Last updated: September 15, 2026
These Terms govern your use of all Nextech services, including Eventdex, Map D, ARitize3D and ARway.ai. They replace and supersede all prior terms and conditions published for those services, including the terms previously posted at eventdex.com.
These Terms and Conditions (the “Terms”) govern the relationship, and serve as a legally binding agreement, between you and us, Nextech AR Solutions Corp. (“Nextech”, “we”, “our” or “us”). These Terms set forth the terms and conditions on which you may access and use any and all of our websites, services, applications, products, platforms and content, from time to time (collectively, the “Services”).
The Services include, without limitation:
Eventdex is operated by Eventdex, LLC, and other Services may be operated by other Nextech group companies. Each of those companies is an affiliate of Nextech, and Nextech contracts with you as the single counterparty under these Terms for all Services. References to “Nextech”, “we”, “our” and “us” include our affiliates where the context requires.
While these Terms apply to all of the Services, some Services have additional terms and conditions which are specific to those Services and which are set out in Section 7 (Service-Specific Terms) or delivered to you with the relevant Service. Any reference to the “Services” includes a reference to any part of the Services.
For purposes of these Terms, “you” and “your” means you the individual or entity using the Services (and any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf), at your direction, under your control, or under the direction or control of the same individual or entity who controls you.
If you are accessing our Services for your own personal non-commercial use and not as an employee, contractor, or agent of a business (a “Personal User”), specific terms and exclusions may apply to your use of the Services. These specific terms and exclusions will be indicated herein by referencing your use as a Personal User. As amended by these Personal User provisions, these Terms apply to your use of the Services in full force and effect.
From time to time, we may enter into an order form with you regarding the provision of certain Services (each, an “Order Form”). Order Forms may be delivered via our website or apps, or by electronic or print copy, as applicable. Each Order Form, once executed by both you and us, forms an essential part of these Terms. In the event of any necessary conflict between these Terms and any Order Form, the terms of the Order Form shall govern.
These Terms, including any Order Form entered into between us that references these Terms, and the other agreements and exhibits explicitly referenced and incorporated herein, including our Privacy Policy, constitute our entire agreement with you with respect to the Services, and supersede all prior agreements, understandings and terms of use with respect to that subject matter — including, for greater certainty, any terms of use previously published at eventdex.com or at any other Nextech or Nextech-affiliate property.
By accessing or using our Services, you confirm that: (a) you can form a binding contract with us; (b) you accept these Terms; and (c) you agree to comply with these Terms. If you are agreeing to these Terms on behalf of a partnership, company, corporation, or other entity, you represent and warrant that you have all necessary authority to agree to these Terms and to bind such entity. If you do not have such authority, you must cease accessing or using the Services.
You understand and agree that we will treat your access or use of the Services or any part thereof, including your creation of an account, as acceptance of these Terms and our Privacy Policy. You should print off or save a local copy of the Terms and Privacy Policy for your records.
If you do not wish to be bound by these Terms, your remedy is to stop using the Services.
We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. All changes are effective immediately upon posting and apply to your continued access to and use of the Services. We may post reminders and summary information about material changes to these Terms, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review these Terms in order to be aware of any such changes and your continued use shall mean your acceptance of any such changes, whether given notice or not.
Your use of the Services now, or your continued use of the Services following the implementation of updated Terms, will indicate acceptance by you of such Terms or modifications. If you do not agree to these Terms as applicable from time to time, you must immediately stop accessing or using the Services.
Nextech will perform Nextech’s obligations under these Terms with promptness and diligence, in a good and proficient manner, in accordance with applicable industry standards and practices, and with no less than the standard of professional skill, care and diligence customarily applied by contractors providing or performing similar work and providing similar services for similar projects in North America, but in any event at all times in accordance with these Terms.
Nextech will at all times comply with all applicable laws in connection with the performance of the Services. Nextech will obtain and at all relevant times maintain all work permits and other licences, certificates, authorizations and approvals required under applicable law as are necessary for Nextech to perform lawfully all obligations under these Terms.
We reserve the sole right to modify or discontinue the Services, including any of their features, at any time with or without notice to you, subject to Section 6 (Modifications to Services and Pricing). Any new features that augment or enhance the then-current Services shall also be subject to these Terms.
Nextech may subcontract these Terms, the Services or any portion of them to any third party without your prior written consent, provided that, with respect to each subcontractor (a) Nextech will ensure that any subcontracted Services are provided in compliance with these Terms by individuals qualified and competent to provide them, and (b) any breach, act or omission by any of Nextech’s subcontractors in connection with these Terms will be deemed a breach, act or omission by Nextech, and Nextech will be fully responsible therefor.
Nextech will use industry-standard, diligent and reasonable efforts to prevent the Services or any product of the Services (each, a “Deliverable”) from containing, and will not intentionally include in any Deliverable, any malicious code. Upon notice by you that a Deliverable as delivered by us to you contains malicious code: (a) to the extent the Deliverable consists of Nextech’s or its subcontractors’ original work, Nextech will promptly, at its own cost or expense, repair or replace the Deliverable so that it does not contain the malicious code; and (b) to the extent the Deliverable consists of third-party materials (including open source software), Nextech will work with you to remove or repair the Deliverable to mitigate against the malicious code.
Nextech and you will work together to determine any materials, items, information, data, resources, tasks, services, and other assistance that you are required to obtain, procure, perform or provide in order for Nextech to perform hereunder (each, a “Client Item”). You will perform all Client Items on or prior to the applicable target dates and you will direct your personnel to promptly and efficiently cooperate with any reasonable requests made by Nextech in connection with these Client Items. If you have failed or will fail to perform any Client Item on or prior to any applicable target date provided by Nextech, you will promptly notify Nextech, and in any event within not more than five business days after you know the same, providing details thereof to Nextech so that Nextech can determine the actual or reasonably likely effect of the failure or inaccuracy on Nextech’s performance of the Services and delivery of Deliverables. Any failure of you under this provision will constitute a valid reason for any subsequent failure to perform by Nextech that is related thereto, and will exempt Nextech from any liability associated with any such resultant failure.
From time to time, we may offer early access to Services that are currently in their beta version (“Beta Services”). Your access to and use of Beta Services may be subject to additional terms and conditions. We make no representations that any Beta Services will be made available to you or at all, and we reserve all rights to discontinue your access and the general availability of Beta Services at any time. You understand and agree that all Beta Services are being provided on an “as is” basis and that due to the nature of Beta Services, the Beta Services may contain bugs, errors, and other defects and that your use of any Beta Services is at your own risk.
Individuals and entities who are authorized by you to access our Services are your “End Users”. Where you use the Services to operate, promote or manage an event, your End Users include your staff, your exhibitors and sponsors, and the attendees, registrants and ticket purchasers of your event. You acknowledge and agree that you are solely responsible for your End Users’ use of our Services, including the acts and omissions of your End Users, and that any breach by your End Users of these Terms will be deemed a breach by you of these Terms. In the event that any of your End Users are found to be in breach of these Terms, we may, in our sole discretion, suspend or terminate their or your access to the Services.
In consideration of your use of the Services, you hereby agree to: (a) provide true, accurate, current and complete information about yourself and your business as requested by any registration forms on the Services (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By providing Registration Data to us through the Services, you will provide personal account information.
You hereby agree to be fully responsible for: (w) all use of your account; (x) any action that takes place using your account by any person or automated process; (y) maintaining the confidentiality and security of your account and passwords; and (z) immediately notifying us upon any unauthorized use of your password or account, or if you know of any other breach of security in relation to the Services.
Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately suspend or terminate your account if you do transfer or share your account. You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability, and we will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We will not be liable for any loss or damage arising from any unauthorized use of your account(s).
The following terms and conditions apply to all of our paid Services, including paid Services for which we may offer a free trial from time to time.
The Services may include various offerings and features (for example, basic or premium tiers of service and one-time purchases or add-ons), with different benefits, conditions, and limitations. Your level of access to a Service, including with respect to offerings and features, is determined by the tier of subscription package or the specific add-ons you may purchase from time to time. You can find the specific details regarding fees and features on the applicable website or application for each Service. We reserve the right to change the offerings, features and Services from time to time in accordance with these Terms.
For certain Services, you will be asked to provide payment information, including your credit card number and billing address, during the account registration process. By completing your registration for the Service, you authorize us to charge you all applicable subscription and one-time fees plus applicable taxes in accordance with the Services you select. Before completing your order, you will be presented with details regarding all associated recurring subscription fees (“Subscription Fees”), the applicable subscription period (“Subscription Period”) and the overall term of the subscription (“Subscription Term”) for those Services being provided on a subscription basis (each, a “Subscription”) and details regarding any one-time Services and all associated fees (“One-Time Fees”). You will be charged immediately upon commencement of the Service and, for your Subscriptions, automatically at the beginning of each Subscription Period during the Subscription Term.
For certain Services, we will require the completion of an Order Form to order Services. Each Order Form will set out the particular fees and payment schedule for the Services being provided under the Order Form. Services may be charged in various ways, including on a Subscription basis, a one-time set fee basis, or on a time and materials basis. You agree to pay all fees set out in each Order Form in accordance with these Terms and the terms and conditions set out in each Order Form. In the event of any conflict between these Terms and the terms and conditions set out in an Order Form, the terms and conditions set out in the Order Form will prevail to the extent necessary to resolve the conflict.
In order to ensure that you will not experience any interruption or loss of Services, your Subscription includes an automatic renewal option by default, according to which, unless you disable the auto-renewal option or cancel your Subscription no less than thirty (30) days prior to the then-current Subscription Term’s expiry, the Subscription will automatically renew upon the end of the then-current Subscription Term, for a renewal period equal in time to the original Subscription Term (each, a “Renewal Subscription Term”) and, unless otherwise notified to you, at the same price (subject to any changes to applicable taxes and excluding any discount or other promotional offer provided to you on a limited time basis). Accordingly, unless either you or we cancel the Subscription prior to its expiration, we will automatically charge you the applicable Subscription Fees upon or immediately prior to the expiration of the then-current Subscription Term. If you wish to avoid such auto-renewal, you must cancel your Subscription (or disable the auto-renewal option) prior to its expiration, at any time, by contacting us at support@nextechar.com. Except as expressly set forth in these Terms, if you cancel the Subscription during a Subscription Term, the Subscription will not renew for an additional Subscription Term, but you will not be refunded or credited for any unused period within the Subscription Term; however, you will continue to be able to access the Services until the end of the then-current Subscription Term.
You must provide and at all times must maintain accurate, complete, and current billing information, including your postal/zip code, credit card number, and credit card expiration date. We may suspend or terminate your account or access to the Services if your offered payment method cannot be processed. In addition, orders may not be accepted from certain jurisdictions. By providing a payment method, you expressly authorize us and our third-party payment processors to charge the applicable fees on said payment method, as well as taxes and other charges related thereto, all of which depend on the Services you utilize. You agree that we may charge any unpaid amounts to your provided payment method. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you must notify us immediately. In the event that we are unable to collect any fees owed by you, we may, at our sole discretion, attempt to collect at a later time or suspend or terminate your access to the Services, at any time, without advance notice to you.
If you register for a free trial of our Services, we will make those aspects of our Services which are noted as subject to the free trial available to you free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service as noted on our website; (b) the start date of any purchased Subscription or other Services ordered by you; or (c) the termination of these Terms pursuant to the termination provisions below. Additional trial terms and conditions may appear on the trial registration website. Any such additional terms and conditions are incorporated into and form an essential part of these Terms by reference.
SUBJECT TO SECTION 16 (UPDATES, INTERRUPTION AND SUSPENSION), SECTION 7 (SERVICE-SPECIFIC TERMS) AND THE PRO RATA REFUND RIGHTS DESCRIBED ABOVE, AND UNLESS PROHIBITED BY APPLICABLE LAW, ALL PURCHASES OF THE SERVICES BY YOU FROM NEXTECH, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Refunds to event attendees and ticket purchasers are different. Where you use our Services to sell registrations, tickets, booths, sponsorships or other items to third parties, refunds to those third parties are governed by your refund policy, not ours. See Section 7.
Unless an Order Form or Subscription provides otherwise, Nextech will invoice monthly for all fees and expenses then due and payable under each Order Form, Net 30 days.
Quoted fees are exclusive of, and you will be responsible for paying, any applicable goods, services, surcharges, regulatory assessments, duties, levies, or value added taxes on any Services and Deliverables you receive under these Terms. You may not, except to the extent required by applicable law, withhold any amounts on payments to be made hereunder. If you believe that you have any obligation to withhold any amount under applicable law, you will notify Nextech thereof and will cooperate in good faith with Nextech in its efforts, to the extent permitted by applicable law, to recover any such amounts from the applicable authorities. The invoiced amount and amounts charged to the payment method may therefore fluctuate as applicable taxes, which we do not control, fluctuate, and you agree to pay any and all applicable taxes and government fees. Taxes on sales you make to third parties using the Services are addressed in Section 7.
Unless otherwise stated in an Order Form, Nextech will invoice you in United States dollars.
In the event that you fail to pay an invoice due to Nextech within thirty (30) days of the invoice date (the “Late Payment”), you agree, without any prior notice, to pay a late fee at the interest rate of one and a half percent (1.5%) of the outstanding balance per month, compounding monthly, or the maximum rate permitted by law, whichever is highest. In addition, Nextech shall be entitled to recover from you all costs, fees, and expenses actually incurred for the recovery of the outstanding amounts due under these Terms, including all actual legal fees and costs on a solicitor-client basis. Notwithstanding any of the foregoing and in addition thereto, in the event of any Late Payment, Nextech may, in its sole discretion, suspend your access to the Services or terminate these Terms in whole or in part, without any liability whatsoever and without prejudice to our right to claim all amounts due by you to us.
The following terms apply in addition to the rest of these Terms, and only to the Service identified. In the event of a conflict between this Section 7 and the balance of these Terms, this Section 7 governs with respect to the relevant Service.
Eventdex and Map D (together, the “Event Services”) are tools that allow you (an “Organizer”) to plan, promote, manage and monetize your own events, and to sell registrations, tickets, exhibit space, booths, sponsorships and other products or services relating to your event (“Event Sales”) to third parties (“Attendees”, which term includes registrants, ticket purchasers, exhibitors and sponsors).
Eventdex is provided by Eventdex, LLC, an affiliate of Nextech. Eventdex, BoothLeads and the other Eventdex marks are trademarks or service marks of Eventdex, LLC or its affiliates.
Where we make any other service, application or platform available to you and it references or links to these Terms, these Terms apply to it, together with any additional service-specific terms presented to you with that service or set out in an Order Form. Those additional terms are incorporated into and form an essential part of these Terms by reference.
Nextech hereby grants to you a limited, perpetual, worldwide, revocable, non-exclusive, non-sublicensable and non-transferrable licence to use the Services and the Deliverables throughout your enterprise in accordance with these Terms. You acknowledge that your use of the Services or the Deliverables for any purpose not expressly permitted by these Terms is strictly prohibited. Without limiting the restrictions in Section 17: (a) neither our Services, nor their design or layout, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent; and (b) you cannot create any work of authorship or proprietary right based on the Services. You will only use the Services and Deliverables as may be expressly provided in these Terms or to the extent permitted by law or (if applicable) relevant open source licences.
Nextech and its third-party licensors retain all rights, title and interests, including intellectual property rights, in and to the Services and the Deliverables, including all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, pictures, audio, sound effects, sound recordings, features, functionality, design, presentation videos, visual effects, music, user accounts, objects, 3D models and assets created by us, and the “look and feel” of the Services. You will not acquire any rights, including without limitation any intellectual property rights and registrations, in the Services or the Deliverables other than the licence expressly granted above. All rights not expressly granted to you hereunder are expressly reserved by Nextech and our licensors and are protected by copyright, trademark, patent, trade secret, and any other proprietary rights. The Services and Deliverables are licensed and not sold. You acknowledge and agree that, by operating the Services or Deliverables, benchmark results and usage data may be collected by Nextech.
Nextech, ARitize3D, ARway.ai, Map D, Eventdex, BoothLeads and all related custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Nextech or its affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or name of Nextech or its affiliates, except as expressly set out in the Press Release provision of Section 12.
Title to any documents, equipment, materials, data, Client Items or intellectual property rights supplied by or on behalf of you to or for the benefit of Nextech in relation to the provision of any Services (collectively, the “Client Materials”) will remain with you and your licensors at all times. At no time will title to the Client Materials pass to Nextech.
Nextech will return to you all of the Client Materials in Nextech’s possession or control: (i) at any time upon request by you (on your understanding that, if the Client Material is a Client Item, Nextech may thereby be prevented from performing hereunder); (ii) after Nextech’s completion of the work for which the Client Material was provided; and (iii) upon expiration or termination of the relevant Order Form or these Terms.
You acknowledge and agree that Nextech’s project methodology includes the use of third-party and open source intellectual property rights, and that Nextech may include the same in the Services or a Deliverable without your express prior written consent by concurrently delivering the applicable licence agreement therefor and by complying at all times with such licence. For greater certainty, this provision applies to “open source” or “free” software or materials, whether or not the licence thereto is copyleft, provided that where any Deliverable is commercial off-the-shelf software, it shall be sufficient if the documentation made available to you by Nextech contains a reference to the open source or free software used therein.
In using our Services, you may be able to create or upload different types of content (“User Content”). User Content includes any communications, messages, posts, comments, chats, images, sounds, event listings, exhibitor profiles, session descriptions, product data and 3D source assets that you create using or upload to our Services, including all the material, data, text, graphics, photographs, videos, location information, or any other content contained therein.
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. At all times, you and your third-party licensors will retain all ownership over your User Content.
By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you grant Nextech and our affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty-free, non-exclusive, unrestricted, unconditional, unlimited licence, including the right to sublicense, transfer and assign to third parties, and the right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, licence, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use.
In connection with your User Content, you acknowledge and agree that:
You acknowledge that we are not responsible for any User Content posted in connection with any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. We have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. You should exercise appropriate discretion, good judgment, and caution in accessing User Content and in taking any actions based upon it, and you will bear all risks associated with any such User Content that you access or use.
If you are aware of any User Content posted in connection with the Services which violates these Terms, please contact us at support@nextechar.com. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Filing a complaint will not guarantee its removal. We will only remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set out in Section 11. Although we may attempt to monitor User Content, in no event do we assume any obligation to do so or liability for failing to either monitor the Services or remove specific User Content.
Some of our Services provide communication channels such as event community feeds, fan pages, forums, matchmaking and meeting request tools, chat areas, blogging and messaging (collectively, “Communication Channels”) designed to enable you to communicate with other users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. These may be provided by us directly or through a third-party provider.
Nextech is under no obligation to monitor Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice, for any reason, at its sole discretion. Nextech may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.
You acknowledge and agree that:
We respect the intellectual property of others, and we ask you to do the same. If you believe that anything on the Services infringes upon any copyright, trademark or other proprietary right which you own or control, you may file a notification of such infringement with our designated agent:
Designated Agent for Claimed Infringement
Attn: Copyright Agent, Nextech AR Solutions Corp.
150 King St W, Suite 717, Toronto, Ontario, Canada M5H 1J9
Email: legal@nextechar.com
To be effective, the notification must be a written communication that includes the following:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Services without liability to you or any other party, and that, where the U.S. Digital Millennium Copyright Act applies, the claims of the complaining party and of the party that originally posted the materials will be handled as provided in that Act.
“Confidential Information” means any and all data or information in any form (including all electronic, magnetic, physical, intangible, visual and oral forms), whether or not such information has been marked or indicated as confidential, that (i) is, at the time of its delivery to or access by the other party, not generally known to any person without an obligation of confidentiality, (ii) by its nature or the nature of its disclosure, would reasonably be determined to be confidential, or (iii) is marked or indicated as proprietary or confidential (without requiring such marking), and in any event includes personal information, trade secrets, know-how, supplier and customer information (whether past, present, future and prospective), attendee and exhibitor lists, specifications, strategic plans, source code and related data, designs, drawings, financial information, marketing information, information as to business opportunities (including strategies and research and development), consultation records and plans, engineering information, and third-party data.
In connection with these Terms, each of us (in this Section, the “Disclosing Party”) has furnished or may furnish or has made or will make available to the other (in this Section, the “Receiving Party”) Confidential Information. At all times during and after the term of these Terms, the Receiving Party will protect the Confidential Information using the same degree of care as it would use to protect its own similarly confidential information, but in any event never less than a reasonable degree of care, and will take all reasonable steps to safeguard the Disclosing Party’s Confidential Information from unauthorized disclosure as set out in these Terms.
The Receiving Party will not use or disclose the Confidential Information of the Disclosing Party except as strictly necessary in the performance of its obligations under these Terms or in enforcing or defending its rights or obligations under these Terms (the “Purpose”) or as expressly permitted by this Section. Without limiting the generality of the foregoing, the Receiving Party will not directly or indirectly do any of the following:
Upon termination of these Terms or upon the written instruction of the Disclosing Party, the Receiving Party will return or destroy all originals and copies in any form of the Disclosing Party’s Confidential Information in its or its Further Recipients’ possession or control and will destroy or cause to be destroyed all originals, copies or other reproductions or extracts of such Confidential Information. For these purposes, information stored in electronic form will be deemed to be destroyed when the charged party performs a commercially reasonable application or operating system level delete function with respect to such data, provided that it does not thereafter directly or indirectly perform or permit any recovery or restoration of the same by any means (including by way of undeletion, archives, backups or forensics). The Receiving Party will provide the Disclosing Party with a certificate confirming the deletion of all Confidential Information in its possession pursuant to this provision. Each party will be responsible for ensuring that its Further Recipients fully comply herewith.
Except as set out in these Terms, no party grants to the other any right, title or interest in or to its Confidential Information.
The obligations of confidentiality set out in this Section will not apply in respect of uses or disclosures of information where:
in each case without any direct or indirect use of or access to such Confidential Information whatsoever.
In addition to any particular requirements set out in any Order Form, the Receiving Party will implement and maintain an information security management program with standards that are no less rigorous than accepted industry practices, and will comply with all applicable laws to protect the Disclosing Party’s Confidential Information from unauthorized access, destruction, use, modification, or disclosure.
Without limiting any of the foregoing, each Receiving Party will use all reasonable efforts to (a) guard against unauthorized access to, use and disclosure of all personal information received by it as part of the Confidential Information; and (b) fully comply with all applicable laws applicable to the Disclosing Party’s Confidential Information or to its personal information, including the Personal Information Protection and Electronic Documents Act (Canada), as it may be amended or replaced by successor legislation from time to time, and all regulations promulgated thereunder.
Notwithstanding the confidentiality provisions above, the parties may issue a public announcement, issue a press release, conduct media interviews, or conduct other publicity activities announcing the existence of the business relationship between the parties and the general nature of the Services being provided by Nextech to you. The parties hereby grant one another a reciprocal and limited licence to use each other’s name and trademarks in any such publicity activities, provided that such use is at all times in compliance with any brand guidelines provided for such brand assets.
Each party represents and warrants that:
You represent, warrant, and covenant that:
Nextech represents, warrants, and covenants that:
The representations and warranties expressly set forth in these Terms are in lieu of all other conditions, representations and warranties (express, implied or statutory), including representations and warranties of merchantable quality or fitness for a particular purpose. To the extent that any Deliverable (including the hosted elements thereof) depends on the public internet: (a) any representation made regarding access, performance, speeds, reliability, availability, use or consistency thereof is on a “commercially reasonable efforts” basis; and (b) without limiting any obligations relating to security hereunder, data, messages, information or materials sent over the public internet may be intercepted by third parties.
While we are continually working to develop and evaluate our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product or feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. By sending Feedback to us, you agree that:
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the internet, a computer or mobile device, and, for certain Services, compatible scanning or printing hardware). You are solely responsible for procuring and maintaining such resources at your own cost, including payment of all fees associated with internet access.
From time to time, we have the right (but not the obligation) to provide updates (patches, new features, etc.) to the Services for free or for a fee. You understand that your access to certain features of the Services might be affected by such updates. You also understand that such updates may affect the necessary system specifications required to use the Services. In such case, you are responsible for any necessary equipment to continue to access the Services.
You acknowledge that the Services or any part thereof may be interrupted for maintenance or for reasons beyond our control, and we cannot guarantee that the Services will be uninterrupted. Temporary interruptions of the Services may occur as normal events, and we have no control over third-party networks you may access in the course of using the Services; delays and disruptions of other network transmissions are completely beyond our control. We will not be liable for any interruption of the Services, delay, or failure to perform resulting from any causes whatsoever. Additionally, the Services may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with or without notice.
To the extent allowable by applicable law, we reserve the right to suspend or terminate your access to the Services at any time for any reason, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might (i) cause damage to or impair the Services or infringe or violate any third-party rights (including intellectual property rights), or (ii) violate any applicable laws or regulations. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities. Termination or suspension of your account also entails the termination or suspension of your licence to use the Services, or any part thereof, and we may deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Services, subject to Section 24.
If we suspend or terminate your account, we will notify you by email. If we terminate your account for a reason other than your breach of these Terms or applicable law and you purchased a Subscription, we will refund you the prorated portion of your prepayment for the greater of (i) the then-current month or (ii) any other applicable time period for your Subscription. You agree and understand that your continued use of the Services is at our sole and absolute discretion and that you will not seek to hold us liable for any suspension, restriction, or termination of your use of the Services.
As a condition of your access to and use of the Services, you agree that you will use the Services only for lawful purposes in accordance with these Terms and all applicable laws and regulations. You will not, and will not permit any of your End Users to:
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Services. We generally do not pre-screen, monitor, or edit content posted by users. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms, or is otherwise harmful, objectionable, or inaccurate, and we are not responsible for any failure or delay in removing such content. You consent to such removal and waive any claim against us arising out of it.
If you believe that there has been a violation of this Code of Conduct, you will immediately report any such violation to us by emailing support@nextechar.com.
The Services may link you to other sites on the internet or otherwise include references to information, documents, software, materials, and services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. If you choose to access any such sites or resources, you do so at your own risk.
We have the right, without notice, to insert advertising data into the Services, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. From time to time, the Services may include advertisements offered by third parties, and you may enter into correspondence with or participate in promotions of advertisers. Any such correspondence or promotion, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with it, is solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion, and no such advertising may be construed as an endorsement by us of any products or services advertised.
Through your use of the Services you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party — including purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms — are agreed solely between the seller or purchaser and you. We make no warranty regarding any transaction executed through or in connection with the Services, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty provided in connection with any products, services, materials, or information available on or through the Services from a third party is provided solely by that third party, and not by us or any of our affiliates.
You agree that you will not export or re-export, directly or indirectly, the Services or other information or materials provided by Nextech hereunder, to any country for which Canada, the United States, or any other relevant jurisdiction requires any export licence or other governmental approval at the time of export without first obtaining such licence or approval. In particular, the Services may not be exported or re-exported: (a) into any comprehensively embargoed countries or any country that your jurisdiction’s government has included on any official terrorism or terrorism-related lists; (b) to any governments of such countries; or (c) to anyone listed on your jurisdiction’s list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List or Entity List, or Public Safety Canada’s terrorist entities list.
We administer and operate the Services from Canada and the United States. Although the Services are accessible in many territories throughout the world, not all features, products or Services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or are appropriate or available for use outside Canada and the United States. We make no representation that materials on the Services are appropriate or available for use in all locations, and accessing them from territories where their contents are illegal is prohibited. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or Service to any person or geographic area. Any offer for any feature, product or Service made is void where prohibited. If you choose to access the Services from outside Canada or the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless Nextech, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any user of your account, or any of your End Users, of any applicable obligation, representation, or warranty under these Terms; (ii) the content of or any inaccuracy in your Feedback; (iii) our use or publication of your Feedback infringing any third-party intellectual property rights; (iv) your access to or use of, or activities in connection with, the Services; (v) your violation of any applicable laws, rules, regulations, or contracts; (vi) any misrepresentation made by you; or (vii) your event, your Event Sales, your refund policy, and any claim brought by an Attendee in connection with any of them (all of the foregoing, “Claims and Losses”).
You will cooperate as fully as required by us in the defence of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defence and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
PERSONAL USERS IN QUEBEC, CANADA: QUEBEC’S CONSUMER PROTECTION ACT (CQLR C P-40.1) PROVIDES YOU WITH CERTAIN RIGHTS, INCLUDING WARRANTIES AS TO ACCEPTABLE QUALITY, SAFETY, DURABILITY, ACCURATE DESCRIPTION AND AGAINST HIDDEN DEFECTS. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR REPLACE ANY OF YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), AND TO THE EXTENT THAT IT IS PROHIBITED BY LAW, THE EXCLUSION HEREUNDER DOES NOT APPLY TO QUEBEC PERSONAL USERS.
IN ADDITION TO THE LIMITATIONS IN QUEBEC, CERTAIN OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS THAT YOU, AS A PERSONAL USER, CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO PURSUANT TO ANY APPLICABLE CONSUMER PROTECTION LAWS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ALL SERVICES, MATERIALS AND DELIVERABLES, INCLUDING ALL BETA SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (II) WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, INCLUDING ALL CONDITIONS, WARRANTIES, OR OTHER TERMS, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION), EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS.
IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES TO MATERIALS AND SERVICES, INCLUDING PRICES AND DESCRIPTIONS, AT ANY TIME WITHOUT NOTICE AND WITH NO COMMITMENT TO UPDATE THEM. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SERVICES BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS, INCLUDING OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS, CONNECTED WITH YOUR USE OF THE SERVICES HOWSOEVER ARISING.
CONTENT AVAILABLE THROUGH THE SERVICES OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED NEXTECH SPOKESPERSON SPEAKING IN THEIR OFFICIAL CAPACITY. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOUR USE OF THE SERVICES MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, IN NO EVENT WILL WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“NEXTECH PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR LOST OPPORTUNITY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE NEXTECH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, AND YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE NEXTECH PARTIES FROM AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NEXTECH PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXCLUDED DAMAGES INCLUDE ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES — INCLUDING ANY CARRIER, PAYMENT PROCESSOR, ORGANIZER, ATTENDEE, COPYRIGHT OWNER, OR OTHER USER — IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN NO EVENT WILL THE NEXTECH PARTIES’ TOTAL, AGGREGATE LIABILITY EXCEED, WITH RESPECT TO THE SERVICES, THE TOTAL AMOUNT PAID BY YOU TO NEXTECH IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
All information provided by you, or collected by us, in connection with the Services is governed by our Privacy Policy, which is incorporated by reference into and forms an essential part of these Terms. We strongly recommend that you review it closely.
The transmission of information via the internet is inherently not completely secure and we do not guarantee that the Services will be secure or free from defects or viruses. You are responsible for configuring your information technology and computer programs to access the Services.
These Terms will be effective as of the earlier of (a) the date you began using the Services; and (b) the date you consented to these Terms through our websites, apps, an Order Form or otherwise, and will continue until terminated hereunder (the “Term”). For greater certainty, the completion, expiration, or termination of any or all work hereunder will not, by itself, terminate these Terms.
These Terms or any Order Form may be terminated as follows:
The parties will remain responsible and liable for all of their respective obligations and liabilities accrued before the expiration or termination of any Order Form or these Terms. Upon the expiration or termination of any Order Form or these Terms for any reason whatsoever, and without limiting any remedies available to the parties:
Notwithstanding any other provision of these Terms, those provisions of these Terms that by their nature ought to survive any expiration or termination of these Terms, and all other provisions necessary to their interpretation or enforcement, will so survive and will remain in full force and effect and be binding upon the parties as applicable, including Sections 6, 7, 8, 9, 12, 13, 14, 17, 20, 21, 22, 23, 24 and 26.
All notices to a party under these Terms will be in writing and will be deemed delivered upon the earlier of (a) actual receipt by the intended recipient, or (b) delivery in person or by reputable overnight courier. Notices to us must be sent to legal@nextechar.com if by email, or to Nextech AR Solutions Corp., 150 King St W, Suite 717, Toronto, Ontario, Canada M5H 1J9 if by conventional mail. Notices to you may be sent to the address or email address supplied by you as part of your Registration Data or in an Order Form. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts will constitute notice to you at the time of sending.
The parties are non-exclusive, independent contracting parties, and nothing in these Terms or done pursuant to these Terms will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between you and Nextech. Nothing in these Terms or done under these Terms in any way limits, prohibits or restricts either party from engaging in discussions or entering into agreements with any other person at any time regarding similar services, deliverables and other work product as those performed, delivered or provided under these Terms.
You will not, without prior written consent from Nextech, directly or indirectly (whether individually, jointly or in conjunction with any person) in any manner (including as any individual, firm, association, syndicate, company, corporation, or other business enterprise, as principal, agent, shareholder, officer, independent contractor, or in any other manner whatsoever), during the term of these Terms and for a period of twelve (12) months thereafter, seek in any way to persuade or entice any person to terminate an employment, advisory or consulting position with Nextech, or hire or retain the services of any such person, provided that nothing in this provision shall prevent you from directly or indirectly hiring or retaining any person pursuant to general, public job advertisements that are not targeted to Nextech’s personnel. If you only access the Services as a Personal User, this provision does not apply to you.
These Terms, their subject matter and their formation are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules. This applies to all Services, including Eventdex and Map D, and replaces any prior governing law provision applicable to those Services. You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms, the Services, or to any dispute or transaction arising out of these Terms or the use of the Services.
Most customer concerns regarding the Services can be resolved quickly and to a customer’s satisfaction by emailing us at support@nextechar.com. However, with respect to any dispute arising out of or in connection with these Terms that cannot be resolved by email, including any question regarding the existence, validity or termination of these Terms, the parties agree that such unresolved disputes will be resolved by arbitration at the Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator and shall be held in Vancouver, British Columbia. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (British Columbia). The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties. Notwithstanding the foregoing, each party may seek injunctive relief in any court of competent and appropriate jurisdiction.
To the fullest extent permitted by applicable law, any cause of action brought by you against us or our affiliates must be instituted within one (1) year after the cause of action arises, or be deemed forever waived and barred.
In these Terms, (a) the captions and headings are for convenience only, do not constitute substantive matter, and are not to be construed as interpreting the contents of these Terms; (b) the word “including”, the word “includes”, the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (c) all references to Services will also include any successor or replacement applications, websites, content, or services containing substantially similar information as the referenced Service(s).
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior written consent, and any purported attempt to do so will be null and void. These Terms will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Our failure to insist upon or enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any court of law having jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or, if that is not possible, removed from these Terms without affecting the rest of these Terms, and the remaining provisions will continue to be valid and enforceable.
Each of the parties agrees to execute and deliver at the request of the other party all such further documents, deeds and instruments, and will do and perform all such further acts as may be reasonably necessary to give full effect to the intent and meaning of these Terms.
We will not be liable for delays, failures in performance, or interruptions of the Services that result directly or indirectly from any cause or condition beyond our reasonable control, including significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labour dispute, fire, adverse weather, inability to secure transportation, governmental act or regulation, interruption in telecommunications or internet services or network provider services, failure of equipment or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe, or any other occurrence which is beyond our reasonable control; and this shall not affect the validity and enforceability of any remaining provisions.
The remedies of the parties set out in these Terms are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided by law, equity, statute, these Terms, any other agreement between the parties or otherwise.
These Terms will enure to the benefit of and be binding on your successors and assigns and on the successors and permitted assigns of Nextech.
The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Each party agrees that it has read and understands these Terms and the obligations imposed in them, and that it has been provided with a reasonable chance to seek independent legal advice.
These Terms may be executed in counterparts (including electronically), each of which will constitute an original and all of which taken together will constitute one and the same instrument.
Any questions? Get in touch at support@nextechar.com.
This Exhibit A forms an essential party of the Nextech AR Solutions Corp. Terms and Conditions. The following Nextech products and services comprise the “Services”; your use of which is governed by the Terms and Conditions.
Copyright © 2026 Nextech AR Solutions Inc. 150 King St W #717, Toronto, Ontario, M5H 1J9
