Welcome to NextStage! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the NextStage services and the NextStage website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “NextStage” or "Allot, Inc."), so please read them carefully.
By using NextStage, you are agreeing to these Terms. If you do not agree to these Terms, do not use NextStage. If you are using NextStage on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use NextStage after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using NextStage.
If you have been issued an account by NextStage in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not NextStage, are responsible for any activity occurring in your account (other than activity that NextStage is directly responsible for which is not performed in accordance with the Customer’s instructions or activities), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify NextStage immediately.
User logins to access the NextStage website may be used by one individual per unique login, and may not be shared. If an individual user login is shared among more than one individual, NextStage may cancel the associated account with no prior notice, without allowing you to export your personal or company data, and without any obligation to refund any payments made to NextStage.
By using NextStage, you may provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours. You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Although NextStage achieves a high level of security for user-uploaded documents,NextStage is not designed for storing Controlled Unclassified Information ("CUI"). We advise companies to avoid entering CUI on our application. NextStage is not liable for any damages or legal reprecussions arising from illegal or negligent handling of CUI.
NextStage is owned by Allot, Inc. and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use NextStage as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
- Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from NextStage, or use NextStage in any way other than through our publicly supported interfaces;
- Access, tamper with, or use non-public areas of NextStage, NextStage’s computer systems, or the technical delivery systems of NextStage’s providers;
- Probe, scan, or test the vulnerability of any NextStage system or network or breach any security or authentication measures;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide NextStage;
- Plant malware or use NextStage to distribute malware;
- Violate the privacy of others;
- Violate any applicable law or regulation;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;
- Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing NextStage, or introducing any other material or content which is malicious or technologically harmful;
- Attack NextStage via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of NextStage;
- Attempt any of the above, or encourage or enable any other individual to do any of the above.
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Government Data
NextStage Services involve the display of information made publicly available by the government through a variety of sources. This data is not owned by NextStage or created by NextStage. Such information is the sole responsibility of the entity that makes it available, and the completeness and accuracy of that information as represented in NextStage’s Services is entirely dependent on the completeness and accuracy of the original government sources. NextStage cannot be held liable for inaccuracies in, and will not modify, the information obtained from those government sources based on the request of a site visitor or user of the Services.
Federal Opportunity and Award Data Sources
NextStage data comes from a number of public federal government sources. Federal contract opportunity data is obtained from sam.gov and its associated feeder sites, and updated every 24 hours. Federal grant opportunity data is obtained from grants.gov and updated every 24 hours. Federal contract award data is obtained from FPDS.gov and is updated every 24 hours. Federal grant award data is obtained from usaspending.gov and is updated every 24 hours. Federal subcontract award data is obtained from usaspending.gov and is updated every 24 hours. NextStage also references the GAO's protest docket and uses several agency-specific sources and public APIs to add additional information to the Services.
Vendor Registration Data
Vendor information on NextStage comes from the System for Award Management (SAM.gov), which is where companies that sell to the government are required to register their business information. Vendor data is updated daily using a Public Data Package file provided by SAM.gov per the Freedom of Information Act (FOIA). NextStage’s policy is full transparency regarding companies that are registered to do business with the federal government via contracts or grants. As such, NextStage publishes everything that is in SAM.gov's Public Data Package file. Information about the Public Data Package file can be found by going to SAM.gov and clicking on the Data Access tab. The daily file can be found about halfway down the page (in a box titled "Daily File"). If any company information is incorrect needs to be updated for other reasons, NextStage recommends that a company representative update the SAM.gov profile. Changes will flow through to NextStage once they make it in to the Public Data Package file.
Confidential Information
From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information
The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure
If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
We respect the intellectual property rights of others, and expect you to do the same. It is our policy to terminate the NextStage account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, NextStage will respond expeditiously to claims of copyright infringement committed using NextStage as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information: 1. Your full legal name and electronic or physical signature 2. A description of the copyrighted work or other interest that you believe has been infringed; 3. Enough information to properly identify and locate that content (including, at a minimum, the relevant URL) 4. Contact information, including your address, telephone number, and email address 5. The following statements in the body of notice: - “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.” - “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on NextStage and take whatever action, in its sole discretion, we deem appropriate. Our designated Copyright Agent for notices of copyright infringement and counter-notices is: Allot, Inc. ATTN: Copyright Agent hello@nextstage.ai
We may terminate or modify your access to and use of NextStage, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use NextStage in any way that would cause us legal liability or disrupt others’ use of NextStage. Likewise, you may cancel your account at any time, although we will be sorry to see you go. If we suspend or terminate your use of NextStage, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Unless otherwise specified, NextStage may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an NextStage customer on NextStage's website and other marketing materials.
NextStage is provided “as is,” at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Allot, Inc. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of NextStage. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You will hold harmless and indemnify Allot, Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of NextStage or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
To the extent permitted by applicable law, the aggregate liability of each of NextStage, its affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with the services and these terms will not exceed the greater of: (a) the amounts paid by you to NextStage for use of the services at issue during the 3 months prior to the event giving rise to the liability; and (b) US$20.00.
Consumers
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
Businesses
If you are a business, you will indemnify and hold harmless Allot, Inc. and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
If you purchase a subscription to the Services via the NextStage website (“Online Subscription”), the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription.
Cancellation. You may cancel your subscription at any time, in which case your Online Subscription will continue until the end of that Subscription Term before terminating; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are non-cancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at https://nextstage.ai.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize NextStage (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to NextStage. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
Taxes and Fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on NextStage's net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Allot, Inc., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Allot, Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Allot, Inc. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Assignment
You may not assign these Terms without NextStage's prior written consent, which may be withheld in NextStage's sole discretion. NextStage may assign these Terms at any time without notice to you.
Entire Agreement
These Terms (including the Additional Terms) constitute the entire agreement between you and NextStage, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors
The relationship between you and NextStage is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence
To the extent any conflict exists, the Additional Terms prevail over these Terms with respect to the Services to which the Additional Terms apply.
Severability
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
If you have any questions about these Terms, please contact us at hello@nextstage.ai