Terms and Conditions

By using the NextBrain AI, a service provided by Softpoint Consultores, you are agreeing to be legally bound by the terms and conditions that follow. Softpoint Consultores reserves the right to update and modify the Terms of Service infrequently without notice, except when we are required to notify you in order to ask for your consent, or to comply with your right to be informed. Continued use of the Service subsequent to any alterations you don’t need to be informed of, will establish your consent to such alterations. Violation of any of the terms below will lead to the termination of your Account. You agree to utilize the Service at your own risk. The Service is provided on an “as-is” and “as-available” basis. We reserve the right to update or modify our Service and its features. Our employees are contractually obliged to respect your privacy and have received basic training in data protection best practices. You comprehend that Softpoint Consultores uses third party vendors and hosting partners to provide fundamental software, hardware, storage, networking, and other related technology that is required to run the Service. Third party service providers that we work with are required to offer the same degree of security and privacy as we do and to adhere to the same rules. When required, Privacy Policy pages of those providers will be made available to you.

Account Terms

Accounts registered by bots or other automated methods are prohibited. You must supply a valid email address so as to finalize the signup process. You are accountable for maintaining the security of your account, password, and dashboard URLs. Softpoint Consultores cannot and will not be held responsible for any mishaps or damage resulting from your inability to comply with this security obligation. You are held accountable for all Content posted and all activity that takes place under your account (even when Content is posted by others who have access to your account). You may not use the Service for any unconstitutional or illegal purpose. You must not, during the use of the Service, defy any laws in your jurisdiction (including but not limited to copyright laws). Likewise, as a user of our service, you will not: (a) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (b) attempt to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d upload personal data without first getting the consent of the data subject it is referring to. You are solely accountable for correctly canceling your account. Sending an email to info@nextbrain.ai to cancel your account is considered cancellation. Most of your content will be momentarily removed from the service upon cancellation. This information cannot be restored once your account is canceled.

Services

During the Term, we will provide the Services to the Client on, and subject to, the terms of this agreement. Nextbrain.ai is an automated reporting and digital marketing add-on for Google Sheets, enabling you to import and organize web metrics from a number of different data sources. The purpose of the Service is to communicate information and data relating to the Client’s business and in accordance with metrics selected by Authorized Users. The Services do not provide an analysis of such information and data, and are not intended to amount to advice on which the Client should rely. We may, from time to time during the Term make new features, functionality, applications or tools available in respect of the Services. We can also modify the Software by issuing updates or new releases without adversely affecting the then existing functionality of the Services.

Limited License to use Services

If and when you access and/or use the above-described Services on the Site, the technology enabling you to do so is deemed under this Agreement to be licensed to you by the Company for your personal, non-commercial use only, unless you select a paid plan which allows commercial use of the Product by business entities and agencies. Company does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and Company retains full and complete title to any and all intellectual property rights currently belonging to Company. Nothing contained on the Site or offered in the Services should be understood to grant you a license to use any of the trademarks, service marks, or logos owned by Company.

Support

Newsletter and Email Policy

If you have previously chosen to receive our newsletter, you can always opt out by following the ‘unsubscribe’ link in the emails we send, in which case you will not receive regular information and words of advice regarding Nextbrain.ai. However, Softpoint Consultores reserves the right to inform you of any major updates or other significant information regarding your account, as well as send courtesy follow-up emails regarding your trial period version for as long as your account is active. If you do not wish to receive these emails, please do not sign up for the newsletter, or delete your account.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is needed for paying accounts. You can upgrade, downgrade or cancel your paying plan at any time. The Service is billed beforehand on a monthly basis and is non-refundable. There will be no credits or refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To alter/cancel your service, log into your account and modify/cancel your actual plan or simply email us at info@nextbrain.ai at the end of the month. Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 14 days from the date you register (“Free Trial Period”). You can view our pricing page here. All invoices for custom, on-demand work are required to be paid in full within 30 days. Courtesy reminders will be sent by email occasionally, to inquire about the status of an unpaid invoice. After 30 days, we reserve the right to automatically process the payment of an unpaid invoice from your credit card. Softpoint Consultores reserves the right to occasionally and at any time modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. Prices of all Services, including but not limited to, monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. We may also terminate our Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.

