Terms of Services

These Terms of Services ("Terms") shall govern the use of all the Services provided by Nekt, owned and operated by Nekt Data Ltda. ("Nekt", "we" or "our"), including without limitation Nekt’s website, platform, applications, and any other digital products or services that link to or reference these Terms (collectively, "Services"). By accepting these Terms, you hereby agree to be also bound and abide by Nekt’s Privacy Policy incorporated herein by reference.

If you are accepting these Terms on behalf of an entity or organization, you acknowledge that: (i) you are binding that entity or organization to this agreement and have the authority to do so; (ii) you are of legal age to form a binding contract with Nekt; and (iii) you acknowledge that you have read, understand, and agree to these Terms of Services.

If for any reason you do not accept to be bound to these conditions, you must not access or use the Services.

We may revise and update these Terms of Services from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Services means that you accept and agree to the changes. You are encouraged to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

In order to use the Service, you must first accept these Terms and fully comply at all times with it and any other policies or restrictions posted on or transmitted to you through our website and/or Services.
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For such, you are responsible for:

You agree that all personal information you provide to register with this Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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So long as you maintain timely payments of Fees for the Services, Nekt will make the Services available to you pursuant to this Terms on an as-available basis. The Services may be unavailable as a result of planned or emergency downtime and any unavailability caused by circumstances beyond Nekt’ reasonable control, including by way of example and without limitation, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay or denial of service attack. Nekt reserves the right at any time to modify or discontinue the Service or any part thereof, temporarily or permanently, with or without notice, in Nekt’s sole and absolute discretion. You agree that Nekt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Nekt reserves the right at any time in its sole discretion to block users, including without limitation users from certain IP addresses, from accessing the Service.

By subscribing to any Service, you agree to pay the fees associated with it, which will be billed to you in advance at regular intervals, such as monthly, quarterly, or annually, according to plan subscribed by you (“Fees”). These fees are non-refundable, and you agree that we may charge your payment method for the relevant Fees.
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We may grant you a no-fee trial access to the Services for a certain period, at our sole discretion ("Free Trial"). Unless otherwise agreed, the Fees will be due immediately upon termination of the Free Trial.
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If you fail to pay any invoiced Fees to Nekt when due, without limiting Nekt’s other rights and remedies, Nekt may (i) suspend your access to the Service until all outstanding Fees are paid in full, and (ii) charge interest on the past due amount at a rate of 12% per year or, if lower, the highest rate permitted under applicable law.
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In case you incur in repeated delayed payments, or in case you do not resume payments for a period longer than ninety (90) days, Nekt reserves the right to cancel and permanently delete your account.
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We also reserve the right to change the Fees for our Services at any time, or add new Fees or charges, by giving you notice in advance, and such changes will be effective immediately upon the end of the billing cycle.
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You are responsible for all sales, service, value-added, use, excise, consumption and any other taxes on amounts payable by you under these Terms (other than any taxes on Nekt income, revenues, gross receipts, personnel or assets).

Our Services are designed to ensure uninterrupted service, which means that they are set up to automatically renew unless you cancel them before the end of the applicable subscription period. By subscribing to a Service, you authorize us to invoice you and collect the subscription Fee (plus applicable taxes) through any payment method we have on record for you. The renewal period for your Services will be the same as the initial subscription period.
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You may cancel your subscription at any time by contacting our support team, provided that Nekt will not give refunds for any unused portion of the Service. If you decide to cancel your subscription, your access to the Services will be terminated at the end of the billing cycle of your plan.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Nekt, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any of the material on our Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Services, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Nekt. Any use of the Services not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark and other laws.
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Nekt may use your business’ name for marketing or promotional purposes and you hereby grant to Nekt a non-exclusive, non-sublicensable, revocable right to display your name, logo, trademark and other identifiers for this limited purpose.

Nekt's Privacy Policy is hereby incorporated by reference and shall apply to the processing of Personal Information as described in the Policy.
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For the avoidance of doubt, Nekt does not act as a data processor with respect to any data collected by you and processed by or within Nekt's platform. As the controller of such data, you agree to comply with your Organization's obligations under applicable data protection laws in the processing of all personal data and any processing instructions that you may issue to Nekt. The terms “controller”, “processor”, and “personal data” shall have the meanings given to them in applicable data protection laws.

By subscribing to the Services, each party may receive or have access to commercially valuable technical and nontechnical confidential or proprietary information, including data or proprietary information of the other party or a third party, in whatever form, relating to the business that is not generally known or available to others, including but not limited to, source code and documentation for software, trade secrets, know-how, customer lists, pricing strategies, payment terms, marketing and business plans, information concerning such party’s vendors, and such party’s contemplated plans, strategies and prospects (“Confidential Information”). Notwithstanding the foregoing, Confidential Information does not include information that: (a) is in the public domain prior to the disclosure or becomes part of the public domain through no wrongful act of the receiving party; (b) was in lawful possession of the receiving party prior to the disclosure; (c) was independently developed by the receiving party outside the scope of this Agreement; or (d) was disclosed to the receiving party by a third party who was in lawful possession of the information.
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Except as expressly and unambiguously provided herein, the receiving party will hold in confidence and not disclose any Confidential Information of the disclosing party and will similarly bind its personnel. Each party acknowledges and agrees that any Confidential Information received or obtained from the other party will be the sole and exclusive property of the other party and may not be used, disseminated, or disclosed except as may be necessary to perform the obligations required under these Terms, or as may be required by law. If disclosure is required by law, the party required to disclose Confidential Information shall reasonably cooperate with the other party (at the other party’s request and expense) so that the other party may preserve the confidentiality of the Confidential Information to the extent reasonably possible.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to (and shall not permit others to) use the Services:

Additionally, you agree not to (and shall not permit others to):

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Nekt has the right to, at its sole discretion, terminate or suspend your access to all or any part of the Services, in case you fail to make any payment, or for any other violation to the terms and conditions provided herein and/or in the applicable laws. Notwithstanding, Nekt reserves the right to terminate these Terms at any time and for any reason, upon with at least 30-day notice in advance from the effective termination date.
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Termination shall not affect rights and/or obligations of the parties which arose prior to any such termination, including without limitation warranties, indemnities, limitations of liability, which by their nature extend beyond the expiration or termination of these Terms.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
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Nekt will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Services or items obtained through the Services is at your own risk. The services or items obtained through the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Nekt nor any person associated with Nekt makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither Nekt nor anyone associated with Nekt represents or warrants that the services or items obtained through the Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any Services or items obtained through the website will otherwise meet your needs or expectations.
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Nekt hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

In no event will Nekt, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services or items obtained through the services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Nekt shall have no liability for any failure or delay due to matters beyond their reasonable control, including, without limitation, acts of God, acts of government, acts of war, strikes or other labor disturbances, or interruptions of telecommunications or internet services.
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Nekt’s aggregate liability under these Terms shall be limited to Fees actually paid by you in connection with the service in the six (6) months preceding the event giving rise to your claim. The provisions of this section allocate the risks under these terms between the parties, and the parties have relied on these limitations in determining whether to enter into these Terms.

You agree to defend, indemnify and hold harmless Nekt, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Services or your use of the Services, including, but not limited to, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Services or your use of any information obtained from the Services.

All matters relating to the Services and these Terms of Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Services or the Services shall be instituted exclusively in the courts of the State of Delaware, although Nekt retain the right to bring any suit, action or proceeding against you for breach of these Terms of Services in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you have any feedback, comments, requests for technical support or other communications relating to the Services, please contact us at legal@nekt.ai.