1. Service Provider Identification
In compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE), you are informed that the web platform and software-as-a-service (SaaS) marketed under the Nextaur brand (hereinafter, the "Platform" or the "Service") is operated and owned by:
Owner: Erik Armenteros del Castillo (hereinafter, "Nextaur" or the "Provider")
Tax ID (NIF/CIF): 51988106X
Registered address: Calle Pico de los Artilleros, Madrid, 28030, Spain
Legal contact email: legal@nextaur.com
2. Purpose and Description of the Service
Nextaur is a B2B SaaS platform for managing, actively learning from, and analyzing audiovisual content. It provides infrastructure for instructors, evaluators, federations, clubs, and training organizations to create projects, upload videos (clips), manage playlists, and assess users through interactive activities and video tests.
These Terms and Conditions govern access to and use of the Platform by contracting Organizations and their authorized end users.
3. Eligibility, Registration, and Minimum Age
Use of the Platform is subject to the following age and legal capacity requirements:
- End Users (Viewers, Instructors, Admins): To register an account on Nextaur, the user must be at least 14 years old. If the Organization invites users under 14, it is the exclusive and non-delegable responsibility of that Organization to obtain the necessary parental or legal guardian consents.
- Organization Owner: The user who registers and subscribes to a plan for an Organization must be at least 18 years old and have sufficient legal capacity to enter into binding contracts.
4. Accounts and Organization Responsibility
Nextaur operates under an "Organizations" model. The person who creates the Organization (the "Owner") acts as the primary contracting customer with Nextaur.
- Roles: The Owner may invite other users and assign roles with different permission levels (Admin, Instructor, Viewer). The Owner is solely responsible for managing those permissions.
- Use of credentials: Accounts are personal and non-transferable. The Organization and its users are responsible for keeping their passwords confidential.
- Third-party data: When inviting members or processing data of students, employees, or athletes, the Organization acts as the Data Controller, with Nextaur acting solely as the Data Processor (see the Data Processing Agreement in our Privacy Policy).
5. Plans, Billing, and Commercial Terms
Nextaur offers various subscription plans (Free, Starter, Professional, Enterprise) whose features, user limits, storage quotas, and prices are detailed on the official website at the time of subscription.
5.1 Payments and Renewal
Billing is processed through our payment provider (Stripe). Subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless the Organization cancels the subscription before the renewal date.
5.2 Non-payment, Cancellation, and Inactivity
- Non-payment and suspension: In the event of non-payment, Nextaur will immediately suspend access to the Organization. The Owner will have 15 days to settle the payment and reactivate the subscription. If payment is not settled within that period, the Organization will be permanently disabled. Data will be retained for an additional 30 days before deletion, unless a legal retention obligation applies.
- Retention after voluntary cancellation: After voluntary cancellation, Nextaur will retain the Organization's data for 30 days before purging and permanently deleting it, with no possibility of recovery.
- Inactive accounts (Free plan): Organizations on the Free plan that remain inactive in the workspace for 30 consecutive days may be automatically deleted, including associated data. Activity means any relevant use or modification of the organization on the platform. The owner will receive email notices five (5) days and one (1) day before the scheduled deletion date.
Important note: Nextaur does not offer automatic refunds or return guarantees for periods already billed or partially unused, unless applicable consumer law mandatorily requires otherwise.
6. License and Restrictions
Nextaur grants the Organization a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with the subscribed plan.
The following is strictly prohibited:
- Reverse engineering, decompiling, or attempting to extract the Platform's source code.
- Reselling, sublicensing, or commercially exploiting Nextaur software without authorization.
- Using the Platform to store or disseminate unlawful, pornographic, hate-inciting content, or content that violates fundamental rights.
- Attempting to breach security systems, storage quotas, or Platform limits.
7. User Content and Intellectual Property
7.1 Content Ownership
Nextaur does not claim ownership of videos, clips, images, text, assessment data, or any other material that the Organization or its users upload to the Platform ("User Content"). You retain all intellectual property rights in your content.
7.2 Hosting License
By uploading content, you grant Nextaur a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (for example, to adapt video format), and distribute such content solely for the purpose of operating and providing the Service to your Organization.
7.3 Content Liability Disclaimer (Safe Harbor)
Nextaur acts exclusively as a technical intermediary service provider ("Safe Harbor"). Nextaur does not proactively monitor, edit, or approve videos or materials uploaded by users.
The Organization represents and warrants that it holds all necessary rights, licenses, and consents (including image rights of persons and minors appearing in videos) to upload and use the content. Nextaur expressly disclaims all liability arising from User Content, copyright infringement, or violations of honor or privacy rights.
7.4 Use of Aggregated and Statistical Data
Nextaur reserves the right to collect and use anonymized and aggregated data derived from use of the Platform (such as, by way of example, total registered users, number of active organizations, or volume of activities generated) for statistical, analytical, service improvement, and marketing or commercial promotion purposes. Under no circumstances will this statistical information include personal data or allow individual identification of users or User Content uploaded to the Platform.
8. Copyright Policy (Notice and Takedown)
Nextaur respects third-party intellectual property. If you are a rights holder (or their agent) and believe that content hosted on our platform infringes your copyright, you must send a notice to legal@nextaur.com including:
- Identification of the copyrighted work allegedly infringed.
- Identification of the infringing material with sufficient information to locate it (URL or precise description).
- A statement that the use is not authorized by the owner, their agent, or the law.
- Contact details of the claimant.
Nextaur will promptly remove or block access to the reported content. We will also provide the user who uploaded the content the opportunity to submit a counter-notification if they believe the use of the material is covered by legal exceptions, such as teaching illustration. Upon a valid counter-notification, Nextaur will not intervene beyond restoring the content and notifying the claimant, with the dispute to be resolved between the parties.
9. Limitation of Liability
To the maximum extent permitted by law, Nextaur, its owner, employees, or collaborators SHALL NOT BE LIABLE for:
- Use of the Platform by the Organization or its users.
- Training, disciplinary, sports, or arbitration decisions made based on videos, interactive activities, or analytics extracted from the Platform. Nextaur is a technical tool and does not certify results or replace official human or regulatory judgment.
- Indirect damages, loss of profit, data loss (beyond standard security obligations), loss of business opportunities, or reputational harm.
- Service interruptions due to maintenance, infrastructure provider outages (e.g., AWS S3, CloudFront), or force majeure.
If any liability on the part of Nextaur is determined, total cumulative compensation shall be limited to the amount paid by the Organization for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
10. Changes to the Service and Terms
Nextaur reserves the right to modify the structure, features, plan limits (such as disabling features on specific plans), and prices of the Platform. Any material change to terms or prices will be notified to Organizations with reasonable advance notice. Continued use of the Platform after changes take effect will constitute acceptance of those changes.
11. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Spain. For the resolution of any dispute, disagreement, or claim arising from the interpretation, performance, or breach of these terms, the parties expressly agree to submit to the jurisdiction of the courts of Madrid (Spain), waiving any other venue that may apply, unless applicable consumer law mandatorily requires a different venue.