Nexto End User License Agreement

This end user license agreement (the "License") shall govern the relationship between you and Nexto. Before proceeding to use the services provided through the software application (hereinafter, the "Application"), you should read this License carefully as it is contractually binding. The License must be unconditionally agreed upon by you in order to use the Application and the services provided by Nexto.

The Application is offered by NEXTO sàrl, a company organised under the laws of Luxembourg and registered with the Companies' Registrar of Luxembourg under the number B202130 (hereinafter “Nexto”).

Postal Address:

NEXTO

Société à responsabilité limitée

42, rue de la vallée

L-2661 Luxembourg

E-mail: info@nexto-app.com

Nexto makes the Application available to you provided that you agree to comply with the terms of this License.

The use of the Application is governed by the version of the License available at the time of such use. The Application is reserved exclusively for Users who are adults with the capacity to contract, or minors not less than 17 years of age after having obtained the express permission of their parents or legal guardians allowing them to subscribe to the service.

1. Definitions

For the purposes of the terms of this License, the following capitalised terms shall have the meanings ascribed to them below:

Application: software application for Smartphone and tablet (available under IOS and Android);

Contact: User that has your mobile phone number registered in his device;

License:  the whole of this end user license agreement contained in this document and regulating the use of the Application and the Service;

Nexto: the company NEXTO sàrl;

Offensive Content: Any content Nexto deems in its sole discretion to be offensive, harmful, shocking, in breach of another person’s intellectual property rights, unlawful, in breach of any relevant regulations or is generally contrary to the terms of this License;

Profile:  the information you provide when you create an account and which includes your first name, surname, mobile phone number, email address, age, sex, and photos;

Service: the services provided through the Application by Nexto;

User:  any person using the Application.

2. Description of the Service

The Service is an instant messaging application that consists of a radar screen allowing the User to contact, on on anonymous basis, other Users appearing on the screen, based on various criteria.

- Your Profile:  you will be able to create and modify your Profile. You will be required to provide your first name, surname, mobile phone number, email address, age, sex, and photos. This information (except age and sex) will only be accessible by you and your Contacts, and will not be published, unless you decide it (by using the reveal function).

You agree that your Profile may be globally viewed by all your Contacts who have your phone number on their device and all the Users that have the application. You are therefore advised not to publish photos or messages on your Profile that you do not want to be viewed globally by all your Contacts and any other Users.

- Radar Screen:  you will be able to see the position of your Contacts and other Users on the radar screen, and to start new discussions by touching the contact points on the radar screen. You may filter the Users appearing on the radar screen on the basis of sex, age, and distance. For example if you select the filter “girls”, you shall only be contacted by girls.  

- Content:  you will be able to exchange messages including text and photos with your Contacts and other Users. You will be able to delete the content of your discussions. Also you will be able to “flash” Users.

- Contacts and users:  you will be able to send messages to your Contacts either from the radar screen or from the list of your Contacts. You will be able to block Contacts and Users and to report eventual abuse.

- Winks function:  You will be able to send an anonym “wink” to another User. The User will receive a notification.

- Reveal functions:  if you start a conversation with any other User, your identity will not be revealed to such User by default. However, you may decide to reveal your identity to such User by using the reveal functions which will authorise such User to see your Profile, including photos, first name, age, and current location. You understand that you will be solely responsible for the information published on your Profile when you decide to reveal this information to other Users and that in such case Nexto does not guarantee any confidentiality. You also understand that Nexto does not guarantee the validity and accuracy of the information published on the Profile of other Users.

- Settings:  you will be able to enable / disable features of the Service. In particular, you may decide not to appear on the radar screen.

- Push notifications:  except if you decide to disable this feature, you will receive push notifications each time you receive a message or if another User or a Contact starts a discussion with you. You will receive push notifications each time you receive a “flash” or if another User “flashes” you.

3. Registration

In order to be able to use the Application, you must download and install it on your device and you must create an account. It is your liability to ensure that you are authorised to download and install the Application on your device, in compliance with the laws of the Country where you are located.

You may create an account by using your Facebook or Google + login, or your email address.

You will be required to choose a Nexto Username and password, and to provide some personal information such as your first name and surname, email address, age and sex. In order to prevent unauthorised use of your account, it is recommended that you choose a password that includes letters, numbers and symbols. You shall not share your password with any third party.

If you decide to connect with your Facebook login, this information will be automatically shared with Nexto provided that you give your consent to the access by Nexto to your Facebook personal information.

For more information on the use of your personal information, please consult Clause 9.

You furthermore agree that in order to use the Service, you will have to provide your mobile phone number.

You undertake to provide accurate and complete information and to update it when necessary. You are informed that you are liable for the consequences of the use made of your Account until its deactivation. You also agree that you will only use your Account for your personal use and that you will not resell your access to the Service.

