General Terms.

1. Definitions

• NexaBroadcast: The provider of these general terms and conditions, part of the Dutch operating company as mentioned in Article 2.
• Customer: The natural person or legal entity that enters into a subscription or uses the services of NexaBroadcast.
• Services: The Software-as-a-Service (SaaS) radio tooling, online broadcasting tools, and related services accessible via the browser.
• Agreement: The arrangement between NexaBroadcast and the Customer for the provision of Services.
•  Platform: The online environment of NexaBroadcast where the Customer gains access to the broadcasting tools.

2. Company Information

• Phone: +31 85 369 66 46
• Email: contact@nexabroadcast.com
• Website: nexabroadcast.com/contact

3. Applicability

1. These Terms apply to all offers, quotes, and Agreements between NexaBroadcast and the Customer.
2. Any general terms and conditions of the Customer are expressly rejected.
3. If any provision in these Terms is found to be void or unenforceable, this shall not affect the validity of the remaining provisions.

4. Offer and Delivery

1. All offers on the website are non-binding unless explicitly stated otherwise.
2. Delivery of the Services takes place online ("SaaS"). After successful registration and payment, the Customer receives access to the Platform via a browser immediately or within the specified timeframe.
3. NexaBroadcast shall make reasonable efforts to ensure the Services are available 24/7 but does not guarantee uninterrupted availability due to maintenance or circumstances beyond its control.

5. Subscriptions and Payment

6. Cancellation and Termination

1. The Customer may cancel the subscription at any time via the account settings on the Platform or by written notice to order@nexabroadcast.com.
2. Notice Period: Cancellation must be submitted at least 7 days before the end of the current subscription period to prevent renewal.
3.  Upon cancellation, access to the Services will be maintained until the end of the already paid period. No refunds will be issued for remaining days within a period.
4. NexaBroadcast has the right to terminate the Agreement with immediate effect if the Customer violates the Terms or misuses the systems.

7. Terms of Use and Intellectual Property

1.  The Customer is granted a non-exclusive, non-transferable right to use the software for its own business broadcasting purposes.
2.  All intellectual property rights related to the software, the Platform, and NexaBroadcast's content remain the property of NexaBroadcast or its licensors.
3.  The Customer is not permitted to copy, decompile, or modify the software without prior written consent.
4.  The Customer is fully and exclusively responsible for all content (including but not limited to text, audio, images, and video) that it broadcasts, publishes, or processes via the Platform or tools.
5.  Within the Platform, the Customer has the option to add external sources. The Customer guarantees that it possesses all necessary rights, licenses, and permissions for the use of these sources and the content contained therein.
6.  NexaBroadcast is never responsible or liable for unauthorized use by the Customer of copyrighted works, content, text, images, or other third-party materials for which the Customer does not hold the copyrights or usage rights.
7.  The Customer shall fully indemnify and hold NexaBroadcast harmless from all third-party claims, including legal fees, arising from any (alleged) infringement of intellectual property rights or other unlawful use of content via NexaBroadcast's Services.
8. All NexaBroadcast (audio) productions are protected by copyright. Unauthorized use of this material is prohibited, including for training AI or TDM systems. This also applies to the use of materials from our partners, such as the Algemeen Nederlands Persbureau (ANP).
9. In the event of unauthorized reproduction or disclosure of NexaBroadcast Material, or that of partners such as the ANP, The Customer shall be liable for the alleged infringement of intellectual property rights and any resulting costs.

8. Liability

1. NexaBroadcast is only liable for direct damages resulting from an attributable failure to perform its obligations, up to a maximum amount equal to the subscription fees for the last three months.
2. NexaBroadcast shall never be liable for indirect damages, including lost profits, lost savings, or business interruption.
3. NexaBroadcast is not liable for damages caused by interruptions in the internet connection of the Customer or third parties.

9. Privacy and Data

1. NexaBroadcast processes personal data in accordance with the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy on the website for more details.
2. The Customer remains the owner of its own data entered into the system. NexaBroadcast will not use this data for its own purposes without consent.

10. Amendments

1. NexaBroadcast reserves the right to unilaterally amend these Terms.
2.  Amendments will be communicated to the Customer via email or the Platform at least 30 days before they take effect.
3. If the Customer does not agree with the amendment, they have the right to terminate the Agreement as of the date the new terms take effect.

11. Governing Law and Disputes

1.  All legal relationships between NexaBroadcast and the Customer are governed exclusively by Dutch law.
2.  Disputes shall initially be submitted to the competent court in the district where NexaBroadcast is established.