ”AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
The Services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications. Esglobal IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from Esglobal, (b) the unavailability or interruption of Esglobal or any features thereof, (c) your use of Esglobal, (d) the content contained on Esglobal, or (e) any delay or failure in performance beyond our control.
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to Esglobal SLU at any time, effective upon posting of an updated version of this Agreement on the Website. You are responsible for regularly reviewing this Agreement. Continued use of Esglobal after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at nextscenario.com/terms-of-service.
This Agreement may not be assigned by you without the prior written approval of Company but may be assigned without your consent by Company to (a) a parent or subsidiary, (b) an acquirer of assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
These Terms of Service are governed by Delawere law, whereEsglobal is located. No text or information set forth on any other purchase order, pre-printed form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Esglobal.
The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
This Agreement, together with any applicable Invoices, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Users may use third party services, destinations, integrations, or content supported by or included in Nextscenario or the Services (“Third Party Services”), but the User does so solely at their own risk and must be aware of these third parties’ terms and conditions and have given consent to them. The User is solely responsible for complying with any relevant third party terms and conditions and maintaining any third party account(s) in good-standing. Under no circumstances will the Owner be deemed liable or have any obligations whatsoever in relation to the content, proper functionality, availability, or the security of any link with any third party services or any transactions completed, or any contract entered into by the User with any such third party. In order for the Services to communicate with Third Party Services, the User may be required to input credentials. By enabling use of Nextscenario or the Services with any Third Party Services, the User authorizes the Owner to access User accounts with such third parties. The Owner does not guarantee that the Services will maintain Third Party Services, and it may disable any such Third Party Services at any time with or without notice to the User. These Terms govern User’s access to and use of the Services, even if accessed via Third Party Services.
In order to use the Services or any part of it, Users must accept these Terms in full and register in a truthful and complete manner by providing all the required information in the relevant registration form. All personal data will be processed in accordance with the Privacy Policy. Users are responsible for keeping their login credentials confidential.
After registering on Nextscenario, subject to the restrictions set out in these Terms, Users can import User Data stored in third-party services of their choice supported by Nextscenario into the application. Users may also import User Data into the application by uploading it via Nextscenario’s APIs or simply by manually adding it into the application user interface.
After registration, the User’s right to use the Services and Nextscenario shall be subject to the restrictions set out in these Terms, and Nextscenario grants the User a non-exclusive, non-transferable right to use the relevant Services and Nextscenario solely for the User’s internal business purposes of i) in the case of a Trial, the duration of such Trial, or ii) in the case of a Subscription, the duration of such Subscription.
The Owner shall be entitled to make changes to the Services and significant changes shall be notified to the User.
Subscriptions start from the Subscription Date, when Users choose a Subscription on Nextscenario. Billing periods for paid Subscriptions start on the date the User chooses a paid Subscription or modifies another existing payment plan to fall within a different Subscription threshold.
Details of the subscription types, billing periods, the features of each subscription type and the fees payable in respect of each subscription type (the “Subscription Fees”) are available on the Nextscenario pricing page https://Nextscenario.com/pricing/ (the “Pricing Page”).
The Owner may also, at its discretion, offer the User access to the Services on a trial basis (“Trial”), for beta testing, or otherwise, during which time the User will be able to access and use, for a reduced fee or free of charge and for a limited period of time, some of the features of the Services offered on Nextscenario. The Owner reserves the right to modify, terminate, or limit a Trial or other test or limited access to Services at any time and without liability or explanation to the User. On termination of a Trial or other test or limited access to Services, the User’s right to receive the Services shall cease automatically, and the User agrees that it shall make no further use of the Services or Nextscenario, unless it thereafter orders and the Owner agrees to provide it with a Subscription.
The User shall pay the Subscription Fees to the Owner for the Services. Payment of the Subscription Fees is to be made in advance at the commencement of each billing period and by way of deduction from a credit card unless otherwise agreed in a service order, in which case, User is to pay in accordance with the payment terms set out in the service order. The User shall provide the Owner with its valid, up-to-date, and complete credit card details through the Nextscenario billing system, and the User hereby authorises the Owner to bill such credit card.
The Subscription must be renewed at each billing period to maintain the benefits provided by the Services.
At any time, the Owner may audit the User’s use of the Services, and depending on the average MRR tracked through the Services in the most recent billing period or current MRR which the User is tracking on or about the time of audit, the Owner may move the User to a different subscription type or pricing tier which is more consistent with the User’s usage of the Services either immediately, in which case a pro-rated charge may be applied, or for the next billing period, and the User shall thereafter pay the Subscription Fees payable in respect of the subscription type or pricing tier to which it has been moved.
The MRR tracked by a User through the Services at any given time is the sum of the MRR of all active customer subscriptions tracked by the User through the Services at that time.
