Terms of Use.
01General Information
Please read carefully our Terms of Use for further successful cooperation with us. By using the Services of the [WEBSITE URL — pending domain], you automatically confirm your informed consent to these Terms of Use.
1.1. Read these Terms of Use of NextGen Connectivity OÜ carefully, since this Agreement applies to NextGen Connectivity OÜ Services available on the website located at the [WEBSITE URL — pending domain] (hereinafter referred to as the “Website”).
1.2. These Terms of Use, as well as the Privacy Policy and Acceptable Use Policy, are an integral part of the agreement between Us and the User, and should be read together. Collectively, they constitute the “Agreement.”
1.3. By accessing and/or using the Services, you agree to this Agreement, the Acceptable Use Policy, as well as our Privacy Policy, and conclude a legally binding agreement with NextGen Connectivity OÜ (hereinafter referred to as “the Company”), regardless of whether you register or interact with the Website. Our Services, consisting of providing Partner-developers with a Software Development Kit (SDK), are governed by separate bilateral agreements concluded privately, and are not directly available to end-users on this Website. In addition to the Users defined as a legal entity, the provisions of the Data Processing Agreement (the “DPA”) shall be applied.
1.4. You may be referred to as “you” or the “User” in this Agreement.
1.5. You have the right to visit the Website and/or use NextGen Connectivity OÜ Services only if you fully agree with this Agreement. If you use NextGen Connectivity OÜ Services, this means that you confirm your informed consent to this Agreement, any other appendices to this Agreement related to the use of any NextGen Connectivity OÜ Services, as well as any other documents referred to in this Agreement, including Privacy Policy.
1.6. The Acceptable Use Policy and the Privacy Policy are integral parts of this Agreement. If you do not carefully read, do not fully understand, or do not agree with this Agreement or other appendices to this Agreement, you must immediately leave the Website and stop using NextGen Connectivity OÜ Services.
1.7. By accepting this Agreement, you agree to its terms, as well as the terms of any other documents referred to herein. You accept this Agreement when (1) , or () you complete and confirm the Form that refers to this Agreement.
1.8. Access to Services is prohibited for such purposes: monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
1.9. NextGen Connectivity OÜ's direct competitors are prohibited from accessing the Services, except with NextGen Connectivity OÜ's prior written consent.
1.10. This Agreement becomes effective between the User and NextGen Connectivity OÜ as of the date of the User’s acceptance of this Agreement.
02Definitions
2.1. Please review the terms we use to understand the content and meaning of this Agreement fully:
2.1.1. “User” - 1) an individual who has reached the age of 18 and accepts this Agreement on their own behalf, or 2) a legal entity represented by an individual who accepts this Agreement on behalf of such a legal entity, that visits, browses, accesses, or interacts with the Website intending to obtain information regarding cooperation. Users may include, for example, employees, consultants, contractors, and agents of the company or legal entity, as well as third parties with whom such an entity runs a business.
2.1.2. “Form “Contact Form” (hereinafter - Contact Form) - an online form that allows the User to submit an inquiry or request for information regarding the Company's SDK on the Website and which specifies the User's contact details, company name, and the preferred options for potential partnership.
2.1.3. “Company ” - NextGen Connectivity OÜ with a registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7, 10117.
2.1.4. “NextGen Connectivity OÜ” or Services - provision of access to the technical, promotional, and informational features of the Website, including descriptions and feedback tools regarding our Software Development Kit (SDK) for integration and traffic monetization for Partner-developers. For the avoidance of doubt, the actual licensing, deployment, and commercial terms of the SDK are not provided under this Agreement and are governed strictly by separate bilateral Partnership agreements.
2.1.5. “Software Development Kit” or “SDK” - a proprietary software component developed and owned by the Company, designed to be integrated into applications for traffic routing and monetization under a separate bilateral Partnership Agreement.
2.1.6. “Partner-developer” - 1) an individual who has reached the age of 18 or the required age of their respective jurisdiction, or 2) a legal entity represented by an individual, who accepted and joined the Partnership Agreement with Us.
2.1.7. “Partnership Agreement” - a separate, legally binding agreement concluded privately between the User and the Company, which exclusively governs the technical use and financial terms of the SDK deployment.
03The Subject of the Agreement
3.1. NextGen Connectivity OÜ provides the User with the Services by granting access to the Website and its descriptive and feedback functionality, and the User is obliged to use these Services and the Website in accordance with this Agreement, Acceptable Use Policy, and the Privacy Policy.
04Provision of the Company’s Services
4.1. NextGen Connectivity OÜ makes the Services available to the User pursuant to this Agreement, namely, provides the User with open access to descriptions, promotional materials, and feedback tools regarding our Software Development Kit (SDK) for integration and subsequent exclusive traffic routing and monetization via the Company’s infrastructure. For the avoidance of doubt, while the final commercial objective relies on the exclusive resale of the resulting traffic to the Company, the Company does not provide any personal accounts, software downloads, or direct access to the SDK setup files via this Website.
4.2. In order to facilitate the use of the Services by the User, NextGen Connectivity OÜ may provide the necessary consultations on our partnership options and business inquiries via e-mail or the Company’s Contact Form.
4.3. NextGen Connectivity OÜ uses commercially reasonable efforts to make the purchased Services available , except for:
4.3.1. planned maintenance;
4.3.2. any unavailability caused by circumstances beyond the Company’s reasonable control, including, for example, natural disasters, an act of government, flood, fire, earthquake, civil unrest, an act of terrorism, strike or other labour problem, inability to provide the Service due to the fault of third parties (for example, Internet service provider failure or delay or denial of service).
4.4. NextGen Connectivity OÜ provides the Services in accordance with laws and governmental regulations applicable to the Company’s provision of its Services to its Users generally (i.e., without regard for Users’ particular commercial activity or specific industry), and subject to the User’s use of the Website in accordance with this Agreement.
4.5. NextGen Connectivity OÜ does not control the general development activities of the User related to its independent business operations, or any other matters related to any separate mobile or desktop applications that the User provides or receives. However, in order to use the SDK, the User`s line of business as well as their supportive documents should align with our Acceptable use policy.
4.6. NextGen Connectivity OÜ may collect statistical data, including data related to the general activity of the User on the Website, in strict compliance with our Privacy Policy.
4.7. NextGen Connectivity OÜ may change, modify, and update the Website without the notification and consent of the User.
4.8. NextGen Connectivity OÜ has the right to set restrictions on the use of the Services based on safety, legal, or other requirements necessary for the appropriate line of business.
4.9. NextGen Connectivity OÜ may send messages, requests, advertising, informational, or other notices to Users who have submitted their contact data and expressed consent, including responses to cooperation inquiries.
4.10. In order to ensure the security of the Website, as well as to improve the quality of the provision of Website infrastructure, the Company may carry out preventive maintenance, which may entail the suspension of the Website.
4.11. The User acknowledges and agrees that, despite the measures taken by the Company, the Website may be compromised, including by hackers, Internet viruses, malware, system and software viruses, etc. Under such circumstances, the Company may take corrective actions it deems necessary at its sole discretion, and the User acknowledges and agrees that the Company shall not be liable to the User for any damage that it may suffer due to such corrective actions or compromises.
4.12. The Company has the right to refuse or cancel access to the Website and its feedback forms at its sole discretion, without penalty or liability to the User.
05Use of the Company’s Services
5.1. The User shall use the Services responsibly, following the rules, obligations, and restrictions for their use written in the Acceptable Use Policy published on /acceptable-use
5.2. Users are encouraged not to take actions that may negatively affect the Website and disrupt the Company’s operation.
06Communication, Security, and Suspension of Access
6.1. You are solely responsible for the correctness, relevance, and legality of any information, technical metrics, or project descriptions you provide via the Website. You must ensure that all details regarding your company or independent applications comply with applicable laws. We reserve the right to restrict, suspend, or terminate the User's access to the Website and its communication channels at any time, at our sole discretion, without penalty or liability to any person or entity. Please write to [EMAIL — pending domain] if you believe that the suspension or restriction of access occurred erroneously.
6.2. Prior to establishing any private B2B partnership, a potential Partner-developer may complete the Contact Form or any feedback widget on the Website to submit a request for information or technical cooperation regarding the SDK.
6.3. Any individual or legal entity that intends to explore potential partnership opportunities with the Company in accordance with this Agreement may submit their inquiries through the available feedback interface.
6.4. In order to submit an inquiry through the Website, the User must provide accurate information, including a valid legal name, business email address, company details, store application link (Google Play, App Store, or Microsoft Store), platform type (Android, iOS, Windows, macOS, or Smart TV), active user metrics (approximate MAU/DAU), and a case description or comment. as prompted by the Contact Form interface. The User may also optionally provide the country of corporate registration and messenger contact details for expedited communication.
