NextErgo designs products and tools that help you achieve your healthier working goals and inspire you to lead less sedentary and active work environment. These Terms of Service (“Terms”) apply to your access and use of the NextErgo desks and mobile application. The “NextErgo Service” includes our desk including associated firmware, applications, software, websites, APIs, products, and services.
You must accept these Terms to create a NextErgo account and to access or use the mobile application. If you do not have an account, you accept these Terms by using any part of the NextErgo Service. If you do not accept these terms, do not create an account or use the NextErgo Service.
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the NextErgo Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the NextErgo Service ifyou are barred from receiving services under applicable law or have previously been suspended or removed from the NextErgo Service.
You may only connect to the NextErgo Service using (i) a desk that is manufactured, distributed, or sold by NextErgo itself or through its authorized resellers or agents; or (ii) our mobile applications and software, or approved third-party applications, software, or devices. You may not connect to the NextErgo Service with any device that is not manufactured, distributed, or sold by NextErgo itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a NextErgo device); otherwise intends to resemble or purports to be a NextErgo device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the NextErgo Service.
Full use of the NextErgo Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. NextErgo is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
Full use of the NextErgo Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the NextErgo Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
NextErgo may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, usage logs, comments, and other information and content (“Your Content”) to and via the NextErgo Service. You retain all rights to Your Content that you post to the NextErgo Service. By making Your Content available on or through the NextErgo Service you hereby grant to NextErgo a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media..
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the NextErgo Service, and your use of the NextErgo Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the NextErgo Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the NextErgo Service, or which may expose us or our users to any harm or liability of any type.
NextErgo may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the NextErgo Service.
“NextErgo Content” includes any photos, images, graphics, video, audio, data, text, music, usage advice, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the NextErgo Service. NextErgo Content, the NextErgo Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the NextErgo Service. Our logos and any other NextErgo trademarks that may appear on the NextErgo Service, and the overall look and feel of the NextErgo Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the NextErgo Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
The NextErgo Service is intended for your personal, non-commercial use.
NextErgo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the NextErgo Service, (2) access and view the NextErgo Content, (3)access and use the software and mobile applications provided by the NextErgo Service, and (4) use the software that is embedded into NextErgo devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any NextErgo Service. This license is provided solely for your personal, non-commercial use and enjoyment of the NextErgo Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the NextErgo Content, NextErgo Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NextErgo or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the NextErgo Service: (1) use, display, mirror, or frame the NextErgo Service or any individual element within the NextErgo Service, including the layout and design of any page, without NextErgo’s express written consent; (2) use NextErgo’s name, any NextErgo trademark or logo, or any NextErgo proprietary information without NextErgo’s express written consent; (3) access or tamper with non-public areas of the NextErgo Service, NextErgo’s computer systems, or the technical delivery systems of NextErgo’s providers; (4) test the vulnerability of any NextErgo system or breach any security or authentication measures; (5) circumvent any technological measure implemented by NextErgo or any of NextErgo’s providers or any other third party (including another user) to protect the NextErgo Service; (6) access the NextErgo Service or NextErgo Content through the use of any mechanism other than through the use of an authorized connection, NextErgo Service, or NextErgo API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that NextErgo provides to you or any other part of the NextErgo Service.
We reserve the right (but are not required) to remove or disable access to the NextErgo Service, any NextErgo Content, or Your Content at any time and without notice, and at our sole discretion ,if we determine that the NextErgo Content, Your Content, or your use of the NextErgo Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the NextErgo Service, and in response may take any action we may deem appropriate.
If you rely on any NextErgo Content or the NextErgo Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the NextErgo Service, but we make noendorsement, representation, or warranty of any kind about any NextErgo Content, information, or services. The accuracy of the data collected and presented through the NextErgo Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the NextErgo Service. NextErgo Content and the NextErgo Service may change from time to time or vary by geographic location. News, weather, entertainment, maps, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the NextErgo Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the NextErgo Service.
The NextErgo Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the NextErgo Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the NextErgo Service and consult with a medical professional.
NextErgo respects the intellectual property of others and expects its users to do the same. It is Nextergo’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
Terms of Sale and Returns and Warranty
Nextergo’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods from NextErgo. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Nextergo’s acceptance. We may accept, decline, or place limits on your order for any reason.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by NextErgo, or obtained from sources other than you.
As part of your use of the NextErgo Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the NextErgo Service by using your account settings.We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be chargedby your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
NextErgo may change or discontinue, temporarily or permanently, any feature, component, or content of the NextErgo Service at any time without notice. NextErgo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, orcontent of the NextErgo Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by NextErgo products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or allof the NextErgo Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support.
the NextErgo service and NextErgo content are provided “as is,” without warranty of any kind. without limiting the foregoing, we explicitly disclaim all express or implied warranties arising out of or related to these terms or the NextErgo service, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the NextErgo Service or NextErgo Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the NextErgo Service or any NextErgo Content.
You will indemnify and hold harmless NextErgo or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the NextErgo Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Neither NextErgo, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the NextErgo service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the NextErgo service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not NextErgo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.in no event will nextErgo’s total liability arising out of or in connection with these terms or from the use of or inability to use the NextErgo service exceed the amounts you have paid to NextErgo for use of the NextErgo service or one hundred dollars ($100), if you have not had any payment obligations to NextErgo, as applicable. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between NextErgo and you. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Please read the following section carefully because it requires youto arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
You agree that any dispute between you and NextErgo arising out of or relating to these Terms of Service, the NextErgo Service, or any other NextErgo products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of theState of Texas without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against NextErgo, you agree to try to resolve the Dispute informally by contacting email@example.com or Customer Care at +1-972-423-8960. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or NextErgo may bring a formal proceeding.
We Both Agree To Arbitrate: You and NextErgo agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Exceptions to Agreement to Arbitrate: Either you or NextErgo may assert claims, if they qualify, in small claims court in Dallas (TX) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the NextErgo products or NextErgo Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with NextErgo on an individual basis, and maynot bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that theagreement to arbitrate is found not to apply to you or your claim, you and NextErgo agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Dallas County, Texas. Both you and NextErgo consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the NextErgo products or NextErgo Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between NextErgo and you regarding the NextErgo Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NextErgo and you regarding the NextErgo Service and NextErgo Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the NextErgo Service. When you use the NextErgo Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without NextErgo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. NextErgo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by NextErgo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the NextErgo Service. For notices made by e-mail, the date of receipt on the message will be deemedthe date on which such notice is transmitted.
NextErgo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such 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 NextErgo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control