Terms of Use

NEXX LLC (Wyoming, USA)

Last updated: [insert date]

1. General Provisions

1.1 Service provider. The NexxPhotoStock service (the “Service”) is owned and operated by NEXX LLC, a company organized in the State of Wyoming, USA. Contact: support@nexxphotostock.com

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1.2 Legal nature. These Terms of Use together with the License Agreement (collectively, the “Terms”) govern access to the Service and use of content, credits, subscriptions and licenses. By using the Service, you accept the Terms in full.

1.3 Controlling language. In case of discrepancies between language versions, the English version controls.

1.4 Definitions.

 1.4.1. “Content” — digital assets: images, video, music, sound effects and other media available in the Service.

 1.4.2. “Account” — your user account in the Service.

 1.4.3. “Credits” — the Service’s internal unit of account, not money and having no cash value.

 1.4.4. “Credit Balance” — the total credits in an Account, including: (i) subscription credits, (ii) rollover credits, (iii) one-off pack credits.

 1.4.5. “Subscription” — a recurring plan under which credits are granted monthly (with monthly or annual billing).

 1.4.6. “Credit pack (one-off)” — a one-time purchase of a fixed amount of credits.

 1.4.7. “Standard License” and “Extended Licenses” — categories of rights to use a specific Content item as set out in sections 8–11.

 1.4.8. “Download” — obtaining a copy of a specific Content item.

 1.4.9. “Client project” — usage of Content within a project for one end client.

 1.4.10. “Project team” — a limited group (your employees and contractors) granted access to the Content solely to execute the project.

2. Eligibility to Use the Service

2.1 Age. The Service is intended for users aged 18+.

2.2 Territory. Use is permitted worldwide, except where prohibited by sanctions and export-control regimes (see section 18).

2.3 Prohibitions. You must not use the Service in violation of applicable law, sanctions, third-party rights, or these Terms.

3. Account & Security

3.1 Registration. You must provide accurate and current information.

3.2 Access model. “1 user = 1 seat.” Corporate/multi-seat accounts are not offered at this time.

3.3 Confidentiality. You are responsible for safeguarding credentials and all activity in your Account.

3.4 Suspension. NEXX LLC may suspend access for breaches, fraud, chargebacks or abuse.

4. Credits & Credit Balance

4.1 Nature of credits. Credits are an internal accounting unit; they are not currency, are non-redeemable and non-refundable.

4.2 Balance composition. The Credit Balance consists of: (i) subscription, (ii) rollover, and (iii) one-off credits.

4.3 Priority & combined debiting. For each purchase, credits are debited in strict order with possible combination:

 (1) rollover → (2) subscription → (3) one-off.

If the current “bucket” is insufficient, the shortfall is automatically taken from the next bucket. A single purchase can be partially debited from multiple categories in that sequence.

4.4 Non-transferability. Transfers/sales/gifts of credits between accounts are prohibited.

4.5 Account deletion. Unused credits are forfeited upon account deletion.

5. Subscription & Rollover

5.1 Grant. Subscription credits are granted monthly, regardless of monthly or annual billing period.

5.2 Rollover. Unused subscription credits roll over to the next month only while the Subscription remains active.

5.3 Cancellation. On cancellation, subscription and rollover credits expire at the end of the current paid term.

5.4 Re-subscribe. If you re-subscribe within an active period after cancelling, subscription and rollover credits are preserved.

5.5 Failed payment. On payment failure, NEXX LLC may freeze subscription and rollover credits until resolved. Licenses already issued and completed downloads remain valid.

6. Credit Packs (one-off)

6.1 One-time purchase. One-off credits are purchased once and are independent from Subscription status.

6.2 Validity. One-off credits do not expire until used or the account is deleted (see 4.5).

6.3 No refunds. One-off credits are non-refundable and non-redeemable.

7. Prices, Taxes & Payments

7.1 Processors. Payments are processed via Shopify and/or Stripe/PayPal.

7.2 Taxes. Prices are shown exclusive of tax (per U.S. practice). Applicable taxes/VAT may be calculated/added by the processors based on your jurisdiction.

7.3 No refunds. Once digital content/credits/licenses are purchased, refunds are not provided. For EU consumers, the 14-day withdrawal right is waived upon purchase (see 12.1).

7.4 Price changes. NEXX LLC may change prices and offerings prospectively without notice; changes do not affect prior purchases and issued licenses.

8. Licensing — General

8.1 Nature of right. You purchase a license to use Content, not ownership.

8.2 Per-file. A license attaches to a specific Content item (1 file = 1 license).

8.3 No transfer/sublicense, except as expressly permitted (see 11.2–11.3).

8.4 Term & territory. Unless stated otherwise, licenses are perpetual and worldwide (subject to sanctions/export controls).

