Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using the neonixes website (neonixes.pro) and our digital marketplace services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you and neonixes B.V., a company registered in the Netherlands with registration number 90734628 and VAT number NL892504317B01.

If you do not agree to abide by the above, please do not use our services. Your continued use of our website and services following the posting of changes to these terms will be deemed your acceptance of those changes.

Company Information

neonixes B.V. is a Dutch private company with limited liability, registered at Kastanjelaan 156, 1310 OP Almere, Flevoland, Netherlands. We provide digital marketplace platform services and e-commerce solutions primarily to businesses operating within the European Union.

Service Description

neonixes provides digital marketplace platform services, including but not limited to:

  • Marketplace platform development and hosting
  • Payment processing integration
  • Seller management tools
  • Analytics and reporting services
  • Technical support and maintenance
  • Consulting services for digital commerce

User Obligations and Responsibilities

As a user of our services, you agree to:

  • Provide accurate, current, and complete information when requested
  • Maintain the security of your account credentials
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not interfere with or disrupt the integrity or performance of our services
  • Not attempt to gain unauthorized access to our systems or networks
  • Comply with all applicable laws and regulations in your jurisdiction
  • Respect the intellectual property rights of neonixes and third parties
  • Not use our services to transmit harmful, offensive, or illegal content

Account Registration and Security

To access certain features of our services, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.

Payment Terms and Billing

Payment terms for our services will be specified in your service agreement or invoice. All fees are exclusive of taxes unless otherwise stated. Payment is due within the timeframe specified in your agreement. Late payments may result in service suspension and additional charges.

Intellectual Property Rights

The neonixes platform, including all software, designs, text, graphics, logos, and other content, is the exclusive property of neonixes B.V. and is protected by Dutch and international copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works of our intellectual property without our express written permission.

You retain ownership of any content you provide to us, but you grant neonixes a non-exclusive, worldwide, royalty-free license to use, modify, and display such content as necessary to provide our services.

Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Service Availability and Modifications

We strive to maintain high service availability but cannot guarantee uninterrupted access to our services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to users.

Limitation of Liability

To the maximum extent permitted by applicable law, neonixes B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.

Our total liability to you for any claims arising from these Terms or your use of our services shall not exceed the amount you have paid to neonixes in the twelve months preceding the claim.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. neonixes disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to indemnify and hold harmless neonixes B.V., its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our services or your violation of these Terms.

Termination

Either party may terminate this agreement at any time with appropriate notice as specified in your service agreement. neonixes reserves the right to immediately terminate or suspend your access to our services if you violate these Terms or engage in activities that may harm our business or other users.

Upon termination, your right to use our services will cease immediately, and we may delete your account and associated data in accordance with our data retention policies.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the Dutch courts, specifically the courts of Amsterdam, Netherlands.

European Union Compliance

As a company operating within the European Union, neonixes complies with applicable EU regulations, including the General Data Protection Regulation (GDPR), Digital Services Act, and other relevant European legislation.

Force Majeure

neonixes shall not be liable for any failure or delay in performance under these Terms that is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, or government regulations.

Severability

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

Entire Agreement

These Terms constitute the entire agreement between you and neonixes regarding your use of our services and supersede all prior agreements and understandings, whether written or oral.

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 our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Contact Information

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

Business Hours

Our customer service and legal team are available during our business hours: Monday through Friday, 9:00 AM to 6:00 PM Central European Time (CET).