6.5. The User acknowledges that submitting the Contact Form is the preliminary onboarding step, and all potential Partner-developers shall mandatory undergo a full Know Your Customer (KYC) verification procedure via third-party providers (including Sumsub) before executing any Partnership Agreement.
6.6. While using the Website’s feedback tools and initiating business communication, it is required to provide valid contact details, as the Company will use them to communicate with the User regarding partnership options, technical requirements, or responses to cooperation inquiries.
6.7. A single request for information submitted via the Contact Form is processed by our corporate team. If the User requires information for multiple separate projects or applications, they may outline relevant operational parameters within the same communication or through successive inquiries.
6.8. The Company strictly does not recommend posting, submitting, or storing highly personal, sensitive, or third-party confidential data within the feedback forms or on the open pages of the Website and does not bear any responsibility in case of compromise, interception, loss, or damage to any such information.
6.9. The Company may change, suspend, or completely terminate the User’s access to the Website or restrict their ability to use the technical feedback forms:
6.9.1. if the User violates the applicable local law or international regulations while interacting with the Website;
6.9.2. if the Company, at its own discretion, determines that the User has violated any provision of this Agreement or our acceptable norms of behavior;
6.9.3. under any other technical or security circumstances, if the Company deems it necessary to protect its digital assets and reputation.
07Fees and Payment
7.1. The Company features descriptive overviews and potential commercial structuring for its digital solutions directly on the Website. Specific pricing, commercial tariffs, and financial frameworks for the Software Development Kit (SDK) integration and traffic monetization are established and customized within individual corporate proposals.
7.2. For the avoidance of doubt, all commercial operations, financial transactions, and payment obligations are executed strictly outside of this Website pursuant to separate bilateral Partnership Agreements privately concluded between the Company and the Partner-developer.
7.3. he potential Partner-developer shall pay fees, software maintenance costs, or traffic routing expenses strictly specified in the respective bilateral agreements or appended corporate invoices. Except as otherwise explicitly specified in such separate bilateral agreements:
7.3.1. fees are based on the digital solutions and/or traffic volumes purchased and not actual server downtime;
7.3.2. payment obligations are governed strictly by the execution terms of the respective bilateral agreements and are subject to separate non-refundable or non-cancelable commercial clauses agreed upon by the corporate parties privately;
7.3.3. quantitative parameters or traffic capacity tiers purchased cannot be unilaterally decreased after the execution of the private bank transfer.
7.4. Prices or financial estimations indicated on the Website may be presented in USD or other regional currencies for global informational clarity.
7.5. All real-world payments are made the Partner-developer through international online banking, wire transfers, or dedicated corporate payment systems strictly provided for and approved in the respective bilateral agreement or corporate invoice. The Website does not maintain or offer any integrated personal accounts, online billing mechanisms, checkout modules, digital wallets, or payment balances for electronic transactions.
7.6. The potential Partner-developer is responsible for providing the Company with complete and accurate company registration data and valid payment details during the private onboarding process, as well as for notifying the Company of any changes in such corporate information.
7.7. Prices and estimates may be reviewed, adjusted, and changed by the Company at its sole discretion, unilaterally to reflect digital market trends. Any commercial parameters or financial estimates are determined strictly on an individual basis and presented via bilateral Partnership Agreements.
08Proprietary Rights and Licenses
8.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, the Company reserves all the rights, titles and interests in and to the Website and its Content, including all of their related intellectual property rights. No rights are granted to the User hereunder other than as expressly set forth herein.
8.2. License by User to Use Feedback. The User grants to the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by the User relating to the operation of the Website and/or the Company's digital solutions.
8.3. License by User to Use Name, Commercial Name, Trademarks, and Logos. The User grants to the Company a worldwide, perpetual, irrevocable, royalty-free license to place its name, commercial name, trademarks, and logos on the Website for promotional and partner-showcase purposes, subject to the prior mutual assent during the B2B onboarding process.
09Responsibility
9.1. The User is solely liable for their actions while utilizing the Website, including the resolution of any third-party claims brought against them. The Company bears no responsibility or liability for your obligations to third parties.
9.2. The Company is not responsible for the User’s actions committed as a result of using the Website, including the User’s use of the Website in violation of applicable law or international law, violation by the User of its obligations to third parties, etc.
