Terms of Use
Overview
These Terms of Use govern access to and use of NXGEN websites, applications, software platforms, charging services, and any related tools or services we provide (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services
1. Eligibility
You may use the Services only if you are able to form a legally binding contract under applicable law. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Use of NXGEN Materials
NXGEN grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services and to view and download materials made available through the Services solely for your personal or internal business use, as applicable, and only as permitted by these Terms.
You may not copy, reproduce, republish, upload, post, transmit, distribute, publicly display, sell, license, or exploit any part of the Services or any materials made available through the Services except as expressly permitted by NXGEN in writing.
3. Intellectual Property
All content and technology included in or made available through the Services, including text, graphics, images, photographs, videos, interfaces, logos, trademarks, service marks, software, source code, object code, databases, designs, and the selection and arrangement of the foregoing, are owned by NXGEN or its licensors and are protected by intellectual property laws.
Nothing in these Terms grants you any ownership rights in the Services or the NXGEN intellectual property. NXGEN and all related names, logos, and product and service names are trademarks of NXGEN or its licensors. You may not use them without prior written permission.
4. Account Responsibilities
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate, current, and complete information and to keep it updated. You must notify NXGEN immediately if you suspect unauthorized access to or use of your account.
5. Acceptable Use
You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You may not do any of the following:
1. Attempt to gain unauthorized access to any system, account, or data related to the Services
2. Interfere with or disrupt the Services, servers, or networks connected to the Services
3. Introduce malware, viruses, harmful code, or other disruptive technologies
4. Probe, scan, or test the vulnerability of NXGEN systems without written authorization
5. Use automated tools to scrape, harvest, or extract data from the Services without written authorization
6. Reverse engineer, decompile, or attempt to derive source code from any NXGEN software except where expressly permitted by law
7. Use the Services to infringe intellectual property rights, privacy rights, or other legal rights of any party
8. Impersonate any person or entity, or misrepresent your affiliation with any person or entity
9. Upload or transmit content that is unlawful, defamatory, threatening, harassing, obscene, or otherwise harmful
10. Use the Services for unauthorized commercial resale or sublicensing of access
NXGEN may investigate suspected violations and may cooperate with law enforcement where required or appropriate.
6. Charging Services and On Site Conduct
Where NXGEN provides access to charging stations or related infrastructure, you agree to follow all posted instructions and safety guidance. You may use charging equipment only for its intended purpose.
You must not damage, alter, tamper with, vandalize, or misuse charging equipment, site property, or any NXGEN related systems. NXGEN may suspend or terminate access and pursue reimbursement, repair costs, or legal remedies where appropriate.
7. Fees, Payments, and Third Party Services
Certain Services may require payment. Prices, fees, taxes, and billing terms may be presented at the time of purchase or within applicable service terms.
NXGEN may use third party providers for payments, hosting, analytics, customer support, or other service components. Your use of third party services may be subject to their terms and policies, and NXGEN is not responsible for third party services outside NXGEN control.
8. User Content
If NXGEN allows you to submit, upload, or transmit content through the Services, you grant NXGEN a worldwide, nonexclusive, royalty free license to host, store, reproduce, modify, display, and distribute such content solely to operate, maintain, and improve the Services and to provide the Services to you.
You represent that you have the rights needed to grant this license and that your content does not violate law or third party rights.
9. Privacy
NXGEN handles personal information in accordance with the NXGEN Privacy Policy. By using the Services, you acknowledge that you have reviewed the Privacy Policy and understand how information is collected, used, and shared.
10. Termination and Suspension
NXGEN may suspend or terminate your access to all or part of the Services at any time if NXGEN reasonably believes:
1. You violated these Terms
2. Your use poses a security risk or may harm NXGEN, other users, or third parties
3. Your account activity is fraudulent, abusive, or unlawful
4. Continued access may create legal exposure for NXGEN
Termination may occur with or without notice where appropriate. You remain responsible for obligations incurred prior to termination.
11. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. NXGEN disclaims all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
NXGEN does not warrant that the Services will be uninterrupted, error free, secure, or free of harmful components
12. Limitation of Liability
To the maximum extent permitted by law, NXGEN will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of or inability to use the Services, even if NXGEN has been advised of the possibility of such damages.
NXGEN total liability for any claim arising out of or relating to the Services will not exceed the amount you paid to NXGEN for the specific Service giving rise to the claim during the twelve month period preceding the event.
13. Indemnification
You agree to defend, indemnify, and hold harmless NXGEN and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from or related to your use of the Services, your violation of these Terms, or your infringement of any rights of a third party.
14. Links to Other Sites
The Services may include links to third party websites or tools. NXGEN does not control and is not responsible for third party content, services, or privacy practices. Accessing third party links is at your own risk.
15. Changes to These Terms
NXGEN may update these Terms from time to time. Updates will be effective when posted, unless a later effective date is stated. Continued use of the Services after posting constitutes acceptance of the updated Terms
16. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Exclusive jurisdiction and venue for disputes that are not subject to arbitration will be in state or federal courts located in California, unless applicable law requires otherwise.
17. Dispute Resolution and Arbitration
If a dispute arises out of or related to these Terms or the Services, the parties will first attempt to resolve it informally through good faith discussions.
If the dispute is not resolved, it may be resolved through binding arbitration administered by a recognized arbitration provider. The arbitration will be conducted by a single arbitrator in Los Angeles County, California, unless the parties agree otherwise.
You and NXGEN agree that any dispute will be brought only in an individual capacity and not as a class, collective, or representative action.
You and NXGEN agree that any dispute will be brought only in an individual capacity and not as a class, collective, or representative action.
18. Contact
For questions about these Terms or the Services, contact NXGEN through the contact form on our website or via the support channels listed in the NXGEN app or website.