Embedded Files
Terms of Service
Last updated: April 21, 2025
These Terms of Service ("Terms") govern your use of the Nextwall mobile application ("App"). By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the App.
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1. Acceptance of Terms
By using the App, you confirm that you have read, understood, and agreed to these Terms. These Terms apply to all users, including those who use the App without creating an account.
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2. Eligibility
You must be at least 13 years old to use the App. If you are under 18, you must have parental or guardian consent. By using the App, you represent and warrant that you meet these requirements.
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3. User Accounts
- You may use the App without an account, but access to certain features will be limited.
- To access full functionality, you must create an account using a valid email address.
- You are responsible for maintaining the confidentiality of your login credentials.
- You agree to provide accurate and complete information when creating your account.
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4. User Content
- You may upload images and other content ("User Content") to the App.
- You retain ownership of your User Content.
- By uploading content and marking it as public, you grant NextWall a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your content within the App and related promotional materials.
- You are solely responsible for your User Content and any consequences of sharing it.
- You represent that you have all necessary rights to upload and share your content.
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5. Prohibited Conduct
You agree not to:
- Upload content that is illegal, harmful, abusive, defamatory, obscene, or infringing
- Use the App for any unlawful or fraudulent purpose
- Attempt to gain unauthorized access to the App or its systems
- Interfere with or disrupt the App or its servers
- Use automated scripts to collect data or interact with the App
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6. Intellectual Property
- All content and materials provided by NextWall, including logos, designs, and software, are the property of NextWall or its licensors.
- You may not copy, modify, distribute, or create derivative works from our content without prior written consent.
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7. Privacy
Your use of the App is also governed by our [Privacy Policy](nextwall://privacy), which explains how we collect, use, and protect your personal data.
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8. Limitation of Liability
- The App is provided "as is" and "as available" without warranties of any kind.
- We do not guarantee that the App will be error-free, secure, or uninterrupted.
- We are not liable for any damages resulting from your use of the App, including but not limited to data loss, unauthorized access, or user content.
- We are not responsible for the legality or accuracy of user-uploaded content.
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9. Indemnification
You agree to indemnify and hold harmless NextWall, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:
- Your use of the App
- Your User Content
- Your violation of these Terms or applicable laws
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10. Beta Features
We may offer experimental or beta features that are still under development. These features may be unstable or change without notice. Use of beta features is at your own risk.
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11. User Feedback
If you submit feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate them without obligation or compensation.
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12. Force Majeure
We are not liable for any failure or delay in performance due to events beyond our reasonable control, including natural disasters, internet outages, government actions, or labor disputes.
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13. Third-Party Links and Services
The App may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party services.
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14. App Store Terms
You must also comply with the terms of service of the platform from which you downloaded the App (e.g., Google Play, Apple App Store). These Terms do not override those agreements.
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15. Termination and Account Deletion
- We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users or the App.
- You may delete your account at any time by following these steps:
1. Go to Settings in the App
2. Select "Account" or "Profile"
3. Choose "Delete Account"
4. Follow the confirmation prompts to complete deletion
Upon account deletion:
- Your personal information will be removed from our active systems within 30 days
- Your uploaded content marked as public may continue to be available within the App unless you specifically delete it before account deletion
- Some information may be retained in backup systems for up to 90 days
- We may retain certain information as required by law or for legitimate business purposes
Account deletion is permanent and cannot be reversed. If you wish to use the App again, you will need to create a new account.
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16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
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17. Dispute Resolution
We encourage you to contact us first to resolve any disputes. If a dispute cannot be resolved informally, it may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial or to participate in a class action.
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18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
An unenforceable provision will not affect the validity or enforceability of the remainder of the Terms. If any provision is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity of any remaining provisions.
In the event of such a determination, the parties agree to negotiate in good faith to modify any such provision to make it valid and enforceable while preserving its intent as closely as possible.
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19. Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.
We may assign or transfer these Terms, in whole or in part, without restriction. We may also assign any of our rights and obligations under these Terms without your consent to:
- A subsidiary or affiliate
- An acquirer of our business, brand, or assets
- A successor by merger
If any assignment occurs, we will provide notice through the App or by other reasonable means. If you do not wish to continue using the App under the new entity, you may delete your account as described in the Termination section.
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20. Changes to Terms
We may update these Terms from time to time. We will notify you of significant changes via the App or email. Continued use of the App after changes constitutes acceptance of the updated Terms.
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21. Subscription and Payments
The App currently offers free features. We may introduce premium features in the future, which will be clearly identified within the App.
If premium features become available:
- All purchases will be processed through your app store account (Google Play or Apple App Store)
- Prices, features, and terms will be clearly displayed before purchase
- Subscriptions, if offered, will automatically renew unless canceled at least 24 hours before the end of the current period
- You can manage and cancel subscriptions through your app store account settings
We will provide notice of any pricing changes or subscription terms through the App or other communication methods.
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22. Refund Policy
Refunds for any paid features are handled according to the policies of the app marketplace (Google Play Store or Apple App Store) through which you made the purchase.
For Android users, Google Play Store's refund policy generally allows:
- Refund requests within 48 hours of purchase for one-time purchases
- Cancellation of subscriptions with service until the end of the billing period
We do not directly process refunds. All refund requests must be submitted through your app store account or by contacting the app store's customer support.
For assistance with refund-related issues, you may contact us through the Google Play Developer contact option, though final refund decisions rest with the app marketplace.
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23. Copyright Infringement Claims
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been used on our App in a way that constitutes copyright infringement, please provide us with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work claimed to be infringed
3. Description of the allegedly infringing material and its location within the App
4. Your contact information (address, telephone number, email)
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner
You can submit copyright infringement notifications through the Google Play Store by visiting our app listing and selecting the Developer Contact option.
We will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
Users who repeatedly infringe others' copyrights will have their accounts terminated.
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24. Export Compliance
The App is subject to United States export laws and regulations. You agree not to, directly or indirectly, export, re-export, or transfer the App to prohibited countries or individuals or for prohibited purposes.
By using the App, you represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo
- You are not listed on any U.S. Government list of prohibited or restricted parties
- You will comply with all applicable laws regarding the transmission of technical data
The App may not be available in all countries, and you agree not to use the App in locations where it is prohibited by law.
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25. Accessibility
We are committed to making our App accessible to all users, including those with disabilities. Our ongoing efforts include:
- Following industry best practices for mobile accessibility
- Working toward compliance with WCAG (Web Content Accessibility Guidelines) standards
- Regularly testing and improving accessibility features
If you encounter accessibility barriers or have suggestions for improving accessibility, please contact us through the Google Play Store Developer Contact option. We welcome feedback that helps us improve accessibility for all users.
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26. Contact Us
If you have questions about these Terms, you can contact us through:
- Google Play Store Developer Contact: You can contact us through our developer contact page on Google Play Store by visiting our app listing, scrolling to the bottom, and selecting "Developer Contact"
- In-app feedback option in the Settings menu
**Jurisdiction**: California, United States
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