NEXFAN

Software licence agreement & terms of sale

NEXFAN Software

Version — · last updated —

01Introduction

This Software Licence Agreement and Terms of Sale ("Agreement") governs the purchase, download, installation and use of NEXFAN software ("Software").

This Agreement is between:

—, — operating from — ("we", "us", "our")

and

the individual or legal entity purchasing or using the Software ("you", "your", "Customer").

By purchasing, downloading, installing or using the Software, you agree to be bound by this Agreement. If you do not agree to these terms, you must not purchase, install or use the Software.

  1. Introduction
  2. Definitions
  3. The Software you are purchasing
  4. Ownership and intellectual property
  5. Licence grant
  6. Licence limits
  7. Licence restrictions
  8. Demo before purchase
  9. Orders and payment
  10. Digital delivery and activation
  11. Refund policy
  12. Consumer cancellation rights
  13. Updates and licence duration
  14. Your server and infrastructure
  15. Your business, content and users
  16. Data protection and what the Software sends us
  17. Third-party services
  18. Support
  19. Modifications and custom changes
  20. Warranty disclaimer
  21. Limitation of liability
  22. Security
  23. Suspension and termination
  24. Chargebacks and payment disputes
  25. Changes to the Software
  26. Changes to these terms
  27. Assignment
  28. Force majeure
  29. Severability
  30. Entire agreement
  31. No waiver
  32. Governing law and jurisdiction
  33. Dispute resolution
  34. Contact information
  35. Acceptance

02Definitions

For the purposes of this Agreement:

03The Software you are purchasing

NEXFAN is licensed software designed to be installed and operated on infrastructure controlled by you.

Your purchase provides you with:

You are not purchasing:

The Software remains your responsibility to operate and maintain after delivery.

04Ownership and intellectual property

The Software and all associated intellectual property rights remain exclusively owned by us. This includes, without limitation: source code; object code; software architecture; databases; documentation; trademarks; designs; interfaces; graphics; and improvements and modifications.

Your purchase does not transfer ownership of the Software to you. You receive only the limited licence rights expressly granted under this Agreement. Any rights not expressly granted remain reserved by us.

05Licence grant

Subject to your payment of the applicable licence fee and compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable licence to:

You may use the Software to operate a commercial business and retain revenue generated through your own installation. We do not take any percentage, commission or ownership interest in revenue generated through your use of the Software.

06Licence limits

One licence covers one Production Installation. You may additionally run non-public copies of that installation for testing, staging or backup purposes, provided they are not used to serve real users or take real payments.

Your licence tier sets the maximum number of Creator Accounts your installation may run. The tier you purchased, and the Creator Account limit that comes with it, are stated on the pricing page at the time of purchase and in your licence record.

Creator Account limits are upgradeable. If you outgrow your tier — for example you buy a single-creator licence and later need more — you may purchase an upgrade to raise the limit on your existing licence. You do not need to buy a second licence or reinstall to do this.

You must not exceed the limits associated with your purchased licence. If you need more than one Production Installation, each requires its own licence.

07Licence restrictions

You must not:

A breach of these restrictions may result in immediate termination of your licence without refund.

08Demo before purchase

Where a demonstration version of NEXFAN is made available, it is provided so that potential customers can evaluate the Software before purchasing. You are encouraged to:

We answer pre-purchase questions through the contact channels listed on the NEXFAN website, and you are encouraged to use them before buying.

By purchasing the Software, you acknowledge that you have had the opportunity to evaluate the product and to ask questions before payment, and that your purchase decision is based on your own evaluation of the Software and its suitability for your needs.

09Orders and payment

All purchases must be paid in full before a Licence Key is issued. Prices displayed at checkout are the prices applicable at the time of purchase.

You are responsible for ensuring that your payment information is accurate, that you have authority to make the purchase, and that the information provided during checkout is correct.

We reserve the right to refuse or cancel orders where there is reasonable suspicion of fraud, unauthorised payment, abuse of licensing systems, or violation of this Agreement.

10Digital delivery and licence activation

The Software licence is delivered electronically. After successful payment, your Licence Key and required access information will be provided to the email address supplied during checkout.

You acknowledge that:

You are responsible for ensuring that the email address provided during purchase is accurate and accessible. We are not responsible for delays caused by incorrect customer information, email filtering systems, or third-party email providers.

11Refund policy

All sales are final. We do not provide refunds.

NEXFAN is a digital product delivered immediately on payment. Once a Licence Key has been issued, the purchase is complete and non-refundable, in whole or in part.

This applies in every case, including but not limited to where:

  • you change your mind after purchase;
  • you no longer require the Software;
  • you purchased the wrong licence tier;
  • you do not install or use the Software;
  • your business plans change;
  • you experience difficulties operating your own server;
  • you choose not to launch your project;
  • you decide the Software is not what you expected.

