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Terms and Conditions

Last updated: 2025-09-17

1. Definitions

  • Service: the NexReply software and all related services (including integrations, APIs, and support).
  • Customer: the party that subscribes to the Service.
  • User: any natural person using the Service on behalf of the Customer.
  • Customer Data: all data provided by the Customer or User, including emails, order, and shipping information.
  • Output: results generated by the Service based on Customer Data (such as AI responses, reports).
  • Subscription: the chosen plan with duration, features, and pricing.

2. Applicability

These terms apply to every offer, agreement, and use of the Service. Deviations apply only if agreed in writing.

3. Accounts and Security

  • The Customer must provide accurate and complete information during registration and keep it up to date.
  • Login credentials are strictly personal. The Customer is responsible for all activities under the account.
  • Unauthorized use or security incidents must be reported to NexReply immediately.

4. Use and Prohibited Use

  • The Service may only be used for lawful purposes.
  • It is prohibited to use the Service for: distributing harmful code, hacking attempts, or activities that violate applicable law.
  • NexReply may investigate misuse and restrict or terminate access.

5. Subscriptions and Payment

  • Fees depend on the chosen plan, are exclusive of VAT, and are invoiced in advance.
  • Payment must be made within the specified period. Late payment may result in suspension of the Service.
  • Subscriptions continue until canceled. Without cancellation, a subscription may renew automatically.
  • Paid fees are non-refundable unless required by law.

6. Availability & Support

NexReply strives for high availability and timely support. Planned maintenance will be announced in advance where possible. Absolute uninterrupted availability is not guaranteed.

7. Data Processing and Privacy

NexReply processes personal data as a processor within the meaning of the GDPR. The Data Processing Agreement (DPA) forms part of the cooperation. The Customer guarantees that they are authorized to process and transfer the personal data provided.

8. Intellectual Property

  • All rights to the Service and underlying software rest with NexReply.
  • The Customer retains all rights to their own Customer Data.
  • The Customer grants NexReply a limited, non-exclusive right to use Customer Data to deliver and improve the Service.
  • Feedback or suggestions may be freely used by NexReply.

9. Confidentiality

The parties shall not disclose or use confidential information for purposes other than performance of the agreement, except where required by law.

10. AI Disclaimer

Output is generated based on data and instructions provided by the Customer. NexReply strives for accuracy but does not guarantee that Output is always correct, complete, or suitable. The Customer remains responsible for the use of the Output.

11. Liability

The Service is provided “as is.” Our total liability is limited to the amount the Customer paid to NexReply in the 12 months preceding the claim. Indirect damages (such as loss of profit or data) are excluded, except in cases of intent/gross negligence or mandatory law.

12. Indemnification

The Customer indemnifies NexReply against claims from third parties arising from use of the Service in violation of these terms or applicable law.

13. Term and Termination

  • The Customer may cancel a subscription on a monthly basis unless otherwise agreed.
  • NexReply may terminate or suspend the agreement in case of non-payment, misuse, or other serious breaches.
  • Upon termination, the right to use the Service ends. The Customer may export data while the subscription is active; afterwards, data may be deleted unless a legal retention obligation applies.

14. Governing Law and Jurisdiction

These terms are governed by Dutch law. Disputes shall be submitted to the competent court in the Netherlands (location Arnhem or Amsterdam).

15. Changes

NexReply may amend these terms. In the event of significant changes, this will be clearly communicated. The most current version is always available on this page.

16. Miscellaneous

  • These terms, together with the subscription and the Privacy Policy, constitute the entire agreement.
  • If any provision is invalid, the remaining provisions shall remain in force.
  • Rights may only be transferred with NexReply’s written consent. NexReply may transfer its rights and obligations to a third party.