Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Next Wave Ad (“Company,” “we,” “us,” “our”), a brand owned and operated by Future Horizons EOOD, a company registered in Bulgaria and located at Studentski District, 91B Metodi Andonov str., entr. A, ap. 14, Sofia 1797, registered number:  207520297.

We provide and manage the website https://nextwavead.com (the “Site”) along with other related products or services that reference or link to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).

You may contact us by phone at +35924373071, by email at  info@nextwavead.com, or by mail at 46 Alabin street, 4th floor, 1000 Sofia Center, Sofia, Bulgaria.

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Next Wave Ad regarding your access to and use of the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Legal Terms. If you do not agree with all of these legal terms, you are expressly  prohibited from using the services and must discontinue use immediately.

Any supplemental terms and conditions or documents that may be posted on the Services from time to time are as a result of this expressly incorporated by reference. In our sole discretion, we reserve the right to modify or update these Legal Terms from time to time. We will notify you of any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change.

You must review these Legal Terms periodically to stay informed of updates. Your continued use of the Services after posting revised Legal Terms constitutes your acknowledgment and acceptance of the changes.

The Services are intended for use by individuals at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

We recommend printing a copy of these Legal Terms for your records.

ABOUT OUR SERVICES

The services provided by Next Wave Ad (“we,” “us,” “our”) are designed to offer tailored digital marketing solutions. The descriptions of the services on our website and other related platforms are provided for informational purposes only and represent the general scope of what we offer. The actual services provided to you may vary based on your specific needs, business context, and other relevant factors.

At our sole discretion, we reserve the right to modify, replace, or discontinue any of our services without prior notice. These changes may occur due to evolving industry standards, technological advancements, or internal policy updates. While we strive to keep our website content current, the theoretical structure of the services described may not always reflect the most up-to-date practices.

You acknowledge that the services provided may be adjusted or customised to better suit the goals and conditions of your business. Any such adjustments do not constitute a breach of these Legal Terms.

By engaging with our services, you agree to these terms and understand that the specifics of your service may differ from the general descriptions provided on our website or in any other promotional materials.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

Next Wave Ad is the owner or authorised licensee of all intellectual property rights associated with our services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and any other content provided through our services (collectively, the "Content"). We also own or are licensed to use the trademarks, service marks, and logos featured within our services (collectively, the "Marks").

Our Content and Marks are protected by copyright, trademark, and other applicable intellectual property and unfair competition laws in your jurisdiction and around the world.

The Content and Marks are provided through our services "AS IS" for personal, non-commercial use or internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.

Except as expressly provided in this section or elsewhere in our Legal Terms, no part of the services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to use the services, Content, or Marks in a manner other than as set out in this section or elsewhere in our Legal Terms, you must submit a request to: info@nextwavead.com.

Should we grant permission for any use, reproduction, or public display of any part of our services, Content, or Marks, you must acknowledge us as the owners or licensors and ensure that all copyright or proprietary notices are visible on the content.

We reserve all rights not expressly granted to you concerning the services, Content, and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our services will terminate immediately.

USER REPRESENTATIONS

By using the services provided by Next Wave Ad, you represent and warrant that:

1. You have the legal capacity to enter into these Legal Terms and agree to comply with them;
2. You are not a minor in the jurisdiction where you reside;
3. You will not access the services through automated or non-human means, whether through a bot, script, or other methods;
4. You will not use the services for any illegal or unauthorised purpose, and
5. Your use of the services will not violate any applicable laws or regulations.

If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to our services and refuse any current or future use of the services (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the services provided by Next Wave Ad for any purpose other than those for which we make the services available. The services may not be used with commercial projects except those specifically endorsed or approved by us.

As a user of the services, you agree not to:

• Systematically retrieve data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
• Trick, defraud, or mislead us and other users, especially in any attempt to gain access to sensitive information.
• Circumvent, disable, or otherwise interfere with security-related features of the services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the services and/or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the services.
• Use any information obtained from the services to harass, abuse, or harm another person.
• Misuse our support services or submit false reports of abuse or misconduct.
• Use the services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the services.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services.
• Engage in any automated system use, such as scripts to send comments or messages, or use data mining, robots, or similar data gathering and extraction tools.

