Terms of Service
By using the nxsheet.com web site ("Service"), or any services of NxSheet Inc. ("NxSheet"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If NxSheet makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: nxsheet.com/terms.
Violation of any of the terms below will result in the termination of your Account. While NxSheet prohibits such conduct and Content on the Service, you understand and agree that NxSheet cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- Non-human user is not permitted (e.g. computer bots)
- You must provide valid information including email, name.
- Your login may not be used by other people.
- You are responsible for your account security including protecting password, username, data.
- You are responsible for content and/or data under your account.
- You are not allowed to use the Service for any illegal activities.
B. API and External Embed
You may access your account data via an API through nxsheet.com and image.nxsheet.com. This also includes embedding your data remotely. This activity must obey the following terms:
- NxSheet shall not be liable for any direct or indirect damges, including but not limited to damages for loss of profits, goodwill, tangible/intangible goods.
- Abuse of access may result in temporary suspension or permanent account termination.
- NxSheet reserves the right to modify, discontinue your access to the API with or without notice
C. Payments, Refunds, Upgrading and Downgrading
- All subscription must have valid credit card information. This information is not required for free accounts.
- Billing starts immediately upon submitting a subscription.
- For montly plans, the Service is billed in advance on a montly basis and is non-refundable. No partial refunds or credits for months of service, upgrade/downgrade, or unused periods.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For upgrade or downgrade, your credit card will be charged the new monthly plan beginning of your next billing cycle. Prorated cost may be applied.
- Downgrading your Service may cause the loss of some features or content. NxSheet is not liable for such loss.
D. Cancellation and Termination
- You are responsible for cancelling your account. Please send your request to email@example.com.
- All account content will be deleted permanently upon completion of cancellation.
- If you cancel the Service before the end of your current paid up month, your credit card will not be charged again.
- NxSheet reserves the right to suspend or terminate your account and refuse the Service for any reason at any time.
E. Changes to the Services and Prices
- NxSheet reserves the right at any time for any reason to modify or discontinue the Service temporarily or permanently with or without notice.
- Prices of all Services are subject to change upon 30 days notice.
- NxSheet is not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
F. Copyright and Content Ownership
- We claim no intellectual property (IP) rights over the data and/or content you provide to the Service. By setting your content to public/unlisted, you allow your content to be cloned and viewed publicly. You are also responsible for the usage of any third party IP.
- NxSheet does not pre-screen Content, but NxSheet has the right to refuse or remove any Content that is available via the Service.
- You shall defend NxSheet against any claim, demand, suit or proceeding made or brought against NxSheet by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringe or misappropriate the intellectual property rights.
- The look and feel of the Service is copyright © 2015 NxSheet Inc. All rights reserved.
G. General Conditions
- Your use of the Service is at your sole risk. And the Service is provided on an "as is" and "as available" basis.
- Support for NxSheet services is only available in English, via email.
- You understand NxSheet uses third party tools and hosting services to run the Service.
- You may use subdomains (e.g, nxsheet.com/username) solely as permitted and intended by NxSheet for your own personal pages.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without a written permission by NxSheet
- We may remove any Content and Accounts containing unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NxSheet customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by NxSheet) of other NxSheet customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- NxSheet does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that NxSheet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NxSheet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of NxSheet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and NxSheet and govern your use of the Service, superseding any prior agreements between you and NxSheet (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- If you are a government user or otherwise accessing or using any NxSheet service in a government capacity, this Amendment to NxSheet Terms of Service shall apply to you.