8.5 Rights granted (subject to restrictions):

Perpetual. No time limit.

Non-exclusive. NEXX may license the same item to others.

Worldwide. Use in any country.

Media-agnostic. Any media/formats within one project and one end client (see 11.1).

“Use”. Copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, and otherwise exploit within the granted scope.

Examples. Websites; blogs; social media; advertising; marketing campaigns; corporate presentations; newspapers; magazines; books; film/TV (with AV-Extended); web/mobile apps; product packaging (with Print-Extended).

9. Standard License

9.1 Permitted uses.

 9.1.1. Online: websites, organic social posts, banners, presentations, internal corporate materials.

 9.1.2. Print: flyers, posters, magazines, etc. — total print run per layout up to 500,000 copies.

 9.1.3. Video/online placements: total audience/views up to 10,000,000; excludes paid digital advertising and DOOH.

9.2 Extended required.

 9.2.1. Printed OOH, packaging, or print runs over 500,000 — → Print-Extended.

 9.2.2. Any merchandise/products for resale, POD, electronic templates for resale — → Merchandising-Extended.

 9.2.3. Paid digital advertising (Meta/Google/TikTok/programmatic/DOOH, boosted posts, influencer whitelisting) — → Digital-Extended.

 9.2.4. TV/OTT/cinema/broadcast/in-store TV — → AV-Extended.

9.3 Prohibited uses. (across all licenses unless expressly allowed):

 9.3.1. Resale/redistribution of the source file; uploading to other stock libraries/databases/generators.

 9.3.2. Machine learning/AI training, dataset creation, embeddings/weights/LoRA; generating substitutes for the original.

 9.3.3. Unlawful/infringing use: defamation, hate/discrimination, pornography, deepfakes, biometric identification, etc.

 9.3.4. Trademarks/logos/brand or person endorsement.

9.4 Editorial Use Only. Content marked “Editorial Use Only” is restricted to editorial contexts; commercial/promotional/advertising/lottery/gambling uses are prohibited.

9.5 Music/SFX note. Synchronization in videos/podcasts/games is permitted; public performance/PRO/CMO compliance is your responsibility.

10. Extended Licenses by Distribution Type

10.1 Print-Extended — “Unlimited print”.

 (a) Grants: removal of the 500k print cap; packaging (1 product line); printed OOH.

 (b) When: print >500k or any packaging or printed OOH.

 (c) Limits: no resale of source or resale templates.

 (d) Term: perpetual for printed runs.

 (e) Price: 18 credits/file.

10.2 Merchandising-Extended — “For resale”.

 (a) Grants: physical merch, POD, electronic templates for resale.

 (b) When: any product for sale or electronic template for clients.

 (c) Limits: protect source; no competing libraries/clip-art.

 (d) Term: perpetual for sold units/released templates.

 (e) Price: 18 credits/file.

10.3 Digital-Extended — “Paid digital advertising”.

 (a) Grants: paid online placements, boosted posts, DOOH, influencer whitelisting.

 (b) When: any paid media or DOOH.

 (c) Limits: TV/OTT/cinema not covered — use AV-Extended.

 (d) Term: perpetual.

 (e) Price: 18 credits/file.

10.4 AV-Extended — “TV/OTT/cinema/broadcast”.

 (a) Grants: TV ads/sponsorships, cinema, OTT/SVOD/AVOD, in-store TV, in-app video; PR stills permitted.

 (b) When: any broadcast outside organic internet.

 (c) Limits: merch/templates not covered — use Merchandising-Extended.

 (d) Term: perpetual (time-boxed packages may be offered).

 (e) Price: 18 credits/file.

10.5 Multi-Seat License.

 (a) Grants: source-file access for N users in one legal entity (project-level).

 (b) When: more than one employee needs the source or internal server storage.

 (c) Term: perpetual.

 (d) Price: per price list.

 (e) Note: governs rights to the file, not Service logins.

11. Client Projects, Transfer & Contractors

11.1 One project — one client. Content is used within one project and one named end client.

11.2 Employer/client. If purchased on behalf of an employer or client, that employer/client may use the materials. You represent you have authority; without it, they may not use the materials.

11.3 Subcontractors/distributors. Allowed solely for production/distribution of the final project; any other use is prohibited.

11.4 Project team. Source access is limited to a small team; mass sharing/depot libraries are prohibited.

11.5 Templates. Allowed only with Merchandising-Extended and with source protection (flatten/outline/obfuscation).

11.6 Attribution. Not required commercially; for editorial assets — “© NexxPhotoStock / NEXX LLC” (if specified at purchase).

12. Downloads, Previews & Refunds

12.1 EU 14-day withdrawal waiver. By purchasing, you agree to immediate performance and waive the 14-day right of withdrawal under Article 16(m) of Directive 2011/83/EU. A checkbox/confirmation may be requested prior to download.

