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General Terms and Conditions

Last updated: 05-01-2026

1. Definitions

  • Service: the NexReply software and all related services (including integrations, APIs, and support).
  • Customer: the party that purchases and uses the Service.
  • User: any natural person who uses the Service on behalf of the Customer.
  • Customer Data: all data provided by the Customer or User, including emails, order data, and shipping data.
  • Output: results generated by the Service based on Customer Data (such as AI-generated replies and reports).
  • Subscription: the selected plan with its term, features, and pricing.

2. Applicability

These terms and conditions 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 this information up to date.
  • Login credentials are strictly personal. The Customer is responsible for all activities performed under the account.
  • Unauthorized use or security incidents must be reported to NexReply without delay.

4. Use and prohibited use

  • The Service may only be used for lawful purposes.
  • It is prohibited to use the Service for the distribution of malicious code, hacking attempts, or activities that violate applicable laws or regulations.
  • NexReply may investigate misuse and restrict or terminate access to the Service.

5. Subscriptions and payment

  • Fees depend on the selected Subscription, are exclusive of VAT, and are invoiced in advance.
  • Payment must be made within the specified term. Late payment may result in suspension of the Service.
  • Subscriptions continue until cancelled. Without cancellation, a Subscription may be automatically renewed.
  • Fees paid are non-refundable, unless mandatory law provides otherwise.

6. Availability & support

NexReply strives for high availability and timely support. Scheduled maintenance will be announced in advance where possible. Continuous, 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 warrants that it is entitled to process and share the provided personal data.

8. Intellectual property

  • All rights to the Service and the underlying software are vested in NexReply.
  • The Customer retains all rights to its own Customer Data.
  • The Customer grants NexReply a limited, non-exclusive right to use Customer Data for the purpose of providing and improving the Service.
  • Feedback or suggestions may be used freely by NexReply.

9. Confidentiality

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

10. AI disclaimer and use of Output

The Output is generated based on data, instructions, and (AI) models provided by the Customer. NexReply does not guarantee that the Output is accurate, complete, up to date, or suitable for a specific purpose.

The Output does not constitute legal, financial, medical, or other professional advice. NexReply provides functionality for manual, semi-automated, and fully automated processing and delivery of Output.

The choice of the level of automation, including the fully automated delivery of Output without prior human review, rests entirely with the Customer. The Customer remains responsible for the configuration, setup, and use of the Service, as well as for the consequences of decisions that are based, in whole or in part, on the Output.

NexReply shall not be liable for any damage arising from the use of the Output by the Customer or third parties, regardless of the level of automation.

11. Liability

The Service is provided “as is” and “as available”. NexReply shall not be liable for temporary unavailability of the Service or for disruptions, errors, or inaccuracies in the Service.

To the extent permitted by applicable law, NexReply’s total liability shall be limited to the amount paid by the Customer to NexReply in the 12 months preceding the event giving rise to the claim.

Liability for indirect damages, including but not limited to consequential damages, loss of profit, loss of savings, loss of data, reputational damage, or business interruption, is excluded, except in cases of wilful misconduct, gross negligence, or mandatory law.

12. Indemnification

The Customer indemnifies and holds NexReply harmless against all third-party claims, including claims by data subjects and supervisory authorities, arising from or relating to:

  • (a) unlawful or unauthorized use of the Service;
  • (b) incorrect, incomplete, or unlawful Customer Data;
  • (c) the absence of a valid legal basis for the processing of personal data;
  • (d) violation of applicable laws or regulations, including privacy laws, by the Customer.

This indemnification also includes imposed fines, sanctions, damages, and claims by data subjects or supervisory authorities, to the extent permitted by 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 the event 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; thereafter, data may be deleted unless a statutory retention obligation applies.

14. Governing law and jurisdiction

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

15. Amendments

NexReply may amend these terms and conditions. Material changes will be clearly communicated. The most current version will always be available on this page.

16. Miscellaneous provisions

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

17. Force majeure

NexReply is not liable for failures resulting from force majeure, including but not limited to failures of the internet, hosting, cloud providers, electricity, third parties, or government measures.

18. Changes to the Service

NexReply may modify, improve, or remove parts of the Service, provided that this does not materially affect the core functionality.