These Terms of Use ("Terms") form a binding agreement between you and NextMQ("NextMQ", "we", "us", or "our") regarding your use of the Service. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
Use of the Service
Subject to these Terms, NextMQ grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes and in accordance with our documentation, pricing, and any applicable plan limits.
Accounts and Security
- You must provide accurate information when creating or administering an account.
- You are responsible for protecting your account, API credentials, webhook secrets, and any other authentication material associated with the Service.
- You are responsible for activity that occurs under your account, except to the extent caused by our breach of these Terms.
- You must promptly notify us if you believe your account or credentials have been compromised.
Customer Data
You retain ownership of the data, code, content, and other materials you submit to the Service ("Customer Data"). You grant NextMQ a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data as necessary to provide, secure, support, and improve the Service.
You are responsible for Customer Data, including:
- Its accuracy, legality, and the rights needed to submit and process it.
- Providing any notices and obtaining any consents required under applicable law.
- Designing your applications and job handlers to tolerate retries, duplicates, timeouts, and other distributed-system behavior documented by the Service.
The Service is not a system of record or backup archive. You are responsible for maintaining any backups you require.
Acceptable Use
You may not use the Service to:
- Violate law or the rights of others.
- Transmit malware, spam, deceptive content, or infringing material.
- Probe, scan, reverse engineer, or attempt to bypass security or access controls, except where we have expressly authorized security testing in writing.
- Interfere with the integrity or performance of the Service, including abusive traffic patterns or attempts to circumvent limits, quotas, or billing controls.
- Access another customer's data or workspace without authorization.
Third-Party Services and Open Source
The Service may interoperate with third-party providers and depends on third-party infrastructure and open-source software, including BullMQ and related tools. Those components may be subject to their own terms, licenses, and availability.
Availability, Changes, and Support
We may modify, improve, suspend, or discontinue all or part of the Service from time to time. We may perform maintenance that temporarily affects availability. We will use reasonable efforts to avoid unnecessary disruption, but we do not promise uninterrupted availability unless we expressly agree to it in writing.
Fees
Some features may require a paid subscription, usage-based charges, or a separate commercial agreement. If you purchase paid access, you agree to pay the applicable fees, taxes, and charges. We may suspend or limit paid features for overdue amounts.
Intellectual Property
NextMQ and its licensors own the Service, including the software, design, branding, and related intellectual property, other than Customer Data and third-party materials. Except for the limited rights granted in these Terms, no rights are transferred to you.
If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.
Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, create security or legal risk, fail to pay applicable fees, or if continued operation of the Service becomes impracticable. We may also remove Customer Data as part of normal retention and account closure processes.
Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available." NextMQ disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, completely secure, or loss-free.
Limitation of Liability
To the maximum extent permitted by law, NextMQ will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption, arising out of or related to the Service or these Terms.
To the maximum extent permitted by law, the total aggregate liability of NextMQ for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid to NextMQ for the Service during the 12 months before the event giving rise to the claim or (b) $100.
Indemnification
You will defend, indemnify, and hold harmless NextMQ and its personnel from claims, damages, losses, liabilities, and expenses arising from your Customer Data, your use of the Service, or your violation of these Terms, except to the extent caused by our own breach of these Terms.
General
- If you have a separate written agreement with NextMQ, that agreement controls over these Terms to the extent of a conflict.
- If any provision of these Terms is unenforceable, the remaining provisions will remain in effect.
- Our failure to enforce a provision is not a waiver of our right to do so later.
- We may update these Terms from time to time by posting an updated version and revising the effective date above. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.
Contact
Questions about these Terms may be sent to privacy@nextmq.com.