Founded in 2003, NEXT Analytics was founded to bring the power of business intelligence analysis to the then emerging field
of analytics. The company’s solutions respond to the needs of corporate marketing, sales, operations and communications teams,
managers and professionals, agencies, and social marketers who need to analyze, understand and report on Web traffic and
social media, as well as their connection to other organizational goals.
An industry pioneer, NEXT remains at the forefront of the industry, offering clients solutions that pair class-leading
analytics capabilities with excellent customer support. With more than a decade of experience working analytics community,
NEXT has helped thousands of customers and their clients meet business requirements through the delivery of effective
reports and dashboards.
NEXT Analytics Terms of Service
By Creating an account with NEXT Analytics corp., you agree to be bound by the terms of service and become a party to this agreement. If you do not agree to the terms of this agreement, do not create your account.
Last Updated: Feb 28, 2014
Welcome to NEXT Analytics. These Terms of Service (the “Terms”) are a binding legal agreement between you and NEXT Analytics corp. (”NEXT Analytics” or “we,” “our” or “us” ), regarding your use of our websites (www.nextanalytics.com), and our services (the websites and services are collectively referred to as the “Service”). Please read these Terms carefully.
In addition, when using certain features of the Service you also will be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.
We may periodically make changes to these Terms. We will notify registered users of changes by posting updates to www.nextanalytics.com. By using the Service, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Service.
1. The Service
NEXT Analytics provides an analytics and reporting solution that helps marketers collect social media and online marketing data and create beautiful, custom reports in Excel and online.
You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Services are not intended for those under the age of 18.
3. Account Registration
You must register to use certain features of the Services. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at email@example.com.
4. Free Trial
We may offer you free trials for selected features of the Service, including a limited time trial period of NEXT Analytics. Once your free trial period ends, your ability to access certain features of the Service will terminate. NEXT Analytics reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.
5. Fees; No Refunds
Access to selected features of the Service is provided to you free of charge. We may charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). NEXT Analytics reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. When you purchase any Paid Services, you authorize NEXT Analytics or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in U.S. dollars, including all applicable taxes, and you agree that our payment provider can store your credit card information. If NEXT Analytics does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and NEXT Analytics may suspend your access to the Services until full payment is received. All sales are final and NEXT Analytics will not issue refunds, including for prepaid monthly fees.
6. Use Restrictions
You will not: (a) use the Service for any commercial purpose, unless expressly authorized by NEXT Analytics; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service for any purpose without our express written permission; (f) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, provincial national, or international law or regulation.
7. Interactive Services
The Service may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store data, photographs, ratings or reviews, and other content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and you use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, Social Insurance numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
Comments that in any way refer to persons under 18 years of age;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless we indicate otherwise, you (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
8. Modifications to the Service
NEXT Analytics reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
9. Term and Termination
Your account remains in effect unless you cancel it or unless NEXT Analytics terminates your account as provided by these Terms. To terminate your account, please email NEXT Analytics at firstname.lastname@example.org. Notwithstanding any provision of these Terms, we reserve the right, without notice and at our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
11. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
NEXT Analytics corp.
Attention: Registered Agent
PO Box 373
Ottawa, Ontario, Canada
NEXT Analytics, the NEXT Analytics logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of NEXT Analytics and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
14. Third-Party Content
The Service may contain links to Web pages and content of third parties (“Third-Party Content“) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless NEXT Analytics, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
17. Disclaimer of Warranties
Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. The service, and all content available on and through the service are provided on an “as is” and “as available” basis. Next analytics and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Next analytics does not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding next analytics that is not expressly stated in these terms. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
18. Limitation of Liability
Neither NEXT Analytics nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if NEXT Analytics or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the service or any content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The maximum total liability of next analytics and its suppliers and licensors to you for all claims under these terms, whether in contract, tort, or otherwise, is $100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
19. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms, including all Policies, constitute the entire agreement between you and NEXT Analytics concerning the Service. These Terms supersede all prior agreements or communications between you and NEXT Analytics regarding the subject matter of these Terms.
21. Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact NEXT Analytics at email@example.comK or write us at:
NEXT Analytics corp.
PO Box 373
Canada, K4M 1A4
Last Updated: Feb. 28,2014
Our Commitment to Your Privacy
The NEXT Analytics website and services made available from www.nextanalytics.com, or otherwise by NEXT Analytics are owned and operated by NEXT Analytics (“NEXT Analytics,” “we,” “our,” or “us”). At NEXT Analytics, we understand that you value your privacy, and we want to help make your experience with our site and services (referred to in this policy collectively as our “Services”) satisfying and safe. This policy describes our collection of information, including personal information, in connection with our Services, and explains how we use and disclose this information. To make this policy easy to find, we make it available from our homepage (www.nextanalytics.com).
