Terms and Conditions
Effective date: [EFFECTIVE_DATE]
These Terms and Conditions ("Terms") govern your access to and use of the Nectios platform ("Service"), operated by [COMPANY_NAME] ("Nectios", "we", "us", or "our"). By registering for an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Description of Service
Nectios is a multi-tenant Software as a Service (SaaS) and Platform as a Service (PaaS) for community building and collaboration. The Service allows you to:
- Create Platforms: Set up independent community environments with custom branding, member management, and content tools.
- Create Spaces: Organize activities within Platforms into Spaces of various types, including communities, projects, challenges, courses, and events.
- Manage Members: Invite, onboard, and manage members with role-based access control.
- Collaborate: Share content, communicate via real-time chat, send notifications, and host events.
We may modify, expand, or discontinue features of the Service at any time, with reasonable notice for material changes.
2. Account Registration and Security
2.1 Eligibility
You must be at least 16 years of age to use the Service. By registering, you represent that you meet this requirement.
2.2 Account Information
You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain only one account per person
2.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access
We strongly recommend enabling two-factor authentication (2FA) to enhance your account security.
3. Platform Owner Responsibilities
If you create a Platform on Nectios, you assume the role of Platform Owner and agree to:
- Content moderation: You are responsible for monitoring and moderating content posted by members within your Platform.
- Member management: You are responsible for managing member access, roles, and permissions.
- Legal compliance: You must ensure your Platform complies with all applicable laws and regulations, including data protection laws. If your Platform collects personal data from members, you may be considered a data controller or joint controller under the GDPR.
- Acceptable use: You must not use your Platform for any purpose that violates these Terms or applicable law.
4. User Conduct
When using the Service, you agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Post or transmit content that is defamatory, obscene, threatening, abusive, or otherwise objectionable
- Send unsolicited communications (spam) to other users
- Upload malicious code, viruses, or any harmful software
- Attempt to gain unauthorized access to other accounts, systems, or networks
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Scrape, crawl, or use automated tools to extract data from the Service without our written consent
- Impersonate another person or entity
- Interfere with or disrupt the Service or servers
- Use the Service for any illegal activity, including money laundering, fraud, or the distribution of illegal content
We reserve the right to investigate violations and take appropriate action, including suspending or terminating accounts.
5. Intellectual Property
5.1 Nectios Intellectual Property
The Service, including its source code, design, branding, logos, and documentation, is owned by [COMPANY_NAME] and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.
5.2 Your Content
You retain ownership of all content you create, upload, or share through the Service ("Your Content"). By using the Service, you grant Nectios a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute Your Content solely for the purpose of providing and improving the Service.
This license terminates when you delete Your Content or your account, except where Your Content has been shared with other users or platforms and they have not deleted it.
5.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.
6. Payments, Subscriptions, and Refunds
6.1 Plans and Pricing
The Service offers both free and paid subscription plans. Paid plans provide access to additional features, higher usage limits, and premium support. Current pricing and plan details are available on our website.
6.2 Billing and Renewal
- Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
- Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
- Payment is processed through our third-party payment processors: Stripe, PayPal, and/or Redsys.
6.3 Price Changes
We may change subscription prices with at least 30 days' prior notice. Price changes take effect at the start of the next billing period following the notice. If you disagree with a price change, you may cancel your subscription before the new price takes effect.
6.4 Cancellation
- You may cancel your subscription at any time through your account settings.
- Upon cancellation, you retain access to paid features until the end of your current billing period.
- After the billing period ends, your account will revert to the free plan.
6.5 Refund Policy
- Monthly plans: No refunds are provided for monthly subscriptions. You may cancel to prevent future charges.
- Annual plans: You may request a pro-rata refund within [REFUND_PERIOD] of your initial purchase or renewal. After this period, no refunds are available.
- Refund requests: Contact [CONTACT_EMAIL] to request a refund.
6.6 Failed Payments
If a payment fails, we will attempt to process it again over a grace period of [GRACE_PERIOD]. If payment remains unsuccessful, your subscription may be suspended or downgraded to the free plan. We will notify you by email before any suspension.
6.7 Taxes
Prices may be exclusive of applicable taxes (such as VAT). You are responsible for paying any taxes that apply to your subscription based on your location.
7. Service Availability
- We use commercially reasonable efforts to maintain the availability of the Service, but we do not guarantee uninterrupted or error-free operation.
- We may perform scheduled maintenance with prior notice. Urgent maintenance may occur without notice when necessary to protect the integrity of the Service.
- We are not liable for any downtime, data loss, or service interruptions caused by factors beyond our reasonable control (force majeure), including but not limited to natural disasters, internet outages, or third-party service failures.
8. Data Protection
We process your personal data in accordance with our Privacy Policy, which forms part of these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
If you are a Platform Owner and your Platform collects personal data from members, you acknowledge that:
- You may act as a data controller or joint controller under the GDPR for member data within your Platform.
- You are responsible for ensuring that your data processing activities comply with applicable data protection laws.
- Nectios acts as a data processor on your behalf for the purpose of providing the Service.
9. Account Termination
9.1 Termination by You
You may delete your account at any time through your account settings. Upon deletion:
- Your account is immediately deactivated
- Your personal data is handled as described in our Privacy Policy
- Platforms you own will be deactivated (and their members notified)
9.2 Termination by Nectios
We may suspend or terminate your account if:
- You violate these Terms
- Your use poses a security risk to the Service or other users
- Your account is inactive for an extended period (we will notify you before any inactivity-based termination)
- Required by law
Except in cases of severe violation or legal obligation, we will provide at least 30 days' notice before termination and an opportunity to export your data.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Nectios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
- Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim, or EUR 100, whichever is greater.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless [COMPANY_NAME], its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any applicable law or third-party rights
- Any activity in Platforms you own or manage
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of [APPLICABLE_LAW]. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of [JURISDICTION].
If you are a consumer residing in the European Union, you retain any mandatory consumer protection rights granted by the law of your country of residence. You may also use the EU Online Dispute Resolution platform to resolve disputes.
13. General Provisions
13.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13.2 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
13.3 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nectios regarding the use of the Service.
13.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
14. Changes to These Terms
We may update these Terms from time to time. When we make material changes:
- We will provide at least 30 days' notice before the changes take effect
- We will notify you via email and/or an in-platform notification
- The updated "Effective date" will be displayed at the top of this page
Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you disagree with the changes, you must stop using the Service and delete your account.
15. Contact Us
If you have questions or concerns about these Terms, please contact us:
- Email: [CONTACT_EMAIL]
- Postal address: [COMPANY_ADDRESS]