Terms and agreements

1. Welcome to NextShopper!

1.1 Introduction

Thank you for visiting NextShopper’s website at www.nextshopper.org and associated domains (collectively, the “Sites”). NextShopper provides a platform for building and managing online spaces without coding. To learn more about NextShopper, please refer to our Resources and Knowledge Base sections.

These Terms of Service (“Terms”) govern your access to and use of the Sites and NextShopper’s platform. We’ve included explanatory notes to make these Terms easier to understand, though these explanations are for reference only and are not legally binding. If you have questions about these Terms, please reach out to us.

During your Subscription Term (defined below) and subject to these Terms, you may access and use NextShopper’s platform and web tools, including the Designer, Dashboard, Workspaces, and Site Plans, which are available on free, trial, or paid plans.

1.2 Applicable Terms

Your use of the platform is subject to these Terms, as well as our Acceptable Use Policy, Intellectual Property Policy, Trademark Usage Policy, and any Product Specific Terms or agreements referenced herein. Together, these documents form the “Agreement” governing your use of the platform. Undefined capitalized terms in this document follow the definitions given in our referenced policies.

If you’ve signed an Order Form (defined below) subject to NextShopper’s Master Subscription Agreement (MSA), the MSA governs your platform access instead of these Terms.

The “Effective Date” of this Agreement is the earlier date of (a) your initial acceptance of these Terms or access to the platform via registration, or (b) the effective date of the first Order Form executed between you and NextShopper. The “Subscription Term” of this Agreement extends from the Effective Date until you terminate your account or any Order Form expires or is terminated, as applicable. An “Order Form” is the document, signed by both parties, specifying the platform products or services you have procured.

If you do not agree to any part of this Agreement, you are not permitted to use the platform.

1.3 Who is Who

The Sites and platform are provided by NextShopper, located at 3 Hasan Nagar Road, Kamrangirchar, Dhaka -1211, Bangladesh. References to “we,” “us,” and “our” mean NextShopper. “You” or “Customer” means the individual or entity accessing or using the platform.

2. Creating and Managing Your Account

2.1 Eligibility

The platform is available to individuals aged 13 or older, or at the legal age of consent in your country, whichever is older. If you’re between 13 and 18, or the age of majority in your jurisdiction, you must review these Terms with a parent or guardian. By agreeing, your parent or guardian accepts full responsibility for your use of the platform. Access to the platform may be restricted by local laws or changed eligibility criteria.

2.2 Signing Up for an Account

To access the platform, you must register for an account. You agree to provide accurate, complete information and keep it current. We may use your email address for important updates to these Terms or notifications about your account.

2.3 Primary Email Address

Your account’s primary email address is our main method of communication with you. If you lose access to this email, you could lose access to your account as we may be unable to authenticate your account ownership.

2.4 Responsibility for Your Account

You are responsible for keeping your account secure and ensuring your login credentials are confidential. If you notice suspicious activity, contact us immediately. You agree to be accountable for any actions in your account resulting from a failure to secure your credentials.

2.5 Ownership Disputes

In cases of ownership disputes, we reserve the right to determine ownership based on payment details, email address, and other account information. If ownership cannot be determined, we may suspend the account until a resolution is reached.

2.6 Death or Inability to Contact a Designer

If a designer who manages your account becomes unreachable, we can help update billing information to keep the site operational. However, we cannot transfer account ownership or export Content without the designer’s authorization.

3. Content and Intellectual Property

3.1 Uploading Content to NextShopper

As an account holder, you may post content (referred to as “Content”), such as text, images, and videos. You retain ownership of your Content. However, you grant NextShopper a worldwide, non-exclusive license to use, display, reproduce, and distribute your Content as needed to provide our services.

3.2 Your Responsibility to Backup Your Content

You are responsible for backing up your Content. NextShopper is not liable for any loss or corruption of data.

3.3 Featuring Your Content

We may feature your Content or trade names in promotional materials. By using the platform, you allow us to use this information for marketing purposes. You may revoke this permission by contacting us.

3.4 HIPAA Non-Compliance

The platform is not HIPAA-compliant. Do not use it to collect or manage Protected Health Information, as defined under HIPAA.

3.5 Content Removal and Scanning for Illegal Content

We reserve the right to remove or restrict Content that breaches this Agreement. If we identify content that includes Child Sexual Abuse Material (CSAM), it will be reported to law enforcement.

4. Fees, Payments, and Refunds

4.1 Fees and Taxes

For paid plans, you must provide payment details. All fees are billed in advance, and you are responsible for any applicable taxes.

4.2 Refund Policy

Refunds are handled per our Billing and Refund Policy. Annual plans are non-refundable unless stated otherwise.

4.3 Payment Plans and Upgrades

You can cancel your plan by downgrading to a starter plan. If your use exceeds plan limits, you may be charged for overages or asked to upgrade.

5. Privacy and Security

By using the platform, you consent to our Privacy Policy, which explains our data handling practices. For details, please review our Privacy Policy.

6. Intellectual Property Rights

6.1 Respecting Intellectual Property

NextShopper respects intellectual property rights and expects customers to do the same. If you believe your rights are infringed, you may file a takedown request as per our Intellectual Property Policy.

7. Confidentiality

7.1 Confidential Information

We may disclose proprietary or confidential business, technical, or financial information to you. Such information must be kept confidential and only used to evaluate whether to use the platform.

7.2 Confidentiality Obligations

You must keep Confidential Information secure and may only disclose it to employees who need to know it. These obligations survive for five years after this Agreement ends.

8. Limitation of Liability

The platform is provided “as-is.” We are not liable for indirect or consequential damages. If you’re dissatisfied, your sole remedy is to stop using the platform.

9. Indemnification

You agree to indemnify and hold NextShopper harmless from any third-party claims, costs, or expenses arising from your use of the platform, Content, or violation of these Terms.

10. Changes to the Platform and Termination

NextShopper may change the platform, add features, or limit functionality without prior notice. We may also terminate access for users who violate these Terms.

11. Amendments, Notifications, and Updates

We may update these Terms periodically. Major changes will be communicated by email or site notice, and your continued use constitutes acceptance of updated Terms.

12. Dispute Resolution

12.1 Informal Negotiations

For any disputes, you agree to attempt informal resolution by notifying us in writing before initiating any formal proceedings.

12.2 Binding Arbitration

Unresolved disputes will be settled by binding arbitration under American Arbitration Association rules. You waive the right to a jury trial.

12.3 Exceptions

Claims related to intellectual property or small claims court cases may proceed outside arbitration.

12.4 Location of Arbitration

Arbitration will take place in San Francisco, California. For disputes not subject to arbitration, California courts have exclusive jurisdiction.

12.5 Waiver of Class Actions

You waive the right to participate in class actions; all claims must be pursued individually.

13. US Economic Sanctions

You may not use the platform if you reside in a sanctioned country or are listed on the US government’s restricted persons list.

14. Additional Legal Provisions

14.1 Assignment

Neither party may assign this Agreement without the other’s consent, except in the case of mergers, acquisitions, or similar events.

14.2 Governing Law and International Use

This Agreement is governed by California law. By using the platform outside the US, you agree to comply with local laws.

14.3 Entire Agreement and Severability

This Agreement is the entire contract between you and NextShopper and supersedes prior agreements.

14.4 Waivers

Our failure to enforce any part of this Agreement does not constitute a waiver of our rights.

14.5 Attorneys’ Fees and Remedies

In enforcing these Terms, the prevailing party is entitled to attorneys’ fees and costs. NextShopper may seek specific performance or injunctive relief.

Acceptance of Terms
By using the NextShopper platform, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please discontinue use immediately.