TERMS OF SERVICE


for the NEXTEP app.

By downloading the NEXTEP app and using our service (“Services”), Licensee agrees to be bound by the following terms of service:

This software license is entered into by and between NEXTEP and the user licensing the Services “Licensee”).

The use of the Services by Licensee is subject to the Apple Licensed Application End User License or Google Play Terms of Service ( “EULA”), which Licensee agrees to when using the Services.

In addition, the following terms of service apply:


ARTICLE 1. SUBSCRIPTION

If Licensee uses our Services on a paid subscription basis the following terms apply:

1.1. Payment: The payment will be charged to Licensees iTunes Account or Google Play Account at confirmation of purchase

1.2. Auto Renewing: The subscription automatically renews until cancelled in the Manage Subscriptions section of the Licensees iTunes or Google Play account settings.

1.2.1.NEXTEP will notify the Licensee if the price of the subscription increases and, if required, seek his consent to continue.

1.3. Payment: The Licensee will be charged no more than 24 hours prior to the start of the latest subscription period. If the charge of your payment method cannot be made for any reason (such as expiration or insufficient funds), and the Licensee has not cancelled the subscription, the Licensee remain responsible for any uncollected amounts, and we will attempt to charge the payment method as he may update his payment method information. This may result in a change to the start of the next subscription period and may change the date on which he is billed for each period.

1.4. Free trial: If NEXTEP offers a free trial and the Licensee decides to unsubscribe from a subscription before he gets charged, he may cancel the subscription before the free trial ends.



ARTICLE 2. PRIVACY

The use of the Services is subject to our Privacy Policy. For further information see https://www.getnextep.com/privacy-policy. Last updated September 2022

Last updated September 2022

2.1. INTELLUCTUAL PROPERTY

2.1.1. You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Apple and/ or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

2.1.2. The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

2.2. COPYRIGHT VIOLATIONS

2.2.1. DROPBOX DMCA POLICY

1. Dropbox Dropbox) respects the intellectual property rights of others and expects users to do the same in accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the US Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf. Dropbox will respond expeditiously to claims of copyright infringement committed using the Dropbox service and/or the Dropbox website (the "Site") if such claims are reported to Dropbox's Designated Copyright Agent identified in the sample notice below.

2. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by complying the following DMCA Notice of Alleged Infringement and delivering it to Dropbox's Designated Copyright Agent upon receipt of Notice as described below, Dropbox will take whatever action in ts sole discretion, it deems appropriate, including removal of the challenged content from the Site.

2.2.2. DMCA NOTICE OF ALLEGED INFRINGEMENT (NOTICE)

1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this representative list of the copyrighted works that you claim have been infringed you may provide a representative list of the copyrighted works that you claim have been infringed.

2. identify the material or link you claim is infringing for the subject of infringing activity) and to which access is to be disabled, including at a minimum, applicable, the URL of the link shown on the Site or the exact location where such material may be found.

3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available email address

4. Include both of the following statements in the body of the Notice.

  • "I hereby state that have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner. Its agent, or the law (eg, as a fair use)"


  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."




5. Provide your full legal name and your electronic or physical signature

Deliver this Notice, with all items completed, to Dropbox's Designated Copyright Agent. Copyright Agent Dropbox Inc: 185 Berry Street Suite 400 San Francisco, CA 94107, dropbox.com

2.3. WARRANTY/LIMITATIONS

2.3.1. Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

2.3.2. We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through Our Service.

2.3.3. Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

2.4. CARBON REMOVALS

2.4.1. Calculation:

1. Two steps equal to one gram of CO2e. Nextep has a right to change this convertion rate at any time.
2. Standard Users has option to watch an advertisement in application and create extra 250gr CO2e reduction.
3. Converting Steps into Carbon Removals
4. Every user has an option to convert their steps in to CO2e everyday. When this option is used users’ steps are converted into CO2e in compliance with given formula above.

2.4.2. Carbon Removal Investments

Nextep can make carbon removal investments in two ways.

1. Developing/Investing into Carbon Removal Projects: Nextep can either choose to invest in a carbon removal project or develop a project on its own. All carbon removal projects should be accredited by one of these following parties:
a. Gold Standard
b. Verified Carbon Standard
c. Global Carbon Council

2. Carbon Offsetting: Nextep can choose to offset/retire carbon credits from projects which are accredited by one of these following parties.
a. UNFCCC
b. Gold Standard
c. Verified Carbon Standard
d. Global Carbon Council

If Nextep chooses to carbon offset, Nextep has a right to convert steps at a rate upto 1/20. (Refer to Calculation above)

ARTICLE 3. RESPONSILITIES

Once the payments are made to 3rd parties to offset or invest into carbon removal projects Nextep is reponsible to keep track of projects and retirement of carbon credits. Nextep is not responsible for the failure of partners.



ARTICLE 4. CUSTOMER RESPONSIBILITIES

4.1. You must co-operate with us in all matters relating to the Services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).

4.2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it. or If you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.



ARTICLE 5. FORCE MAJEURE

5.1. Not under the control of the parties; Natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (collectively referred to as "Force Majeure" below). In the event that the obligations arising from this Agreement become unfulfilled by the parties, the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.



ARTICLE 6. APPLICATION UPDATES

6.1. The Nextep Application you use is automatically updated from time to time. You agree to receive these updates as part of your Services.



ARTICLE 7. CHANGES TO THIS PRIVACY POLICY

7.1. Nextep reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Application and you are deemed to have accepted the terms of the privacy policy on your first use of the Application following the alterations.



ARTICLE 8. SETTLEMENT OF DISPUTES

8.1. This Agreement will be governed by and interpreted according to the law of Turkey. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Turkish courts.



ARTICLE 9. CONTACT US

Nextep Software Incorporated Company is a company incorporated in Turkey with registered number
101136-5
whose registered address is İçerenköy Mah. İbrahim Sok. And Ofis Sit. No:8-10D/5,
Ataşehir/İSTANBUL, Turkey,
operates the Website http://getnextep.com/
You can contact Nextep Software Incorporated Company by email on [email protected]