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Terms of Service

Last updated: December 18, 2024

1. Agreement to Terms

By accessing or using NextSet (accessible at nextset.ca), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Service.

NextSet is operated by NextSet ("we", "us", or "our"). These Terms govern your use of our web application and services for live event management, including countdown timers, projector displays, director controls, and related features.

2. Description of Service

NextSet provides a real-time event coordination platform that enables:

  • Real-time countdown timers for live performances and events
  • Projector view displays for audience-facing screens
  • Director control panels for stage managers and event coordinators
  • Multi-stage event coordination
  • Rundown scheduling and performer management
  • Judge and voting systems for competitions
  • Analytics and event tracking

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account using Google OAuth or email/password authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Types

NextSet offers different user roles including Fan, Creator, Staff, Judge, Admin, and Super Admin. Each role has specific permissions and access levels within the platform.

3.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion. Upon termination, your right to access the Service immediately ceases.

4. Subscription and Payment Terms

4.1 Free Trial

New users receive a 24-hour free trial period to explore all features. During this period, you may optionally provide payment information. If payment information is provided, billing begins automatically after the trial period ends unless you cancel before the trial expiration.

4.2 Subscription Plans

NextSet offers various subscription plans including Day Pass, Monthly, and Annual options. Prices are displayed in Canadian Dollars (CAD) for Canadian users and United States Dollars (USD) for all other regions. Current pricing is available on our pricing page.

4.3 Billing

Subscriptions are billed in advance on a recurring basis (daily, monthly, or annually depending on your selected plan). Payment is processed through Stripe, a third-party payment processor.

4.4 No Refunds Policy

All payments are final and non-refundable. Once a payment has been processed, we do not provide refunds or credits for any reason, including but not limited to: partial month usage, unused features, account downgrade, or service dissatisfaction. You may cancel your subscription at any time, but you will retain access until the end of your current billing period.

4.5 Subscription Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting support. Upon cancellation:

  • You will retain access until the end of your current billing period
  • No future charges will be made
  • No partial refunds will be issued for unused time

4.6 Non-Payment Consequences

If your subscription expires or payment fails, access to your account and all associated content (events, rundowns, performer data, analytics) will be immediately suspended. Events you have created will become inaccessible, and any active events will cease to function including projector displays and director controls. To restore access, you must reactivate your subscription with a valid payment method.

5. User Content and Data

5.1 Your Content

You retain ownership of content you create through the Service, including event names, performer information, rundowns, and custom configurations. However, by using NextSet, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content as necessary to provide and improve the Service.

5.2 Data Usage

We may collect and use aggregated, anonymized data derived from your usage of the Service for analytics, service improvement, and business purposes. This aggregated data does not identify you personally. See our Privacy Policy for complete details on data collection and usage.

5.3 Data Retention

We retain your data while your account is active. Upon account termination or extended subscription lapse, we may delete your data after a reasonable retention period. We are not responsible for any loss of data resulting from account termination or non-payment.

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to any portion of the Service
  • Interfere with or disrupt the Service or servers/networks connected to it
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Upload content that infringes on intellectual property rights
  • Share account credentials or allow unauthorized access to your account
  • Use the Service to transmit harmful code, malware, or spam
  • Resell, sublicense, or commercially exploit the Service without authorization

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by NextSet and is protected by international copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

The NextSet name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NextSet or its affiliates.

8. Third-Party Services

The Service integrates with third-party services including:

  • Stripe - Payment processing
  • Google - OAuth authentication
  • Twilio - SMS notifications (optional)
  • OBS Studio - Streaming integration (optional)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party services.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss or damage resulting from Service unavailability.

For live events, we recommend having backup procedures in place. NextSet is provided as a tool to assist with event management but should not be your only method of timekeeping.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTSET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

This limitation applies regardless of the legal theory on which the claim is based, including negligence, contract, strict liability, or any other basis.

11. Indemnification

You agree to indemnify, defend, and hold harmless NextSet and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in Ontario, Canada.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us at:

Email: legal@nextset.ca
Website: https://nextset.ca

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NextSet regarding the Service and supersede all prior agreements and understandings.