As soon as your account is created you shall confirm your registration by text message by sending a code you will receive on your mobile phone.

4. Deactivation and deregistration

You may at any time deregister from the Service by deleting your account.

Your attention is especially drawn to the fact that in the case of deregistration you will lose all content, including but not limited to text and photos exchanged with Users.

Nexto reserves the right to proceed with the deactivation of a User’s account, as well as the deletion of the User’s account if you breach the terms of this License, in particular the conditions contained in Clause 5.

5. Use of the Service and scope of the License

Subject to your compliance with the terms of this License, you are granted a limited, non-transferable, non-exclusive, free of charge license, without the right to sublicense to download and install the Application on your device, and to use the Service.

You are not allowed to sub-license, distribute, rent, lease, sell, or grant rights to a third party in the Application and / or the Service.

You may only use the Application and the Service for your personal use and for lawful purposes. In particular you may not use the Service to publish on your Profile and/or to transmit to other Users, inappropriate or Offensive Content, which for the purposes of the terms of this License shall include:

 - defamatory, libellous, offensive or abusive material, pornographic, paedophilic, or indecent material, racist material or material of an obscene or menacing character; or

- transmit any content vindicating certain crimes, in particular murder, rape, war crimes and crimes against humanity;

- transmit any content likely by its nature to undermine the respect for human dignity, the equality of women and men and the protection of children and adolescents;

- material which infringes the copyright or other intellectual property right of any third party or otherwise infringes the rights of any third party including, but not limited to rights of privacy and confidence.

You warrant, undertake and agree that you shall not use the Service i.a. as follows:

- select or use the personal information of another person with the intent to impersonate that person or for any other reason;

- access or attempt to access the account of another User of the Service;

- transmit any material including viruses which is likely to cause harm to Nexto’s or anyone else's computer equipment, network or servers to;

- give information referring to other websites (whether through the creation of hypertext links, or the simple supply of information) whose content would be likely to contravene any law or regulation in force, and in particular, would be likely to violate the rights of persons or of goods, and/or to infringe intellectual property rights ;

- send a message to other Users for commercial purposes or any purpose, other than the personal purposes expressly permitted by Nexto.

- conduct commercial advertising or marketing through the Service or transmit “junk content", "spam", or unsolicited mass distribution of content;

- transmit or cause to be transmitted any virus, trojan horse, worm or other harmful or malicious code;

- gain or attempt to gain unauthorised access to other computer systems, networks or servers connected to the Service;

- threaten, harass, abuse or pursue any other User or interfere with the use and the enjoyment of Service by other Users;

- post anything to the Service which the User knows (or ought to know) to be fraudulent, false, misleading or inaccurate;

- breach, whether intentionally or not, any law or regulation (national or international) in force from time to time, or the conditions contained in this License;

Breaches of the terms contained in this Clause 5 are treated extremely seriously by Nexto if you breach these terms your account may be immediately suspended and/or cancelled, without limitation or prejudice to any additional rights or remedies available to Nexto.

6. Intellectual Property

All rights related to the Application and the Service provided by Nexto, content that do not belong to Users, including but not limited to ; texts, graphic or audiovisual creations, software developments and other creations, and generally any other intellectual creation that can be protected by intellectual property rights such as pictures, logos, setup, graphical layout, structure, ergonomics, colours codes, typography, fonts, graphical elements of the database, graphical structure of screens and broadly the visual identity of Nexto, and/or any trademarks, are, without limitation, the exclusive property of Nexto or its licensors.

The Application and all of its elements are protected by the laws of intellectual property, in particular the modified law of 18 April 2001 on copyright, neighbouring rights and data bases, and the law of trademarks.

Unless otherwise specified in these terms, Nexto grants no license or authorisation relating to the intellectual property rights that it has on the Application, the Service and its elements, and no reproduction of the Application, whether in whole or partial, in whatsoever form and by whatsoever means is permitted without the prior written approval of Nexto.

This Service of on line communication to the public respects copyrights. All the rights of authors of protected works reproduced or communicated on this Service of on line communication to the public, are reserved.

Except with express authorisation, any use of the Application and the Service other than individual and private consultation is strictly prohibited.

You represent and warrant that the content you may publish on your Profile or that you may share with other Users does not violate the privacy or any other rights, including intellectual property rights, of a third party.

You represent and warrant that you are the owner of the intellectual property rights, or have the right to grant Nexto the authorisation to use the content published on your Profile, and that such content does not violate the privacy or any other rights, including intellectual property rights, of a third party. You hereby grants Nexto a non-exclusive, worldwide, royalty free licence, which may be sub-licensed by Nexto to other Users, in respect of the information published on your Profile, and to modify the same where necessary, for the purposes of reproduction, publication and dissemination on the Application and through the Service.

