Terms of Use
I. Platform Terms & User Responsibilities
Acceptance of Terms
By accessing or using the services provided by NexCapital, you agree to be bound by these Terms of Use. These terms apply to all users, including visitors, registered users, and any other individuals or entities that interact with our platform. We reserve the right to modify these terms at any time without prior notice. It is your responsibility to review the terms periodically to stay informed of any updates. Continued use of our services after any changes constitutes your acceptance of the revised terms.
User Responsibilities
As a user of NexCapital, you are expected to use our services responsibly and in compliance with all applicable laws and regulations. You agree not to engage in any activities that could harm our platform, other users, or any third parties. This includes, but is not limited to, unauthorized access, interference with the functionality of our services, and the transmission of malicious software. You are also responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Account Security
You are solely responsible for maintaining the security of your account credentials
You must not share your account with any third parties
You must notify us immediately of any unauthorized access to your account
Prohibited Activities
Sharing, reselling, or distributing our AI signals or data commercially
Attempting to reverse-engineer our algorithms or proprietary technology
Using our platform for any illegal or fraudulent activities
Creating multiple accounts to circumvent usage limitations
II. Service Nature & Disclaimers
Technology Platform
NexCapital is a technology and data platform, NOT a financial advisory service.
Service Description
We provide artificial intelligence-powered market analysis tools
Our platform delivers data-driven insights and suggested market movements
We offer alternative data processing and correlation analysis
Our AI generates informational signals based on technical and alternative data
Important Disclaimers
⚠️ NOT FINANCIAL ADVICE:
All content, signals, and insights provided are for informational purposes only
We do NOT provide investment advice, financial planning, or portfolio management services
We are NOT registered as investment advisors with any financial regulatory authority
Our suggestions are data-driven analysis, not professional financial recommendations
⚠️ NO PERFORMANCE GUARANTEES:
We make NO guarantees regarding the accuracy, completeness, or profitability of our signals
Past performance of our AI models does NOT guarantee future results
Market conditions are unpredictable and our technology cannot eliminate investment risk
You may lose money following our data insights, including your entire investment
Regulatory Compliance
NexCapital operates as a technology platform, not a financial services company
We are NOT subject to investment advisor registration requirements
Our services are informational tools, not regulated financial advice
You are responsible for compliance with your local financial regulations
You must determine the suitability of our services for your jurisdiction
Professional financial advice should be sought for investment decisions
III. Intellectual Property & Usage Rights
Intellectual Property Rights
All content, features, and functionalities available on the NexCapital platform, including but not limited to text, graphics, logos, and software, are the exclusive property of NexCapital and are protected by intellectual property laws. You are granted a limited, non-exclusive license to access and use our services for personal or internal business purposes. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action.
Our Proprietary Technology
All AI algorithms, models, and signal generation systems are our exclusive intellectual property
Market data analysis, correlation models, and predictive frameworks are proprietary
Users may NOT reproduce, distribute, or commercialize our technology or outputs
Reverse engineering or attempting to replicate our systems is strictly forbidden
User License
Personal use of our platform and signals for your own trading activities
NO commercial redistribution, resale, or sharing of our signals or data
NO use of our technology for competing services or products
API Usage and Rate Limiting
For users with API access:
API calls are limited based on your subscription tier
Rate limiting is enforced to ensure platform stability
Excessive usage may result in temporary or permanent API access suspension
Commercial redistribution of API data or signals is prohibited
High-frequency automated trading that may impact our systems is forbidden
Attempting to overwhelm our servers with excessive requests is prohibited
Data Usage and Privacy
User trading data and platform interactions are governed by our Privacy Policy
We may use aggregated, anonymized data to improve our AI models
Individual user data is never shared or sold to third parties
We aggregate and process market data from various sources
Users receive processed insights, not raw market data feeds
Commercial redistribution of our processed data is prohibited
IV. Liability & Risk Limitations
Limitation of Liability
MAXIMUM LIABILITY PROTECTION: NexCapital is committed to providing reliable and secure services, but we cannot guarantee that our platform will always be available or free from technical issues. Our services are provided "as is" without any express or implied warranties. We disclaim all warranties, including but not limited to reliability and security of our services. We shall not be liable for any indirect, incidental, or consequential damages arising from your use of our platform or any interruptions in service. Your sole remedy for dissatisfaction with our services is to discontinue use of the platform.
Trading and Investment Risks
ALL TRADING AND INVESTMENT ACTIVITIES CARRY SUBSTANTIAL RISK OF LOSS
You acknowledge that you may LOSE SOME OR ALL of your invested capital
NexCapital is NOT RESPONSIBLE for any trading losses, missed opportunities, or investment performance
You use our signals and data insights AT YOUR OWN RISK
We strongly recommend consulting with qualified financial professionals before making investment decisions
Technical Limitations
Our platform may experience downtime, technical issues, or data delays
We are not liable for losses resulting from platform unavailability or technical problems
Market data may be delayed or inaccurate due to third-party data provider issues
Maximum Liability Cap
In no event shall NexCapital's total liability exceed the amount you paid for our services in the 12 months preceding the claim.
Platform Availability
We strive for 99.9% uptime but cannot guarantee uninterrupted service
Scheduled maintenance will be announced in advance when possible
Emergency maintenance may occur without prior notice
We make reasonable efforts to ensure data accuracy but cannot guarantee completeness
Market data may be delayed or subject to corrections
Technical analysis and AI outputs are estimates based on available data
V. Subscriptions, Terminations & Legal Terms
Subscription and Payment Terms
Subscription Model:
Auto-renewal: All subscriptions automatically renew unless cancelled
Payment: Processed securely through Stripe payment system
Billing: Monthly or annual billing cycles as selected during signup
Cancellation and Refunds:
NO REFUNDS: All payments are final and non-refundable
Cancellation: You may cancel your subscription at any time through your account settings
Access: Upon cancellation, you retain access until your next scheduled billing date
No Pro-rata: No partial refunds for unused portions of billing periods
Payment Failures:
Failed payments may result in immediate service suspension
Account reactivation requires successful payment processing
We reserve the right to terminate accounts with repeated payment failures
Account Termination
Termination by User:
You may terminate your account at any time through platform settings
Termination does not entitle you to refunds of any payments made
Termination by NexCapital: We reserve the right to terminate or suspend accounts for:
Violation of these Terms of Use
Fraudulent or suspicious activity
Breach of payment terms
Misuse of our platform or technology
Effect of Termination:
Immediate cessation of platform access
Deletion of account data (subject to legal retention requirements)
Survival of intellectual property rights and limitation of liability clauses
Governing Law and Dispute Resolution
Jurisdiction: These Terms of Use and any disputes arising out of or related to them shall be governed by the laws of France, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms shall be resolved through binding arbitration in accordance with the rules of the French Arbitration Chamber.
Dispute Resolution Process:
Informal Resolution: First attempt to resolve disputes through direct communication
Mediation: If informal resolution fails, proceed to mediation
Arbitration: Final binding arbitration if mediation is unsuccessful
Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class action lawsuits.
Updates and Modifications
Terms Updates:
We reserve the right to modify these terms at any time
Significant changes will be communicated through email or platform notifications
Continued use after modifications constitutes acceptance of new terms
Service Changes:
We may modify, suspend, or discontinue features at our discretion
New features may be subject to additional terms or subscription requirements
We will provide reasonable notice for significant service changes
Legal Provisions
Severability: If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Entire Agreement: These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and NexCapital regarding the use of our services. They supersede any prior agreements, communications, or understandings between the parties.
Contact Information
For questions about these Terms of Use or our services:
NexCapital
Email: hello@nexcapital.ai
Address: 60 rue François Ier, 75008 Paris, France
For legal notices and formal communications, please use the postal address above.
By using NexCapital's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.