You are expected to evaluate the Software and ask any questions before paying, as described in section 08. We would far rather answer ten questions before a sale than have one afterwards.

Nothing in this Agreement excludes, restricts or limits any consumer rights that cannot legally be excluded under applicable law.

12Consumer cancellation rights and digital content

Consumers in some countries, including the EU and UK, normally have a period of around 14 days to cancel an online purchase. That right does not apply to digital content once delivery has begun with the buyer's express agreement.

By completing your purchase, you confirm that:

  • you expressly request immediate delivery of the Software licence;
  • you give your express consent for that delivery to begin immediately, before any cancellation period would otherwise expire;
  • you acknowledge that you thereby lose any right to cancel or withdraw from the purchase once the Licence Key has been issued.

You confirm this by ticking the confirmation box at checkout before payment. We record the version of these terms you accepted and the time you accepted it.

Nothing in this Agreement affects mandatory rights provided to consumers under applicable law.

13Updates and licence duration

Your purchase includes 12 months of Software updates. During this period you may receive new versions, security improvements, bug fixes, compatibility updates and feature improvements.

After the included update period ends:

Renewal pricing and terms may change over time. Failure to renew does not disable your existing installation unless your licence has been terminated due to breach of this Agreement.

14Your server and infrastructure responsibilities

NEXFAN is self-hosted software. You are responsible for providing and maintaining: server infrastructure; hosting services; domain names; SSL certificates; databases; backups; server security; operating system updates; firewall configuration; payment processor accounts; and third-party services.

We do not manage your server environment and are not responsible for server downtime, hosting failures, configuration mistakes, security incidents caused by your infrastructure, or data loss caused by insufficient backups.

You should maintain regular backups of your installation and data.

15Your business, content and users

You are solely responsible for your business operations and everything created, uploaded, displayed or processed through your NEXFAN installation. This includes responsibility for your website content, your users, your customers, your creators, payment activities, taxation obligations and regulatory compliance.

You are responsible for ensuring your use of NEXFAN complies with all applicable laws and regulations, including where relevant: consumer protection laws; privacy and data protection laws; age verification requirements; financial regulations; advertising requirements; and payment processor rules.

We do not review, monitor or approve your content or business activities.

16Data protection, and what the Software sends us

Because NEXFAN is self-hosted, you control the data processed through your installation. Your members' data, your content and your business records live in your database, on your server. We have no access to them, and no ability to log in to your installation.

You are responsible for determining your legal obligations regarding personal data processed through your installation, including providing appropriate privacy notices, obtaining required user permissions, securing personal information, responding to data requests, and maintaining compliance with applicable privacy laws.

16.1 What your installation sends to us

Two features of the Software contact our servers. We would rather state this plainly than let you discover it in a firewall log.

Automatic error reports. When a server error occurs on your installation, a scrubbed report is sent to us so we can see what is breaking across installs. Each report contains:

Before sending, the message and stack trace are scrubbed of email addresses, IP addresses, tokens, database identifiers, file paths and query strings. Your end users are not identifiable in these reports. Our server additionally records the originating IP address of the request, which is used for rate limiting.

You can switch this off entirely by setting ERROR_REPORTING_ENABLED=false in your installation's environment configuration. It is on by default in production and off in development. Turning it off has no effect on your licence or on any other feature.

Update checks. When checking for available updates, your installation requests the current version number from our servers. This tells us that an install checked in and from which IP address; it carries no information about your content, your users or your business.

We use this information only to maintain and improve the Software. Except as described in this section, nothing in this Agreement creates a data processing relationship between you and us unless separately agreed in writing.

17Third-party services

The Software may interact with third-party services, including but not limited to payment processors, hosting providers, email providers, APIs, plugins and external platforms.

Third-party services are independent providers and are not controlled by us. We are not responsible for third-party outages, service changes, pricing changes, account restrictions, policy changes, API changes, or termination of third-party services.

You are responsible for maintaining your own third-party accounts and agreements.

18Support

Reasonable support is included during your active update period. Support may include assistance with installation, basic configuration, identifying software-related issues, and applying updates.

Support does not include server administration, hosting management, custom development, creating custom features, modifying third-party services, repairing problems caused by unauthorised changes, or managing your business operations.

We aim to respond within a reasonable timeframe but do not guarantee specific response times unless separately agreed.

19Modifications and custom changes

You may customise your installation for your own use. However, modifications may affect compatibility, update availability, support assistance and software functionality.

We are not responsible for problems caused by modifications made by you or third parties. If you request custom development work, such work will require a separate agreement.

20Software warranty disclaimer

The Software is provided on an "as available" and "as is" basis. To the maximum extent permitted by law, we do not guarantee that the Software will operate without interruption, be completely free from errors, meet every individual business requirement, remain compatible with all future third-party services, generate revenue or profit, or remain unchanged over time.

