Terms of Service
Last updated: January 1, 2025
Acceptance of Terms
By accessing and using NextCasual Pulse's platform and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These terms apply to all users of the platform, including subscribers, trial users, and visitors to our website.
Service Description
NextCasual Pulse provides a subscription-based intelligence and prototyping platform for mobile gaming professionals. Our services include trend analysis, performance dashboards, prototyping tools, vendor directories, and related analytics services.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to subscribers.
User Accounts and Registration
To access certain features of our platform, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these requirements.
Subscription Terms and Billing
Our services are offered on a subscription basis with various pricing tiers. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in our refund policy.
We reserve the right to change our pricing with thirty (30) days' notice to existing subscribers. Price changes will not affect your current billing cycle.
Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these terms. You may not use our platform to transmit harmful, offensive, or illegal content, or to violate the rights of others.
Prohibited activities include but are not limited to: attempting to gain unauthorized access to our systems, interfering with other users' access to the service, and using our platform for competitive intelligence gathering against NextCasual Pulse.
Intellectual Property Rights
All content, features, and functionality of our platform, including but not limited to text, graphics, logos, software, and data compilations, are owned by NextCasual Pulse and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes only. This license does not include any right to resell or make commercial use of our services.
User-Generated Content
You retain ownership of any content you submit to our platform, but you grant us a worldwide, royalty-free license to use, modify, and display such content in connection with providing our services.
You represent and warrant that you have all necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.
Data and Analytics
Our platform processes and analyzes data from various sources to provide insights and recommendations. While we strive for accuracy, we make no warranties regarding the completeness or accuracy of any data or analytics provided.
You acknowledge that business decisions based on our analytics are made at your own risk, and we are not liable for any consequences of such decisions.
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these terms by reference.
By using our services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
Service Availability and Support
We strive to maintain high service availability but do not guarantee uninterrupted access to our platform. We may perform maintenance, updates, or modifications that temporarily affect service availability.
Support is provided according to your subscription level. We aim to respond to support requests within reasonable timeframes but do not guarantee specific response times.
Limitation of Liability
To the maximum extent permitted by law, NextCasual Pulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claims arising from or related to these terms or our services shall not exceed the amount paid by you for our services in the twelve months preceding the claim.
Indemnification
You agree to indemnify and hold harmless NextCasual Pulse and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these terms.
This indemnification obligation will survive termination of your account or these terms.
Termination
Either party may terminate your subscription at any time with appropriate notice. We may immediately terminate or suspend your access if you violate these terms or engage in prohibited activities.
Upon termination, your right to access our services will cease immediately, but certain provisions of these terms will survive termination.
Governing Law and Dispute Resolution
These terms are governed by the laws of the jurisdiction where NextCasual Pulse is incorporated, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in accordance with applicable arbitration rules.
You waive any right to participate in class action lawsuits or class-wide arbitration against NextCasual Pulse.
Changes to Terms
We reserve the right to modify these terms at any time. We will provide notice of material changes through our platform or via email. Your continued use of our services after such notice constitutes acceptance of the modified terms.
If you do not agree to the modified terms, you may terminate your subscription in accordance with the termination provisions above.