Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the website and services offered by NextMotive. By accessing or using our services, you agree to be bound by these Terms.

Please read them carefully.

 

2. Provider Information (as required by § 5 TMG)

NextMotive
Raiffeisneplatz 5
69221, Dossenheim, Germany
Email: hello@nextmotive.de
 

3. Scope of Services

We offer professional services in the fields of:

  • Graphic design and visual branding
  • UI/UX design for digital platforms
  • iOS app design and consultation

All services are offered either on a project basis, through hourly contracts, or as digital product purchases.

 

4. