Terms of service

Welcome to NextFeed. These Terms of Service ("Terms") govern your access to and use of the NextFeed service ("Service") provided by NimbleX ("we", "us", or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account or using the Service, you affirm that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and references to "you" apply to both you individually and your organization.

2. Description of Service

NextFeed is a software-as-a-service platform for ecommerce product feed management, optimization, and distribution. The Service enables merchants to prepare, validate, and distribute product catalog data across multiple sales channels. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice, where reasonably practicable.

3. Account Registration & Responsibilities

• You must provide accurate and complete information during registration and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You agree to notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

4. Subscription & Billing

• Plans: Fees are based on the selected plan tier, SKU volume, and channel count. Current pricing is available on our pricing page.
• Payment: Subscriptions are billed in advance on a monthly or annual basis via our payment processor (Stripe). You authorize us to charge your designated payment method at the start of each billing cycle.
• Renewals: Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
• Cancellations: You may cancel at any time. Access remains until the end of the current billing period. No refunds are provided for partial billing periods except where required by law.
• Price Changes: We will provide at least 30 days' notice of any price changes. Continued use after the effective date constitutes acceptance.
• Taxes: All fees are exclusive of applicable taxes, which are your responsibility.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload or distribute malicious code, malware, or data designed to disrupt the Service.
• Attempt to gain unauthorized access to our systems, accounts, or data belonging to other users.
• Scrape, crawl, or systematically extract data from the Service without written consent.
• Use the Service to send spam, misleading content, or unlawful communications through connected channels.
• Resell, sublicense, or commercially exploit the Service without our prior written agreement.

6. Your Data

By using the Service, you grant us a limited, non-exclusive right to process, store, and transmit your product catalog data solely as necessary to provide the Service. You retain all ownership rights in your data. You represent that you have all rights and consents necessary to provide your data to us and for us to process it as described in these Terms and our Privacy Policy.

7. Service Availability & Support

We aim to maintain high availability but do not guarantee uninterrupted, error-free operation. Scheduled maintenance may temporarily interrupt service. We provide support through email and in-app channels; response times vary by plan tier.

8. Intellectual Property

The Service, including its software, design, trademarks, and documentation, is owned by NimbleX and protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. Feedback you provide may be used by us without restriction or obligation.

9. Third-Party Services & Channels

The Service integrates with third-party platforms (e.g., Google, Meta, TikTok, Amazon, Shopify). Your use of those platforms is governed by their own terms. We are not responsible for the acts, omissions, policies, or data practices of third-party services or connected channels.

10. Limitation of Liability

To the maximum extent permitted by law, NimbleX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of or inability to use the Service. Our aggregate liability for any claim arising out of these Terms shall not exceed the amounts paid by you in the twelve (12) months preceding the claim, or one hundred USD (USD 100), whichever is greater.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or that feed submissions will be approved by any connected channel.

12. Termination

Either party may terminate this agreement at any time. Upon termination, your right to access the Service ceases, and we may delete your data in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) will survive.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which NimbleX is registered, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall first be addressed through good-faith negotiation; if unresolved, it shall be submitted to binding arbitration or the courts of that jurisdiction, at our election.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

If you have any questions regarding these Terms, please reach out to our team: