Terms of Service

Acceptance of Terms

Welcome to nextorbits GmbH ("nextorbits", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website located at nextorbits.world and our software engineering services (collectively, the "Service") operated by nextorbits GmbH.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms constitute a legally binding agreement between you and nextorbits GmbH.

nextorbits GmbH is a company registered in Germany with registration number HRB538274, located at Mozartstraße 186, 44390 Dortmund, Germany.

Description of Services

nextorbits provides software engineering services including but not limited to:

• Custom software development
• Enterprise software solutions
• Technical consulting services
• System integration services
• Software maintenance and support

Specific terms for individual projects will be outlined in separate service agreements or statements of work.

User Obligations

When using our services, you agree to:

• Provide accurate and complete information
• Use our services only for lawful purposes
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Not interfere with or disrupt our services
• Not attempt to gain unauthorised access to our systems
• Maintain the confidentiality of any access credentials

You are responsible for all activities that occur under your account and for maintaining the security of your account information.

Payment Terms

Payment terms for our services will be specified in individual service agreements. General payment conditions include:

• All fees are quoted in Euros (EUR) unless otherwise specified
• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payments may incur additional charges as permitted by law
• All prices are exclusive of applicable taxes

We reserve the right to suspend services for overdue payments after appropriate notice.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of nextorbits GmbH and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

For custom software development projects, intellectual property rights will be addressed in the specific project agreement. Unless otherwise specified:

• You retain ownership of your business data and content
• We retain ownership of our proprietary methodologies and tools
• Custom developed software ownership will be as specified in the project agreement

You grant us a licence to use your content solely for the purpose of providing our services to you.

Confidentiality

We understand that in the course of providing services, we may have access to confidential information. We commit to:

• Maintain the confidentiality of your proprietary information
• Use confidential information only for the purpose of providing services
• Implement appropriate security measures to protect confidential data
• Not disclose confidential information to unauthorised third parties

Specific confidentiality terms may be outlined in separate non-disclosure agreements.

Limitation of Liability

To the maximum extent permitted by applicable law, nextorbits GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for any claims arising from or related to these Terms or the Service shall not exceed the amount paid by you to nextorbits for the services during the twelve (12) months preceding the claim.

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Warranties and Disclaimers

We provide our services with reasonable skill and care. However, except as expressly stated in these Terms or specific service agreements:

• The Service is provided "as is" and "as available"
• We make no warranties, express or implied, regarding the Service
• We do not warrant that the Service will be uninterrupted or error-free
• We disclaim all warranties of merchantability and fitness for a particular purpose

Any specific warranties for custom software projects will be detailed in the relevant service agreement.

Indemnification

You agree to defend, indemnify, and hold harmless nextorbits GmbH and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Dortmund, Germany.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

You may terminate your use of our Service at any time. Termination of ongoing projects will be governed by the specific terms in the relevant service agreement.

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Force Majeure

nextorbits shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, strikes, epidemics, government regulations, disasters, or other unforeseeable circumstances.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and nextorbits GmbH regarding the use of our Service, superseding any prior agreements between you and nextorbits relating to your use of the Service. Specific project terms will be governed by separate service agreements that supplement these Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us: