Terms of Use
We, Nextwave Inc. #407 Tips town 99, Daehak-ro, Yuseong-gu Daejeon, Republic of Korea 34134 and Our licensors have made the platform, functionalities and software contained within and connected to the Nextwave service, which consists of:
- A software platform running on connected devices (the "Firmware"), and
- An online platform through which users can connect to and control the Firmware and access data (the "Online Platform")
1. General
1.1. When ordering a subscription to the Nextwave Platform, You enter into a legally binding agreement with Us regarding Your subscription to access and use the Nextwave Platform governed by the Terms.
2. License to access and use the Nextwave Platform
2.1. The Nextwave Platform, and all content made available by Us therein are protected by copyright, trademarks, and other intellectual property rights. You acknowledge and agree that the Nextwave Platform and content made available by Us therein, including all associated intellectual property rights, are the exclusive property of Us or Our licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Nextwave Platform, or content made available by Us therein. All trademarks, service marks, logos, trade names, and any other proprietary designations of Us or Our licensors used on or in connection with the Nextwave Platform and content made available by Us therein are trademarks or registered trademarks of Us or Our licensors.
2.2. Subject to Your compliance with the Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Nextwave Platform.
2.3. You are fully responsible and liable for any use of the Nextwave Platform by third parties whom You have granted access to the Nextwave Platform.
2.4. Subject to the Terms, You may install applications developed or licensed by You on the Nextwave Platform.
2.5. You are responsible for ensuring that all persons who You let access the Nextwave Platform are aware of the Terms and other applicable terms and conditions, and that they comply with them.
2.6. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Nextwave Platform, or content herein, except as expressly permitted in the Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted in these Terms.
2.7. We have the right to disable Your access to the Nextwave Platform if, in Our reasonable opinion, You have failed to comply with any of the provisions of the Terms and not remedied such failure within a reasonable time period after being made aware of such failure by Us.
3. Firmware
3.1. We may, in Our discretion, release updates to the Firmware on the Online Platform, in which case Your license under clause 2.2 includes a right to install such updates on Your devices running the Firmware.
3.2. You may decide whether to install updates to Firmware on Your devices running the Firmware.
3.3. You are responsible for ensuring that any applications installed by You on any of Your devices running the Firmware will continue working as intended if an update to Firmware is installed.
4. The Online Platform
4.1. Your license under clause 2.2 includes a right to access and use the Online Platform, and We will grant You access to create online user accounts for the Online Platform.
4.2. We strive to maintain an up time for the Online Platform of at least 99% but make no warranties in this regard.
4.3. If We reasonably assess that Your consumption of the Online Platform is unnecessarily or unreasonably high (including but not limited to use of data transfer volume and computing resources), We may set limits on Your allowed consumption of the Online Platform. We will strive to provide You with a prior written notice before limiting Your allowed consumption of the Online Platform.
5. Your Content on the Nextwave Platform
5.1. You may upload content to the Nextwave Platform, e.g.by installing Your own applications on Your devices running the Nextwave Platform and/or using the Nextwave Platform to record and store Your data.
5.2. You retain ownership of any content uploaded by You to the Nextwave Platform.
5.3. Whenever You make use of a feature that allows You to upload content to the Nextwave Platform, You alone are responsible for the content which You upload. You warrant that any such contribution will not violate applicable law and any third-party rights.
5.4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by You or any other user of the Nextwave Platform.
5.5. We will use reasonable efforts to protect content uploaded to the Nextwave Platform by You from unauthorized access and/or destruction.
5.6. Your data can be extracted by You from the Online Platform at any time.
5.7. We will normally retain Your data for 7 days on the Online Platform. We may delete any data which is older than 7 days, and we may delete any data which has already been extracted by You regardless of total retention time.
6. Support
6.1. We may at Our discretion choose to provide support for the Nextwave Platform. A description of Our current support offerings (if any)can be found at our webpage. We have the right to change all support offered for the Nextwave Platform, including by discontinuing any support at any time.
7. Personal data - GDPR
7.1. You acknowledge and agree that You may use the Nextwave Platform in connection with personal data subject to the EU General Data Protection Regulation (the “GDPR”) only if You first enter into the Nextwave Data Processing Agreement (the “Nextwave DPA”); in which case, the processing of personal data pursuant to these Terms shall be subject to the Nextwave DPA. You may request to enter into the Nextwave DPA by sending a request to:contact@nextwave.co.kr
8. Payment & Refund
8.1. You are responsible for ensuring that Your payment card information is always kept up to date. You may change Your credit card information in the Online Platform.
8.2. If a charge request to Your credit card for applicable fees is declined, We may disable Your access to the Nextwave Platform until We have received payment.
8.3 All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at contact@nextwave.co.kr
9. Changes to these Terms
9.1. We may, in Our discretion, modify the Terms, at anytime upon 60 days' prior written notice. Such notice may be provided by Us on the Online Platform. We will also post any modified version of the Terms on the Online Platform. Following such notice, Your continued use of the Nextwave Platform on or after the effective date of the changes to the Terms constitutes your acceptance of any updates.
9.2. If the modified terms are not acceptable to You, You may decline the changes by terminating Your subscription to the Nextwave Platform as set out in clause 11.