        

7. Limitation of liability

Nexto makes no representations or warranties of any kind, express or implied, as to the operation of the Application and the Service, information, content, materials, software, and you agree that you have not relied upon any. You expressly agree that your use of the Service is entirely at your own risk.

Furthermore Nexto does not guarantee the adequacy or compatibility of the Service to the User’s device and environment.

To the full extent permitted by the applicable law, Nexto disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. Nexto will not be liable for any damages of any kind arising from the use of the Application and the Service, or loss of any User data including, but not limited to special, indirect, incidental, punitive, and consequential or pure economic loss, costs, damages, charges or expenses including without limitation any loss of profits or anticipated savings, except in cases of serious misconduct or of proven negligence.

Nexto’s entire liability under or in connection with this License, shall not exceed the greater of:

- the value of the User’s total subscription payments to Nexto (where applicable); or

- EUR 500.

Nothing in this License shall serve to exclude or limit Nexto’s liability for fraudulent misrepresentation or in respect of death or personal injury caused by its negligence.

Users of the Service acknowledge and expressly accept that the content received from other Users is sent at the sole initiative and at the sole responsibility of these Users. In the event of notification of Offensive Content, Nexto will use its best endeavours to remove such content.

8. Indemnification

You agree to indemnify and keep indemnified at all times and against all actions, proceedings, claims, demands, costs (including reasonable legal costs) awards and damages Nexto, its representatives, employees, partners, and/or all third parties arising directly or indirectly as a result of any breach of these terms of the License by you.

9. Personal information

The personal information communicated to Nexto (the “Data”) is handled in compliance with the modified law of 2 August 2002 relating to the protection of persons with regard to the data processing of personal information.

These Data such as first name and surname, email address, mobile phone number, age and sex and other data such as the countries and towns of residence shall be transmitted by you to Nexto at the time of registration.

The Data will not be processed other than with the purpose of permitting an optimal use of the Service furnished by Nexto. They will not be used for other purposes and shall not be stored by Nexto beyond the period necessary for the achievement of this purpose.

Nexto will inform you prior to any use of the Data for commercial prospecting. You will then have the right to object to this use by ticking relevant box or by contacting Nexto at the email address indicated below.  

Within the framework of its activity, Nexto may be called to communicate the Data solely to persons to whom Nexto sub-contracts certain works related to the exploitation of the Service.

In addition, Nexto may be constrained to reveal any content in order to comply with laws in force or, if in good faith Nexto estimates that such a measure is necessary, in particular within the framework of a legal proceeding, in order to cause this License to be respected, to answer complaints and/or claims asserting the violation of the rights of third parties, in order to protect the rights or the interests of Nexto, its Users, or the public, without limitation.

Nexto shall take all measures of precaution in order to ensure the security of Data.  However, it cannot exclude all risks tied to the use of Internet. Thus, during the communication of the Data, other users of Internet could possibly manage to visualise the Data.

You understand and specifically consent to the fact that your Profile may be viewed:

In order to protect your personal information and your private life, you are advised not to publish photos or messages on your Profile that you do not want to be viewed globally by all your Contacts or by Users.

In accordance with law, Nexto reserves a right of access, of modification and of opposition (in case of legitimate reasons) to the processing carried out with respect to the Data. To make use of these rights, each User may contact Nexto by electronic mail at the address info@nexto-app.com.

10. Miscellaneous Provisions

Nexto may assign or transfer partially or totally the benefit of License to a third party.

If any part of the terms of this License should be illegal, invalid or unenforceable for any reason, the term or terms in question would be declared non-existent and the remaining terms would retain their full force and scope and would continue to be applicable.

Moreover, the fact that Nexto does not avail itself of one or the other provision of the terms of this License shall not be seen as waiver on its part of the benefit of the said provision.

All communications between Nexto and you are done electronically. Therefore the Nexto only communicates with Users by email or by putting online certain information on the Application.

The terms of this License are applicable only to the extent that they comply with the provisions of public order in the country of each User.

Nexto reserves the right to modify the License at any time, subject to prior information to Users at least 15 days before the entry into force of the new License. These changes shall be effective once online on the Application.

Nexto may make available updates of the Application (but has no obligations to do so) and may require that you download and install these updates from time to time in order to continue to use the Application and the Service on your device.

11. Applicable law and jurisdiction

Any dispute relating to the use of the Application and the Service shall, to the extent permitted by law, be governed by the law of the Grand Duchy of Luxembourg, and the competent courts of the City of Luxembourg shall, subject to the application of EU consumer protection law to the contrary, have exclusive jurisdiction for the resolution of any such disputes.