Terms of Service

1. Introduction

Welcome to nxtblog.ai (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the nxtblog.ai website, associated services, software (including the npm package), and the web dashboard (collectively, the “Service”). By accessing or using our Service, you (“User” or “you”) agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

These Terms are intended to be legally enforceable under the laws of the Federal Republic of Germany. If you are a consumer (Verbraucher) within the meaning of Section 13 of the German Civil Code (BGB) and reside outside Germany, mandatory consumer protection laws of your country of residence may also apply and supersede certain provisions of these Terms.

2. Eligibility and Scope

The Service is accessible worldwide to both individuals and companies. You must be at least the age of majority in your jurisdiction and capable of entering into legally binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration and Termination

(a) Account Creation: To access certain features, you must create an account and provide accurate, up-to-date information, including your email address and name.

(b) Account Types: We offer various plans (free, starter, professional, enterprise) with features and pricing described on our website.

(c) Termination by User: You may request to terminate your account and delete your data by contacting [email protected]. We will process such requests in compliance with applicable law.

(d) Termination by Company: We may terminate or suspend your account if you materially breach these Terms, engage in illegal activities, or if required by law. Unless legally mandated to act immediately, we will provide one (1) week’s notice before terminating your account.

(e) Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will handle your personal data and other information in accordance with our Privacy Policy and applicable law.

4. Payments and Subscriptions

(a) Fees: Some Services require paid subscriptions. By selecting a paid plan, you agree to pay all applicable fees.

(b) Payment Methods: Payments are processed via Stripe. By providing payment information, you authorize us or our payment processor to charge your payment method according to your subscription plan.

(c) Refunds: Unless otherwise required by applicable consumer protection laws, all fees are non-refundable. You may cancel your subscription to avoid future charges.

(d) No Additional Fees: We do not charge interest, late fees, or penalties. This does not limit our right to claim damages if you are in default of payment.

5. User Content and Conduct

(a) Ownership: You own all content you create, integrate, or manage using the Service. We do not claim ownership of your content.

(b) Legal Compliance: You are solely responsible for ensuring that your content and activities are lawful. You must not use the Service to publish illegal content or violate any laws, regulations, or third-party rights.

(c) Monitoring: We do not routinely monitor user content. However, we reserve the right to review content if we suspect illegal activity or a breach of these Terms.

(d) Prohibited Conduct: You must not use the Service for unlawful purposes, hate speech, harassment, defamation, fraud, or any illegal activities. We reserve the right to remove or block any content or user engaging in such activity.

6. Intellectual Property

(a) Our IP: All trademarks, logos, and software used or displayed by us are our property or licensed to us. All rights are reserved.

(b) No License: Except as explicitly stated, these Terms grant no license or right to use our intellectual property.

(c) Enforcement: We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law.

7. Disclaimers and Limitations of Liability

(a) Use at Your Own Risk: The Service integrates into Next.js projects and may cause issues if not implemented or tested properly. You are responsible for testing before deployment.

(b) Liability Limitations:
- Nothing in these Terms limits our liability for intentional misconduct, gross negligence, injury to life, body, or health, or for any other liability that cannot be excluded or limited by law.
- Subject to the foregoing, and to the extent permitted by applicable law, we exclude liability for slight negligence. In cases of slight negligence, we are only liable for breaches of material contractual obligations (Kardinalpflichten), but limited to foreseeable damages typical for this type of contract. Material contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely.
- We are not liable for indirect, consequential, or special damages, including data loss, unless caused by gross negligence or willful misconduct.

(c) Third-Party Services: We may link to or rely on third-party providers. We are not liable for any acts, omissions, or content of third parties, except as required by mandatory law.

8. Privacy and Data Handling

(a) Data Collection: We collect only the personal data necessary for the Service (e.g., email, name).

(b) Data Protection: We store personal data securely within the EU and comply with the GDPR and other applicable data protection laws. Refer to our Privacy Policy for details.

(c) No Data Sales: We do not sell or share your personal data with third parties for their own marketing purposes.

9. Compliance with Laws

You must use the Service in compliance with all applicable laws and regulations. We do not provide industry-specific compliance features unless explicitly stated.

10. Enforcement and Legal Action

(a) Violation of Terms: We may take lawful action, including termination of accounts, for violations of these Terms.

(b) Legal Remedies: We may seek all available legal remedies, including injunctions and damages, under applicable law.

11. Dispute Resolution and Jurisdiction

(a) Initial Contact: If you have a dispute, contact us at [email protected]. We aim to resolve issues amicably.

(b) Governing Law: These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws of your country of residence remain unaffected.

(c) Jurisdiction: If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be the courts at our registered seat in Germany. If you are a consumer, you may also bring claims in the courts of your habitual residence.

(d) Class Action Waiver: To the extent permitted by applicable law, you agree to resolve disputes on an individual basis. This does not affect statutory rights that cannot be waived.

12. Changes to These Terms

(a) Modifications: We may propose changes to these Terms. We will provide at least one (1) month’s advance notice via email or within the Service before changes take effect.

(b) User’s Rights on Change: If you do not accept the changed Terms, you may terminate your account without additional cost before the changes become effective. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Third-Party Terms

Our payment processing is handled by Stripe. By using the Service, you agree to comply with Stripe’s applicable terms. If those terms conflict with these Terms, these Terms will prevail unless mandatory law requires otherwise.

14. Miscellaneous

(a) Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement regarding the Service.

(b) Severability: If any provision is invalid or unenforceable, the remaining provisions remain in effect and shall be interpreted so as best to achieve the parties’ intent.

(c) No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.

(d) Language: These Terms are provided in English. If translated, the English version prevails in case of conflict.

15. Contact Information

For questions about these Terms, contact [email protected].

By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.