Software development involves complexity, and occasional bugs or compatibility issues may occur. We will make reasonable efforts to maintain and improve the Software but cannot guarantee uninterrupted operation.

21Limitation of liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to: your use of the Software; inability to use the Software; loss of revenue; loss of profits; loss of customers; loss of data; business interruption; reputational damage; third-party claims; or failure of third-party services.

This limitation applies regardless of the legal basis of the claim, including contract, negligence, tort, statutory duty or any other legal theory.

To the maximum extent permitted by law, our total aggregate liability arising from or relating to this Agreement or the Software shall not exceed the amount actually paid by you for the applicable Software licence giving rise to the claim.

Nothing in this Agreement limits or excludes liability that cannot legally be limited or excluded under applicable law.

22Security

We take reasonable measures to maintain the security and integrity of the Software. However, because NEXFAN is self-hosted, you are responsible for securing your own installation and infrastructure — keeping your server software updated, protecting administrator accounts, maintaining secure passwords, restricting unauthorised access, monitoring your environment and maintaining backups.

You should immediately notify us if you become aware of unauthorised access attempts, misuse of your licence, or security vulnerabilities affecting the Software.

We are not responsible for security incidents caused by your hosting environment, your configuration, your users, your modifications, or third-party services.

23Licence suspension and termination

Your licence remains valid indefinitely unless terminated in accordance with this Agreement. We may suspend or terminate your licence if you materially breach this Agreement, use the Software unlawfully, distribute or misuse the Software, attempt to bypass licensing restrictions, if your payment is reversed through fraud or chargeback, if you provide false purchase information, or if continued use creates legal or security risks.

Where termination occurs because of your breach: your licence rights immediately end; you must stop using the Software; you must remove unauthorised copies; and you are not entitled to a refund.

You may terminate your use of the Software at any time by removing it from your systems. Stopping use of the Software does not create any right to a refund.

24Chargebacks and payment disputes

If you believe there is an issue with your purchase, you agree to contact us first and provide a reasonable opportunity to resolve the issue before initiating a chargeback or payment dispute.

Fraudulent chargebacks or payment reversals may result in immediate licence termination, disabling of licence access, and legal recovery of unpaid amounts where appropriate.

Nothing in this section prevents you from exercising any legal rights available to you.

25Changes to the Software

We may modify, improve, update or discontinue features of the Software over time, including security improvements, performance improvements, bug fixes, feature changes and compatibility updates.

We are not obligated to maintain every feature indefinitely. Where possible, we will provide reasonable notice of significant changes affecting existing customers.

26Changes to these terms

We may update these Terms from time to time. The version applicable to your purchase is the version accepted by you at the time of purchase, which we record against your order.

Changes will not retroactively alter existing purchases unless required by law, necessary for security reasons, or required to address abuse or misuse. For future purchases, the latest published version will apply.

27Assignment

You may not transfer, assign or sell your licence rights without our prior written permission. We may transfer our rights and obligations under this Agreement as part of a business sale, restructuring, transfer of assets or legal succession. Any unauthorised transfer of your licence may result in termination.

28Force majeure

We are not responsible for delays, interruptions or failures caused by circumstances outside our reasonable control. Such circumstances may include internet failures, hosting failures, natural disasters, government actions, war, terrorism, labour disputes, cyberattacks, failures of third-party infrastructure, or changes to external platforms or services. Our obligations will be suspended for the duration of the affected event.

29Severability

If any provision of this Agreement is found to be invalid, unlawful or unenforceable, that provision shall be modified or removed only to the minimum extent necessary. The remaining provisions will continue to remain fully valid and enforceable.

30Entire agreement

This Agreement constitutes the complete agreement between you and us regarding the Software. It replaces all previous discussions, communications, representations or agreements relating to the Software unless expressly agreed otherwise in writing.

31No waiver

If we fail to enforce any provision of this Agreement, that does not mean we waive our right to enforce that provision later. Any waiver must be provided in writing.

32Governing law and jurisdiction

This Agreement shall be governed by and interpreted according to the laws of —, without regard to conflict of law principles.

Any disputes arising from this Agreement shall be subject to the jurisdiction of the competent courts of —.

Nothing in this section affects mandatory consumer protection rights that provide you with additional legal protections in your country of residence.

33Dispute resolution

If you have a concern regarding the Software or this Agreement, please contact us first so we can attempt to resolve the matter informally. We believe most issues can be resolved through communication and reasonable cooperation. This does not prevent either party from pursuing legal remedies where necessary.

34Contact information

Legal entity: —

Legal form: —

Address: —

Email:

For support enquiries, please use the contact channels provided on the official NEXFAN website.

35Acceptance

By purchasing NEXFAN, you confirm that:

Your acceptance of these Terms forms a legally binding agreement between you and —.

End of Software Licence Agreement & Terms of Sale

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