10. Changes to the Nextwave Platform
10.1. We may update and/or make changes to the Nextwave Platform from time to time. However, any of the content in the Nextwave Platform may be out of date at any given time, and We are under no obligation to update it.
11. Terms and termination
11.1. We may terminate Your subscription for convenience upon 3 months' written notice.
11.2. You may terminate Your subscription for convenience upon written notice to the end of a month at any time.
11.3. Upon the effective date of the termination of Your subscription for any reason, all rights You have to access and use the Nextwave Platform will terminate immediately subject only to clause 11.4 below.
11.4. For a period of maximum 90 days after termination of the Terms, We may maintain a copy of any data stored by You in the Nextwave Platform and You may request a copy of such data. For the avoidance of doubt, we may delete Your data prior to the expiry of the 90-days' period.
12. DISCLAIMER
12.1. THE NEXTWAVE PLATFORM IS PROVIDED “AS IS” AND WITHOUTWARRANTIES OF ANY KIND EXCEPT FOR THOSE IMPLIED BY STATUTE THAT CANNOT BEEXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
13. LIMITATION OF OUR LIABILITY
13.1. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO LOST PROFITS AND/OR LOST GOODWILL, THAT RESULTFROM OR RELATE TO (A) THE USE OF OR INABILITY TO USE NEXTWAVE PLATFORM; (B)CONTENT IN NEXTWAVE PLATFORM; (C) ANY LOSS OR DAMAGE CAUSED BY A VIRUS OR OTHERMALICIOUS CODE, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLYHARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELL PHONE, COMPUTERPROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NEXTWAVEPLATFORM OR TO YOUR DOWNLOADING OF ANY CONTENT IN IT, OR ON ANY WEBSITE LINKEDTO IT; (D) THE AUTHORIZED OR UNAUTHORIZED USE OR DISCLOSURE OF DATA STORED ONOR THROUGH THE NEXTWAVE PLATFORM; AND/OR (E) THE LOSS OF DATA IN THE NEXTWAVEPLATFORM OR OUR SERVERS. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO NEXTWAVEPLATFORM OR UNDER THESE TERMS OF USE WILL NOT EXCEED EUR 1,000. THESELIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONSAPPLY TO ALL CLAMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATIONOF STATUTE, STRICT LIABILITY OR OTHERWISE.
13.2. THESE LIMITATIONS OF LIABILITY WILL SURVIVE THETERMINATION OF THESE TERMS AND YOUR USE OF OUR SITE.
14. Indemnity
You agree to defend, indemnify and hold Us and Our affiliates, and Our affiliates' owners, directors, officers, employees, agents, suppliers, licensors and distributors (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, liabilities or expenses(including attorney fees) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would constitute a breach of any provision of the Terms by You; or (b) arising from, related to, or connected with Your use of or access to the Nextwave Platform, Your violation of any term of the Terms, including without limitation sections 5.3 and 7.1,Your violation of an applicable law, or Your violation of any third-party right, including without limitation any copyright, property or privacy right. If You are obligated to provide indemnification pursuant to this provision, We may, in Our sole and absolute discretion, control the disposition of any Claim at Your sole cost and expense. Without limitation of the foregoing, You may not settle, compromise or in any other manner dispose of any Claim without Our express written consent. This defense and indemnification obligation will survive the termination of the Terms and Your use of the Nextwave Platform.
15. Viruses
15.1. You must not misuse the Nextwave Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Nextwave Platform, the server on which the Online Platform is stored or any server, computer or database connected to the Nextwave Platform. You must not attack the Nextwave Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Nextwave Platform will cease immediately.
16. Third party links and resources in the Nextwave Platform
16.1. The Nextwave Platform may contain links to third-party websites or resources. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsibility for and assume all risk arising from Your use of any such websites or resources or the content, products or services on or available from such websites or resources.
17. Waiver
17.1. Our failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Us. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.
18. Miscellaneous
18.1. The Terms constitute the entire agreement between You and Us and supersede any prior agreements between You and Us on the subject matter of the Terms.
18.2. Under no circumstances will We be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Our reasonable control.
18.3. You may not transfer Your rights or delegate Your obligations under the Terms.
18.4. We may transfer Our rights or delegate Our obligations under the Terms.
18.5. You grant Us the right to use your name, logo, and a description of your use case to refer to you on Our website, marketing or promotional materials, subject to your standard trademark usage guidelines that you provide to us from time to time.
18.6. You agree that any agreements made by and between You and Us in electronic form are as legally binding as if made in physical written form.
18.7. The Terms will not be construed against the drafter.
18.8. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise.
18.9. Where any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction then such provision shall be deemed to be severed from the Terms and, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of the parties under the Terms and, where permissible, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of the Terms.
18.10. Subject to any mandatory statute or law to the contrary, You will file any claim arising out of or related to Your use of or inability to use the Nextwave Platform within one (1) year after such claim arises or it will be forever barred.
18.11. You understand and acknowledge that developing applications should be fun and easy, and by using the Nextwave Platform, You agree to let Your imagination run wild.
19. Applicable law and venue
19.1. Except where prohibited by applicable law or provided otherwise herein, the Terms are governed by and will be interpreted in accordance with South korean law. However, the conflict of laws rules must be disregarded to the extent that such rules are non-mandatory.
19.2. Any dispute arising out of the Terms, including any dispute concerning the existence or validity of the Terms, will be brought before the South korean courts.