9.3. The Company is not responsible and cannot provide any guarantees for the absolute timeliness, continuity, accuracy, or uninterrupted availability of the informational data, descriptions, and technical specifications of the Software Development Kit (SDK) displayed on the Website. All Content is provided for general evaluation purposes only, and specific technical SLA metrics are governed strictly under the private Partnership Agreement.
9.4. The Company is not responsible for the information published or submitted by the User using the Website and its Contact Form.
9.5. The User agrees to release the Company’s Website and other third-party partners from claims based on negligence on the part of other Users and third parties.
9.6. The Company is not responsible for the behaviour of any other Users or third parties, as well as for the accuracy, reliability, and relevance of the information they provide. The Company is not responsible for any claims, damages, or losses related to the use of the Website by the User.
9.7. The Company is not responsible for the enforcement of this Agreement by the User in relation to third parties. Although the Company encourages the User to report if the User believes that another User or a third party has violated this Agreement. The Company reserves the right to investigate and take appropriate actions at its sole discretion.
10Confidentiality
10.1. This Agreement and the Privacy Policy (available at /privacy govern the handling of Confidential Information.
10.2. Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
10.2.1. Confidential Information of the User includes any specific operational data and business details provided by the User through the Contact Form or corporate email communications.
10.2.2. Confidential Information of the Company includes the proprietary Software Development Kit (SDK) descriptions, upcoming software release plans, technical design metrics, and non-public business strategies available or introduced through .
10.2.3. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party and the content of communications between the parties.
10.2.4. However, Confidential Information does not include any information that:
10.2.4.1. is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
10.2.4.2. was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,
10.2.4.3. is received from a third party without breach of any obligation owed to the Disclosing Party, or
10.2.4.4. was independently developed by the Receiving Party.
For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties in connection with the evaluation of potential partnership options, B2B cooperation requests, or technical inquiries regarding the Company’s SDK.
10.3. Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to:
10.3.1. not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement;
10.3.2. except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of Confidential Information than those herein.
Neither party will disclose the terms of any business proposals or corporate inquiries to any third party, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its legal counsel or accountants will remain responsible for such legal counsel’s or accountant’s compliance with this “Confidentiality” section.
Notwithstanding the foregoing, the Company may disclose the terms of any technical inquiries to a subcontractor to the extent necessary to perform the Company’s obligations regarding Website maintenance, under terms of confidentiality materially as protective as set forth herein.
10.4. Compelled Disclosure. The Receiving Party is allowed to reveal the Confidential Information of the Disclosing Party when required by law, as long as the Receiving Party provides the Disclosing Party with prior notice of the required disclosure (as much as the law allows) and offers reasonable assistance, at the expense of the Disclosing Party, if the Disclosing Party intends to contest the disclosure. If the Receiving Party is legally obligated to share the Disclosing Party’s Confidential Information in connection with a civil proceeding involving the Disclosing Party, and the Disclosing Party does not contest this disclosure, the Disclosing Party will compensate the Receiving Party for its reasonable expenses incurred in compiling and granting secure access to that Confidential Information.
11Representations and Disclaimers
11.1. Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
11.2. Disclaimers. Any informational Service or Content on the Website is provided “as is”, and as available, exclusive of any warranty whatsoever. Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.
11.3. To the fullest extent permitted by applicable law, the Company shall not be liable for any actions, omissions, or misuse of the SDK by Partner-developers, or other third parties that are inconsistent with the terms of their agreements with the Company, the Company's policies, or applicable legal requirements.
The Company neither controls nor assumes responsibility for the manner in which end users, customers, or other recipients subsequently use any traffic, data, IP resources, or related services obtained through such third parties.
Notwithstanding the foregoing, the Company maintains and continuously develops reasonable technical, organizational, and contractual safeguards aimed at preventing unauthorized or unlawful use of its services, promoting compliance with applicable laws, and supporting lawful international transfers of data where such transfers occur.
12Limitation of Liability
12.1. Limitation of Liability. no event shall the aggregate liability of each party arising out of or related to this Agreement exceed .
12.2. The Company shall by no means be held liable for:
12.2.1. any problem, fault or error that occurs due to use of the Website in a way that does not comply with the instructions, procedures or other specifications given by the Company or due to breach by the User of any of its obligations under this Agreement,
12.2.2. problems occurring due to further use of the Website in conjunction with software or hardware that is incompatible with the User’s operating system, web browser, or Device,
12.2.3. any loss or corruption or damage of software or data, whatever the cause and origin, if this loss or corruption or damage could have been avoided and corrected if the User had put in place a regular backup system on their own corporate infrastructure,
12.2.4. change or design defect in the User’s network environment or local communication links used in conjunction with the Website,
12.2.5. introduction of a computer virus affecting the correct operation of the Website,
12.2.6. the intrusion of a third party into the computer system affecting the correct operation of the Website,
12.2.7. a change in the host or hosting system of the Website’s data centers,
12.2.8. a network failure making the Website inaccessible,
12.2.9. an incident concerning the User’s technical infrastructure.