The settings a User chooses when using the Services may affect the MRR of a Subscription (for example, including or excluding taxes, processing fees, and changing how cancellations and refunds are treated).
Users can contact the Owner sales team at any time through the Pricing Page.
NECESSARY TO PROTECT THE SERVICES OR TO PREVENT THIRD PARTY ACCESS TO THE SERVICES.
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE.
Users are not allowed to reproduce, duplicate, copy, sell, resell, or exploit any portion of Nextscenario or its Services without the Owner’s express permission, granted either directly or through a proper reselling program.
THE USER SHALL DEFEND, INDEMNIFY ON DEMAND, AND HOLD THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, CONTRACTORS, AND EMPLOYEES (TOGETHER THE “INDEMNIFIED PERSONS” AND EACH AN “INDEMNIFIED PERSON”), AS THE CASE MAY BE, HARMLESS FROM AND AGAINST ANY DEMAND, CLAIM, PROCEEDING, SUIT, JUDGMENT, LOSS, LIABILITY, COST, EXPENSE, FEE, PENALTY, OR FINE, (INCLUDING WITHOUT LIMITATION, REASONABLE LAWYER’S FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH ANY OF: (I) THE USER DATA; (II) THE USER’S OR ANY OF THE ACCOUNT USERS’ USE OF OR CONNECTION TO THE SERVICES; III) ANY VIOLATION OF THESE TERMS BY THE USER OR ANY OF THE ACCOUNT USERS; IV) USER’S VIOLATION OF ANY THIRD-PARTY RIGHTS; V) ANY UNLAWFUL USE OF THE SERVICES; VI) THE INPUTTING OR IMPORTATION OF USER DATA IN THE COURSE OF THE USER’S OR ANY OF THE ACCOUNT USERS’ USE OF THE SERVICES OR ANY OTHER SHARING OF USER DATA WITH THE OWNER WITHOUT HAVING THE LAWFUL BASIS FOR ANY PERSON TO WHOM THAT USER DATA RELATES. THE OWNER HOLDS THE BENEFIT OF THE INDEMNITY PROVIDED BY THE USER UNDER THIS CLAUSE FOR ITSELF AND IN TRUST FOR EACH INDEMNIFIED PERSON.
The Services shall be used only in accordance with these Terms.
Users shall not and shall procure that Account Users shall not:
The User acknowledges and agrees that the Owner may include the User’s company name to identify User as a customer to its partners and in sales or marketing materials which identify and/or list names of Nextscenario customers.In no event shall Owner use the User’s company name or logo without the User’s prior written approval in any marketing or promotional material to specifically and individually highlight User as a customer of Nextscenario.
The User may from time to time submit feedback to the Owner. The User acknowledges and agrees that the Owner may freely use or exploit feedback in connection with the Services.
The User acknowledges and agrees that the Owner may derive or create Usage Data and the Owner may use and disclose such Usage Data to its third party service providers in order to improve the Services.
The User acknowledges and agrees that the Owner may anonymise and aggregate User Data or Usage Data to create Aggregated Anonymous Data and may use such Aggregated Anonymous Data to analyze, improve, support, and operate the Services and otherwise for any business purpose, during and after the term of the User Subscription or other use of the Services, including, without limitation, to generate industry benchmarks or best practices guidance, insights, recommendations, or similar reports for distribution to and consumption by the User and other users or prospective users of the Owner or Services. For the avoidance of doubt, the foregoing does not give the Owner the right to identify the User as the source of any Aggregated Anonymous Data.
The User acknowledges and agrees that the Owner or its licensors own all the Intellectual Property Rights in the Services. These Terms do not grant the User any rights to or in the Intellectual Property Rights, or any other rights or licences in respect of the Services. The User shall notify the Owner if it becomes aware of any unauthorised use of the whole or any part of the Services, Software, or any Nextscenario documentation by any person or entity. All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Nextscenario are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
The Intellectual Property Rights in the Services including any adaptions, modifications, or updates to the same (but excluding the API) are and shall remain vested in the Owner, whether created by the User or the Owner. The User assigns (by way of present and, where appropriate, future assignment) all such Intellectual Property Rights to the Owner.
The Owner makes no representation or warranty as to the existence, validity, or enforceability of the Intellectual Property Rights in any API which may be used in connection with the Services nor as to whether the same infringe on any Intellectual Property Rights of third parties.
The User shall do and execute, or arrange for the doing and executing of, each necessary act, document, and thing that the Owner may consider necessary or desirable to perfect the right, title, and interest of the Owner in and to the Intellectual Property Rights in the Services provided by the Owner, including any adaptions, modifications, or updates to the same.
If you have any questions or comments about Terms, please contact us in any of the following ways:
By email: compliance@nextscenario.com
If we need to notify our users about these Terms, we may do so using contact information associated with your account or otherwise provided to us.
