Terms of Use
Last Updated: 07/22/2024
1. Introduction
Welcome to TubeNxt. These Terms of Use ("Terms") govern your use of our software services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
2. Definitions
"Service" refers to the TubeNxt software as a service. "User" refers to any individual or entity using the Service. "Content" refers to any text, images, or other materials uploaded or created by users.
3. User Accounts
Registration: To use certain features of the Service, you must register for an account. Account Security: It is crucial that you provide accurate, complete, and up-to-date information when setting up your Account and ensure it remains current. Failure to do so may result in the suspension or termination of your Account. To secure your Account, keep your login details and password confidential, and inform us immediately of any unauthorized use. You are responsible for all activities conducted under your Account. Eligibility: You must be 16 or older to use the Service.
4. Use of the Service
License Grant: TubeNxt grants you a non-exclusive, non-transferable license to use the Service. Restrictions: You agree not to (i) reverse engineer the Service, (ii) use the Service for unlawful purposes, or (iii) access the Service by means other than the provided interface.
5. User Content
Ownership
Our Services enable you to upload, store, save, link, import, or share various types of content, including text (in posts or communications with others), files, documents, graphics, images, music, audio, and video. Any content you post or otherwise make available through the Services, excluding Feedback, is referred to as "User Content." This includes all content, data, and other information processed by the Services in connection with linking any Third-Party Social Media Accounts, any Prompts you provide, and any TubeNxt Materials you create using the Services' functionality. TubeNxt does not claim ownership of any User Content, and nothing in these Terms will limit your rights to your User Content.
By making any User Content available through the Services, you grant TubeNxt a non-exclusive, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense. This license allows TubeNxt to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with promoting, marketing, operating, providing, and improving (including for training, optimizing, and developing) the Services and TubeNxt other products and services.
For clarity, you agree that this license includes TubeNxt right to use your User Content, including your name, logos, or other identifying information or images, in marketing materials, case studies, testimonials, examples, and to showcase your use of our Services in general.
Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all necessary rights to grant us the license to your User Content under these Terms. You also represent and warrant that neither your User Content, nor your provision of it to be available through the Services, nor TubeNxt use of your User Content on or through the Services will infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
Removal of User Content: You can remove your User Content by deleting it. However, in some cases, certain User Content (such as posts or comments) may not be completely removed, and copies may continue to exist on the Services. To the fullest extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Content Standards: Your Content must not violate any laws or infringe on any third-party rights.
Monitoring and Enforcement: We reserve the right to monitor, edit, or remove Content that violates these Terms.
6. Intellectual Property
Ownership: TubeNxt owns all rights to the Service and related intellectual property.
Trademarks: You may not use TubeNxt's trademarks without permission.
7. Payment and Licensing
Pricing: Pricing details for the Service are available at plans. Billing: Billing cycles are monthly/annually, and payment methods include credit card, PayPal, etc.
One-Time Payments and Subscriptions: TubeNxt requires a fee for using the Services (or certain portions thereof), and you agree to pay these fees. You can choose to make a one-time payment ("One-Time Payment") or purchase a subscription ("Subscription") for access.
General: Whether you make a One-Time Payment or purchase a Subscription (each a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for the Transaction. We may request additional information related to your Transaction, such as your credit card number, expiration date, and your billing and notification email and postal addresses ("Payment Information"). You represent and warrant that you have the legal right to use the payment methods provided in your Payment Information. By initiating a Transaction, you authorize us to share your Payment Information with third parties to complete your Transaction and to charge your payment method for the selected Transaction (plus applicable taxes and charges). Additional information may be required to verify your identity before completing your Transaction. By initiating a Transaction, you agree to the applicable pricing, payment, and billing policies. All Transaction payments are non-refundable and non-transferable unless expressly stated otherwise in these Terms. All fees and applicable taxes are payable in U.S. dollars.
Subscriptions: When you purchase a Subscription, you will be charged the Subscription fee, plus applicable taxes and other charges ("Subscription Fee"), at the beginning of your Subscription and at the start of each subsequent period, based on the then-current Subscription Fee. By purchasing a Subscription, you authorize TubeNxt to initiate recurring non-refundable payments as outlined below. Our third-party payment processor will automatically charge you each year on the anniversary of your Subscription start date using the Payment Information provided, until you cancel the Subscription. TubeNxt will send you a reminder with the current Subscription Fee before automatically renewing your Subscription, as required by applicable law. By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription includes recurring payment obligations, and you accept responsibility for all recurring payment obligations until you cancel your Subscription. Your Subscription will continue until you cancel it or we terminate your access or use of the Services in accordance with these Terms.
Cancelling One-Time Payment or Subscription: All sales are final. TubeNxt may consider refund requests on a case-by-case basis, at its sole discretion. EXCEPT AS STATED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE OR RECEIVE A REFUND FOR YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE. We reserve the right to cancel your Transaction for any reason; if we cancel due to an error or issue on our part, we will refund any payment made on a prorated basis. You may cancel your Subscription at any time, but the cancellation will be effective at the end of the current Subscription period. EXCEPT AS STATED ABOVE FOR YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND FOR ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel your Subscription through the Services' functionality. You will be responsible for all Subscription Fees (plus applicable taxes and charges) incurred for the current Subscription period. Upon cancellation, your right to use the Services will continue until the end of the current Subscription period and will terminate thereafter without further charges.
8. Privacy Policy
Please refer to our privacy policy for information on how we collect, use, and protect your data.
9. Term and Termination
Duration: These Terms remain in effect until terminated by you or TubeNxt.
Termination by User: You may terminate your account at any time.
Termination by Company: We may terminate your account for violation of these Terms or other reasons outlined in our policies.
10. Disclaimers and Limitation of Liability
No Warranties: The Service is provided "as is" without warranties of any kind. Limitation of Liability: TubeNxt is not liable for any damages arising from your use of the Service.
11. Indemnification
You agree to indemnify and hold TubeNxt harmless from any claims arising out of your use of the Service or violation of these Terms.
12. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of Texas. Dispute Resolution: Any disputes will be resolved through arbitration/mediation in Dallas, TX.
13. Feedback:
We welcome and value your feedback, comments, ideas, proposals, and suggestions for improving our Services ("Feedback"). By submitting Feedback, you acknowledge that we can use it freely without any limitations or obligation to compensate you.
14. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will notify you by updating the Terms on our Platform, and we may also send other forms of communication. Please review the Terms whenever they are updated. By continuing to use our Services after the changes are posted, you agree to the new Terms. If you do not agree with the updates, you must stop using the Services. As our Services evolve, we may alter or discontinue any part of the Services at any time without prior notice, at our discretion.
15. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and TubeNxt.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
Assignment: You may not assign these Terms without our prior written consent.
16. Contact Information
If you have any questions about these Terms, please contact us at [email protected]
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