12.3. In any case, in the context of this Agreement, the Company’s total financial liability for all events generating the same damage or loss shall be strictly limited to and governed by the provisions of the "Limitation of Liability" section above, whereby all related claims would be considered as one single event.
13Term and Termination
13.1. The Company may restrict, suspend, or completely cancel your access to the Website and its feedback infrastructure if you request it, if you violate this Agreement, the law, or the rights of third parties.
13.2. Term of the Agreement. This Agreement becomes effective when the User first accesses, browses, or interacts with the Website and is valid until the User leaves the Website or until this Agreement is updated or terminated by the Company.
13.3. Informational Nature of Content. For the avoidance of doubt, the Website functions strictly as a B2B presentation platform. This Agreement does not govern the Service Period, cancellation policies, product updates, or commercial terms of the Software Development Kit (SDK) licensing. Any technical deployment and commercial availability of the SDK are governed strictly by separate bilateral contracts privately concluded between the Company and the Partner-developer.
13.4. Termination. If the User violates the terms of this Agreement, the Company may terminate this Agreement unilaterally and terminate the provision of Website access and its technical feedback functionality without notice or liability
13.5. Surviving Provisions. The sections and subsections titled “General Information”, “Definitions”, “Fees and Payment”, “Use of Company’s Services”, “Confidentiality”, “Responsibility”, “Representations and Disclaimers”, “Limitation of Liability”, “Term and Termination”, “Disputes and Disagreements Resolution” and “Other Provisions” will survive in case of any termination or expiration of this Agreement, and the parties’ obligations under section titled “Confidentiality” will survive in case of any termination or expiration of this Agreement for so long as parties retain possession of any corporate communication or data of the other party.
14Disputes and Disagreements Resolution
14.1. All disputes or disagreements between the parties regarding the execution of the Agreement shall be resolved through negotiations.
14.2. If the Parties do not reach an agreement within 30 (thirty) days, the dispute may be referred to the Estonian Chamber of Commerce and Industry. The number of arbitrators shall be one. The seat shall be Tallinn, Estonia. The language to be used shall be English.
14.3. The rights and remedies provided for in this Agreement, any claims and disputes related to it and/or NextGen Connectivity OÜ, its interpretation or violation, termination or validity, relations arising out of or pursuant to the Agreement or related transactions or purchases, are regulated, interpreted, and performed in accordance with the laws of Estonia.
15Other Provisions
15.1. Check out our other provisions to ensure you do not overlook anything. Should you have any questions, we encourage you to contact our support team, as we would be pleased to assist you.
15.2. Entire Agreement and Order of Precedence. This Agreement is the entire agreement between the Company and the User regarding the User’s use of the Website and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. For the avoidance of doubt, if the User subsequently enters into a private bilateral Partner Agreement with the Company regarding the SDK licensing, such a Partner Agreement shall take absolute precedence over these Terms of Use in respect of its specific software subject matter.
Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
15.3. The Agreement may be amended or supplemented by the Company at any time without notifying the User. The new version of the Agreement comes into force from the moment it becomes available on the Website.
15.4. If the User continues to use the Website after such amendments and/or supplements to the Agreement, the User automatically accepts them and agrees with such amendments and/or supplements.
15.5. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.
15.6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
15.7. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, the Company may assign this Agreement in its entirety, without the User’s consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if the User’s business structure or independent applications undergo a change of control in favour of a direct competitor of the Company, then the Company may immediately terminate this Agreement and block the User's access to the Website and its communication forms upon written notice. Subject to the foregoing, this Agreement will bind and insure to the benefit of the parties, their respective successors and permitted assigns.
15.8. This Agreement is made in English and it is governed, construed, and interpreted in accordance with the laws of Estonia.
15.9. If you have any questions about our Website or your interaction with this Website, please contact us. We look forward to a successful cooperation!
15.10. Our details:
NextGen Connectivity OÜ
E-mail: [EMAIL — pending domain]
Registered address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7, 10117