PRIVACY

Submitting information to Next Wave Ad may include personal details such as gender, age, or other personal data about yourself or others. By using our services or providing personal data or other content to us, you agree to the collection, storage, processing, use, sharing, and onward transfer of your data and any other information you submit, as outlined in the current version of these Terms and our Privacy Policy.

Please note that any personal data or other information collected, stored, or processed by a partner or third party is subject to their respective privacy policies or agreements. Next Wave Ad is not responsible for any partner or third party's privacy practices, security measures, or other processes, except as expressly stated in the current version of these Terms and our Privacy Policy.

We reserve the right to access, read, preserve, and disclose any content, data, or other information (including personal data) as deemed necessary to:

• Comply with applicable laws, regulations, legal processes, or governmental requests;
• Enforce these Terms, including investigating potential violations;
• Detect, prevent, or address security or technical issues;
• Respond to customer support requests; or
• Protect the rights, property, or safety of Next Wave Ad, our services, our customers, and the public.

THIRD-PARTY WEBSITES

The Next Wave Ad website may contain links to services provided by other businesses and organisations operating independently of Next Wave Ad. We do not guarantee the accuracy, reliability, or completeness of the information on these external websites or the content of any files that users may download from them. The links to third-party resources on our website do not imply an endorsement or recommendation by Next Wave Ad.

Users access materials from these third-party sites at their own risk, and Next Wave Ad is not responsible or liable for any issues that may arise. All third-party information is provided "as is" without any warranty, express or implied, regarding its legal effect or completeness.

DISCLAIMER OF WARRANTIES

Next Wave Ad does not provide any implied warranties or representations, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by applicable law. If you are dissatisfied with Next Wave Ad, the services, or anything related to the services, your sole remedy is to discontinue using them. We do not guarantee that the services will result in any particular financial or other customer benefits.

Next Wave Ad does not warrant or represent that your use of the services will not infringe the rights of third parties. We cannot guarantee that the website will function without interruption or errors. Maintenance, updates, or system and network failures may interrupt the operation of the website. We are not liable for any damages caused by such interruptions or errors. Additionally, we are not responsible for any malfunctions, access issues, or suboptimal usage conditions of the services and website due to inadequate equipment, disruptions related to internet service providers, network saturation, or any other cause.

CANCELLATION POLICY AND TERMINATION

Next Wave Ad reserves the right to refuse or cancel services to any person or entity at our sole discretion, including in cases of misuse of Next Wave Ad offers. Next Wave Ad is not responsible for any damages or losses resulting from our refusal or cancellation of services for any reason.

Orders are generally refundable until payment is forwarded to any advertising platform or network, minus a cancellation fee. Once payment has been sent to any advertising network, platform, entity, or third party, no cancellations or changes to an order can be accepted.

We do not dispute legitimate chargebacks. However, if an illegitimate or improper chargeback (e.g., a chargeback requested after Next Wave Ad pays an advertising platform, network, or other entity or third party) is submitted, we reserve the right to take any actions we deem appropriate at our sole discretion. These actions may include cancelling the provision of services.

Next Wave Ad may terminate these terms at any time, with or without notice, for any reason or no reason. Any termination by us shall be effective immediately or as specified in our notice.

We may restrict, suspend, or block any user's access to the services who abuse or misuses them. Misuse includes, among other things, infringing on any intellectual property rights, using any functionality, feature, or capability of the services to generate, support, or transmit any form of spam, engaging in any behaviour or activity that we have asked you not to do, or any other behaviour that we, in our sole discretion, deem contrary to the mission and purpose of Next Wave Ad and the services.

LIMITATION OF LIABILITY

You agree that Next Wave Ad shall not be liable for any damage, loss, claim, injury, or liability arising from your use of the website or the services provided by Next Wave Ad. This includes, but is not limited to, lost profits and special, direct, indirect, incidental, punitive, compensatory, or consequential damages. Next Wave Ad's total liability for any claim arising from or relating to the services or website shall not exceed the amount you paid for the specific service.

WAIVER AND RELEASE

You waive, discharge, and release Next Wave Ad from any claims, losses, demands, or liability of any kind against Next Wave Ad, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third-party providers, whether known or unknown, disclosed or undisclosed, arising from your use of Next Wave Ad's information or services. This waiver includes, but is not limited to, any claims related to the accuracy, completeness, or suitability of the information or services provided.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Next Wave Ad, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third-party providers from and against all claims, losses, expenses, damages, and costs, including legal fees, arising from your use of Next Wave Ad's information or services.

Additionally, you agree to indemnify, defend, and hold harmless Next Wave Ad, its owners, representatives, and employees from and against all claims, losses, expenses, damages, and costs, including legal fees, arising from services provided by any affiliate, partner, supplier, third-party provider, or vendor, including any act, omission, negligence, or error by such parties.

You also agree to defend, indemnify, and hold Next Wave Ad and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers ("Next Wave Ad Affiliates") harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from:

• Your content or your access to or use of the services;
• Any alleged breach of these Terms;
• Any breach, infringement, misappropriation, or violation of any third-party right;
• Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities;
• Any misrepresentation made by you.

You agree to cooperate as reasonably requested by Next Wave Ad to defend any claim. Next Wave Ad reserves the right to assume exclusive defense and control of any matter subject to your indemnification. You will not settle any claim against Next Wave Ad or Next Wave Ad Affiliates without Next Wave Ad's prior written consent.

CHOICE OF LAW AND DISPUTE RESOLUTION

In case of a dispute between you and Next Wave Ad, please get in touch with Next Wave Ad customer service for resolution. Any disagreement or claim arising from your use of the website, the information provided on it, or any other communication from Next Wave Ad, as well as any dispute regarding the services offered by Next Wave Ad, must be settled under the laws of the jurisdiction where Next Wave Ad is registered.

Should a dispute arise, both parties agree to resolve it in the courts located in the jurisdiction of Next Wave Ad. Both parties agree that the court will have the authority to award equitable relief and direct, actual damages, but not punitive damages, consequential damages, lost profits, or special, indirect, incidental, or compensatory damages.

However, the court may award liquidated damages, legal fees, and costs to Next Wave Ad if a user acts fraudulently or willfully. Additionally, if a customer requests a chargeback without sufficient justification, as determined by Next Wave Ad at its sole discretion, or after Next Wave Ad has paid any third party related to the chargeback, the court may grant any remedy provided in these Terms in favour of Next Wave Ad.

Each party will be responsible for their costs and any counsel fees they incur unless stated otherwise in these Terms. The jurisdiction laws where Next Wave Ad is registered govern these Terms and any related disputes. Any dispute between the parties, including those related to these Terms, the Privacy Policy, the Services, or their performance, must be settled in a court within the jurisdiction specified.

You agree that if you file a lawsuit in connection with these Terms outside of the specified jurisdiction, you will indemnify Next Wave Ad and be liable to Next Wave Ad for all expenses, including legal fees, incurred by the company.

GENERAL PROVISIONS

Severability: If any provision of these Terms is deemed illegal, void, or unenforceable by a court of competent jurisdiction, that provision will be modified to make it enforceable while preserving the parties' original intent to the maximum extent permitted by law. If the modified provision is still found invalid, illegal, void, or unenforceable, it will not affect the validity, legality, and enforceability of the remaining provisions of these Terms.

Entire Agreement: These Terms constitute the entire and exclusive agreement between you and Next Wave Ad regarding the Services, replacing all prior agreements and understandings, whether written or oral. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.

No Informal Waivers, Agreements, or Representations: Failure by either party to act regarding a breach of these Terms does not waive the right to act regarding that breach or subsequent breaches. Except as expressly provided in these Terms, no representations, statements, consents, waivers, or other acts or omissions by either party or its affiliates will be legally binding unless documented in writing, expressly referring to these Terms, and stating the intent to modify or supplement them.

Assignment and Delegation: You may not assign or delegate any rights or obligations under these Terms without prior written permission from Next Wave Ad. Any attempted assignment or delegation by you without such consent will be ineffective. Next Wave Ad may freely assign or delegate some or all of its rights and obligations under these Terms and the Privacy Policy, effective upon notice sent to you at the email address we have on file, or if we have no email address for you, by posting a notice of assignment on the Website.

CONTACT US

If you have any questions or concerns about these Terms and Conditions, please reach out to us through the following contact methods:

• Email:  info@nextwavead.com
• Phone: +35924373071
• Website: https://nextwavead.com/contact-us

We are here to assist you and address any inquiries regarding these Terms and Conditions.