Supported Browsers

Nextbrain.ai supports present and previous major releases of Chrome, Firefox, Edge, and Safari. Every time a new version is released, we begin supporting that version and stop supporting the third most recent version. We are devoted to providing our clients with regularly updated advanced dashboard features and better user experience. We support the latest browser versions so that you can make the most out of Nextbrain.ai. Please contact our support team for any inquiries you might have.

Copyright and Content Ownership

You are not allowed to duplicate, copy, or reuse any quantity of the HTML/CSS/JS or visual design elements without express written permission from Softpoint Consultores. The look and feel of the Service is a copyrighted property of Softpoint Consultores. The entirety of the content posted on the Service must comply with copyright laws.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws applicable in Spain, without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation to these Terms, the Software, or the Website, to attorn to the judicial district of Madrid, Spain, as the relevant location for the hearing of said claim or lawsuit and excluding any other judicial district or any other district which might have jurisdiction concerning any such matter.

Privacy

Protecting our customers’ information and privacy is our main priority. The Nextbrain.ai’s privacy policy incorporates its employees, partners, agents, affiliates, and contractors. We consider information about our customers, including personal information, strictly confidential and consistent with all legal and regulatory requirements. We use a synthesis of technology and standard practices to ensure that your information is secured from unauthorized access or exposure. The information we collect about you in the course of conducting normal business won’t be shared with third parties. We gather customer information based on our mutual business relationship and your use of the services and solutions we provide. Some Examples Include:

• Contact information that allows us to communicate with you, including your name, company and email address.
• Billing information concerning your financial relationship with us, including your payment data and history. Our third-party payment provider, Stripe, must receive your payment data in order to process your payment with Nextbrain.ai. However, we don’t store your credit card data anywhere. You can view the Stripe privacy policy here: Stripe Privacy Policy.
• Data used for connecting our dashboard solution to your or your clients’ data sources.

For additional information or to address any concerns, please contact info@nextbrain.ai or refer to our Privacy Policy page.

Do You Store My Passwords?

No. The majority of data source providers obtain a secure way of authentication that does not require you to provide your credentials. We only encrypt and store the secure token that is given by the API provider when you finish the authorization process. This makes it possible for us to fetch data and generate your dashboards without requiring you to perform an authorization every day.

How Safe is Nextbrain.ai?

Internet communications between Nextbrain.ai and all 3rd party APIs uses SSL encrypted HTTPS connections. Data confidentiality is of utmost importance to us. The trust in our product is dependent on our capacity to protect our client’s data, so we are dedicated to implementing the best security practices in the industry.

What Analytics Data do we Store?

We don´t store any of the returned data from the API calls. We only store your queries parameters for debug purpouses, witch includes the datasource name, date and time, IP and the filters.

Indemnification

You hereby agree to indemnify and hold harmless Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.

No Warranties

Company hereby disclaims all warranties. Company is making the site available without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted, timely, virus or error-free, or that data displayed by the services will be accurate or reliable.

Limited Liability

Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall company, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or services of company. You hereby agree that company’s liability to you will not exceed any fees paid by you to company for the service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Links and Affiliated Sites

Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with or from the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

Severability; Waiver; Assignment

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Softpoint Consultores may assign or delegate some or all of its rights and obligations under this Agreement.

Modifications and Amendments

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Publicity

The Client hereby gives Softpoint Consultores permission to refer to the Client and the Services provided to the Client under this agreement, and use the Client’s corporate logo in connection with the promotion of the Services in any media during the Term, including but not limited to the website nextbrain.ai. If you want to revoke this permission, you can contact us on info@nextbrain.ai.

Do You Have any Additional Questions or Concerns?

Do not hesitate to contact us at info@nextbrain.ai