Terms of Service

1. Overview

These Terms of Service ("Terms") govern your use of NextFlash (the "Service"), a deployment platform for Next.js applications operated by BIT Enterprises UG (haftungsbeschränkt), Franz-Schubert-Str. 20, 34277 Fuldabrück, Germany. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement and that all information you provide is accurate and complete.

3. Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.

4. Use of the Service

You agree to use the Service only for lawful purposes. You may not:

• Deploy applications or content that is illegal, harmful, defamatory, or infringes on third-party rights.
• Attempt to reverse-engineer, disassemble, or interfere with the Service's infrastructure.
• Use the Service to distribute spam, malware, phishing pages, or misleading content.
• Resell or redistribute the Service without prior written consent.
• Use the Service to mine cryptocurrency or run resource-intensive workloads unrelated to serving your deployed applications.

5. Acceptable Use Policy

NextFlash is designed for deploying and hosting Next.js web applications. You must not use the Service to deploy, host, or distribute any of the following:

• NSFW or sexually explicit content — including pornographic material, nudity, sexual acts, or any content intended to sexually arouse.
• Content depicting or promoting violence, gore, self-harm, or animal cruelty.
• Content that exploits, sexualises, or endangers minors in any way (CSAM). Any such content will be reported to the relevant authorities immediately.
• Hate speech, harassment, or content that promotes discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic.
• Malware, botnets, phishing kits, or other tools intended to compromise systems or deceive users.
• Content that violates any applicable law or regulation.

Violations of this Acceptable Use Policy may result in immediate account suspension or termination without notice or refund. We reserve the right to review deployed applications and remove any material that violates this policy at our sole discretion.

6. Your Applications & Content

You retain ownership of the code, configuration, and content you deploy through the Service. You are solely responsible for ensuring your applications comply with applicable laws, third-party licenses, and the terms of any connected services (such as GitHub). By using the Service, you grant us a limited, non-exclusive license to process, store, build, and serve your applications solely for the purpose of providing the Service to you.

7. Payments & Billing

All payments for the Service are processed by Polar Software Inc. ("Polar"), which acts as the Merchant of Record for all transactions. This means:

• When you purchase a subscription or usage credits, you are buying from Polar as the legal seller of record.
• Polar handles payment processing, sales tax / VAT collection and remittance, invoicing, and chargeback handling.
• Polar will appear on your bank or credit card statement as the charge descriptor.
• By making a purchase, you also agree to Polar's Terms of Service.

Subscription fees are billed in advance on a recurring basis. Usage beyond included credits (such as build minutes and function runtime) is billed according to the pricing published on the Service. You may cancel at any time; cancellation takes effect at the end of the current billing period.

8. Refund Policy

Each deployment and build incurs infrastructure and compute costs. For this reason, and due to the immediate delivery of digital services, all sales are final and non-refundable. By purchasing a subscription or usage credits, you acknowledge and agree that:

• Usage credits and metered resources are consumed as builds and deployments run and cannot be reversed once incurred.
• The Service begins immediately upon purchase, and you expressly consent to this in accordance with § 356 Abs. 5 BGB (German Civil Code) and Art. 16(m) of the EU Consumer Rights Directive.
• You waive your right of withdrawal (Widerrufsrecht) once the Service has been provided or usage has been consumed.
• No refunds will be issued for partial billing periods, unused credits, or dissatisfaction with deployment performance.

If you believe there has been a billing error, contact us at [email protected] and we will review your case.

9. Intellectual Property

The Service, including its design, code, and branding, is owned by BIT Enterprises UG (haftungsbeschränkt) and protected by applicable intellectual property laws. You retain ownership of the applications and content you deploy using the Service.

10. Limitation of Liability

To the maximum extent permitted by law, NextFlash is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including downtime, data loss, or issues caused by code you deploy. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Service ceases immediately.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or a notice on the Service. Continued use after changes take effect constitutes acceptance.

13. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany. The exclusive jurisdiction for any disputes is Kassel, Germany.

14. Contact

For questions about these Terms, contact us at [email protected].