12.2 Re-download. Repeat downloads are available from your Account; anti-fraud limits on frequency/volume may apply.

12.3 Rights preserved. Removal/hiding of Content from the catalog does not affect licenses already issued.

12.4 No refunds. Refunds for digital content/credits/licenses are not provided. Exceptions (duplicate payment, clear technical error) are at NEXX LLC’s discretion.

12.5 Watermarked previews. Free preview use is allowed only for mockups/internal approvals; not for final/public materials. Preview use period: 30 days from download.

13. Music & Sound Effects — Terms & Special Conditions

13.1 Terms.

 “Music” — sound recordings and musical works, including lyrics, contained in an audio file.

 “Work/Program” — the project in which Music is synchronized.

 “Broadcast/Transmit/Broadcaster” — perform, stream, display or distribute the Work, or permit others to do so.

 “Copy” — duplicate the Work solely for the purpose of Broadcasting the Work.

 “Synchronize” — combine/edit Music to timing solely within permitted use in the Work.

 “Edit” — use a portion of the Music, including editing, looping, enhancing or altering the original.

13.2 Permissions. You may edit Music provided you do not alter its fundamental character and do not acquire ownership in the master/composition.

13.3 Monetization & PRO/CMO. You may monetize the Work; do not claim rights in the original track/register it as your release/claim Content ID on the original. Public performance/PRO/CMO is your responsibility.

14. Intellectual Property & Attribution

14.1 Ownership. NEXX LLC (NexxPhotoStock) owns all materials. All rights not expressly granted are reserved.

14.2 Warranties. The Service and Content are provided “as is” without warranties of fitness, continuity or suitability for a particular purpose.

14.3 Attribution. Commercial — not required; Editorial — “© NexxPhotoStock / NEXX LLC” (where specified). For video where possible — by a credit; for music — where customary, list “NexxPhotoStock”.

15. Limitation of Liability

15.1 No indirect damages. NEXX LLC is not liable for lost profits or indirect, special, punitive damages.

15.2 Cap. NEXX LLC’s aggregate liability is limited to amounts you paid for the Service and licenses in the 12 months preceding the event.

15.3 Force majeure. NEXX LLC is not liable for delays/failures caused by force majeure (see 18).

16. Termination, Suspension & Account Deletion — Details

16.1 Voluntary deletion. You may delete your Account via available interfaces/support. Unused credits are forfeited (see 4.5). Prior licenses remain valid per their terms.

16.2 NEXX-initiated suspension/closure. We may temporarily suspend or close access for: (i) material breaches; (ii) suspected fraud/bots/scraping/hacking; (iii) chargebacks; (iv) sanctions/export violations; (v) lawful requests by authorities.

16.3 Notice & cure. Where feasible, we provide notice and a reasonable cure period, except in cases of clear abuse/security risks/legal constraints.

16.4 Effects of suspension. Access to downloads/purchases may be blocked; previously issued licenses are not revoked unless related to fraud/chargeback.

16.5 Chargebacks/disputes. We may temporarily block affected licenses/downloads; if reversed, access may be canceled and the Account closed.

16.6 Data retention. Minimal technical/accounting records may be retained as required by law.

16.7 Appeal. You may appeal by emailing support@nexxphotostock.com

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16.8 Reactivation. At our discretion, reactivation may be possible upon remedy.

16.9 Death/succession. Access rights are not inheritable/transferable; handled case-by-case.

17. Governing Law, Disputes & Resolution — Details

17.1 Law. Wyoming (USA) law governs, without conflict rules.

17.2 Pre-litigation. Written claim to support@nexxphotostock.com, response within 30 days.

17.3 Forum/jurisdiction. Courts of Laramie County, Wyoming, unless mandatory consumer rules provide otherwise.

17.4 Small claims. Permitted where applicable.

17.5 Equitable relief. NEXX LLC may seek injunctive relief.

17.6 Class-action waiver. Where permitted by law, parties waive class/collective actions.

17.7 Severability. Invalidity of a provision does not affect the remainder.

17.8 Assignment. You may not assign without NEXX’s consent.

18. Sanctions & Export Control

18.1 Compliance. You and beneficial owners are not on sanctions lists and not in prohibited jurisdictions.

18.2 Blocking. We may block access, payments and licensing to comply with sanctions/export controls.

19. Changes to the Service & Terms

19.1 Updates. NEXX LLC may update the Service, catalog, prices and these Terms prospectively without notice.

19.2 Transitional rules. Updates apply prospectively and do not worsen terms of already granted licenses. Continued use after posting constitutes acceptance.

20. Communications & Contact

20.1 Notices. Notices may be sent by e-mail and via Account interfaces; such notices are deemed delivered.

20.2 Contact. For inquiries — support@nexxphotostock.com

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