“Personal Information,” as used in this policy, is information that may be used to identify an individual, such as a person’s name, email address, or credit card number.
How We Collect Personal Information
We collect Personal Information in the course of providing our Services to you, including through your voluntary submissions, such as information that you provide to us at the time of registering for our Services, or through your use of our Services. When you register with us for an account, we may collect information such as your name and email address. When you pay for certain features of the Services, we may collect information such as your credit card number, expiration date, billing address, and CVV or security code number. We may also request Personal Information in other circumstances, such as when you request user support.
We may receive Personal Information from third parties about their users, and may combine this information with other Personal Information we maintain about you. If we do so, this policy also governs the combined information.
How We Use Personal Information
We use Personal Information we collect to provide, improve, and develop our Services, to tailor your user experience, to respond to your inquiries or requests, to prevent or investigate fraudulent or inappropriate usage of our Services, to further research and development, to analyze trends, and for the other purposes described in this policy.
In addition, we may use your email address to deliver product information and marketing messages. You may opt-out from receiving these marketing messages by following the instructions provided in the messages to unsubscribe from email communication or by emailing the address provided at the end of this policy.
How We Share Personal Information
We may also provide Personal Information to our subsidiaries, affiliated companies, and other trusted businesses or persons for the purpose of providing our Services and for our other purposes described in this policy. We limit the Personal Information shared with these third parties to that which is necessary to carry out those functions.
We may share Personal Information with third parties (including regulatory or law enforcement authorities) in order to carry out a user’s request or if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
If you post any of your information to a public area of our Services, please be aware that it is no longer “Personal Information” for the purposes of this policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information, including your email address or name, to a limited set of other users through any of our privacy controls or other settings, please understand that NEXT Analytics has no control over how others may collect, use, or disclose such information.
Non-Personal Information We Collect, and How We Use It
We may also collect information that is not personally identifiable, and may aggregate personal information or otherwise render it anonymous (that is, non-personally identifiable). We may use non-personally identifiable information we collect to provide, improve, and develop our Services and otherwise to tailor your user experience, to prevent or investigate fraudulent or inappropriate usage of our Services, to further research and development, and for the other purposes described in this policy. We may use this anonymous information for various purposes and may share it with third parties. Below are some examples of the types of non-personal information we collect and some specific examples of how we use this information:
Usage tracking. We may collect non-personal information from your use of our Services. For example, we may collect information about user traffic and usage patterns throughout our site, and similar information regarding the use of our Services. We may also track click-through information, such as IP addresses, from the messages we send to our users. We use the information we collect in these manners to, for example, improve our Services, to develop new products and services, to gauge the effectiveness of our marketing campaigns, to discourage and address abusive and fraudulent use of our Services, and to help our users with troubleshooting issues.
Also, please be aware that third parties may set cookies on your hard drive or use other means of passively collecting information about your use of their services or content. We do not have access to, or control over, these third-party means of passive data collection.
If we directly combine any non-personal information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this policy. Otherwise, we use information collected by passive means in aggregated or other non-personally identifiable forms.
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides his or her Personal Information to us through our Services represents that he or she is older than 12 years of age.
Our Commitment to Data Security
In an effort to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Please be aware, however, that no data transmissions over the Internet or other networks can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security or integrity of any information you transmit to us. You transmit information to us at your own risk. Once we receive Personal Information, we make reasonable efforts to protect it from unauthorized access, disclosure, alteration, or destruction. But we cannot represent or guarantee that Personal Information will not be accessed, disclosed, altered, or destroyed.
If NEXT Analytics learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. NEXT Analytics may post a notice through the Services if a security breach occurs. If this happens, you will need a web browser enabling you to access the Services. NEXT Analytics may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Third-Party Sites and Services
Our Services may contain links to and interoperate with third-party sites and services. Any links to or interoperability with third-party sites or services are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties. Any Personal Information that you provide to any other third party is subject to that third party’s privacy practices and policies, not this policy. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.
Information about our users, including Personal Information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which Personal Information would be transferred as one of our business assets.
The Services are hosted in and provided from Canada. If you use our Services from the United States, European Union or other regions with laws governing data collection and use that may differ from Canadian law, please note that you are transferring your personal data to Canada. Canada does not have the same data protection laws as the EU and some other regions. By providing your Personal Information, you consent to the transfer of your personal data to Canada and the use of your Personal Information, in accordance with this policy.
Information Retention and Disposal
We may retain Personal Information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. Additionally, the Service may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.
Changes and Updates
How to Contact Us
PO Box 373
Canada, K4M 1A4