Terms of Service

1. Who this is between

"We" and "Nexcubator" mean the business operating the Nexcubator apps from Ireland. "You" means the organisation that holds the account, and anybody using the apps under that account. If you are agreeing on behalf of an organisation, you are confirming that you may.

These terms apply together with the privacy notice for the apps and, where we process personal data on your behalf, the Data Processing Agreement. Where the DPA and these terms disagree about personal data, the DPA wins.

2. What we provide

Access to the apps your account is enabled for. We may change how they work, add to them and remove parts of them. If we remove something you depend on, or make a change that materially reduces what the service does, we will tell you before it happens.

We do not promise a particular level of availability while the apps are in testing. When we do, it will be written here rather than implied.

3. Accounts and seats

Accounts are created by us or by an administrator of your organisation. There are no passwords: signing in sends a one-time code to the address on the account, so keeping that mailbox secure is how your account stays secure. Tell us promptly if an address is compromised or if somebody leaves.

A seat belongs to a named person. Sharing one set of sign-in details between several people defeats every record of who did what, and we may suspend an account where it is happening.

4. What you agree not to do

• Use the apps to send unsolicited bulk email, or to invite people who have not asked to hear from you. Our ability to deliver anybody's mail depends on this one.
• Upload, share or transmit anything unlawful, or anything you have no right to share.
• Record or transcribe a meeting by other means without telling the people in it.
• Attempt to access an account, meeting or booking page that is not yours, or to get around the waiting room, a passcode or a rate limit.
• Resell or white-label the apps without a written agreement with us.

We may suspend an account immediately where one of these is happening and the harm is ongoing. We will tell you why.

5. Your content, and ours

What you put into the apps stays yours. We do not claim ownership of it, we do not sell it, and we do not use it to train anything. We process it to provide the service and for nothing else — that obligation is in the DPA, where it is enforceable rather than merely stated.

The apps themselves, and the Nexcubator name and marks, remain ours.

6. Fees

While the apps are in testing, invited organisations use them at no charge. If that changes you will be told before any fee applies, and you will be able to decline and stop using the service with your data exported.

7. What we are and are not responsible for

We provide the apps with reasonable skill and care. While they are in testing they are provided as they stand, without warranties beyond those that cannot lawfully be excluded.

Neither of us is liable to the other for loss of profit, loss of business or indirect loss. Our total liability to you in any twelve-month period is limited to the greater of the fees you paid us in that period and one hundred euro. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Meetings depend on the internet connection at both ends and on a third party carrying the media. We cannot be responsible for a meeting that does not happen because a connection failed.

8. Ending it

You may stop using the apps at any time and ask us to delete your account. We may end an account with thirty days' notice, or immediately where section 4 has been breached in a way that is causing harm.

When an account ends, we delete its data. Records that have not yet reached their expiry are removed within thirty days of the account closing; backups age out on their own cycle within a further thirty. Ask before you close the account if you want an export.

9. Changes to these terms

We will post a new version here with a new date. For a change that materially affects your rights, we will tell account holders before it takes effect. Continuing to use the apps after that is acceptance; if you would rather not, you may close the account.

10. Law

These terms are governed by the laws of Ireland, and the courts of Ireland have jurisdiction.

Questions about any of this go through the contact form.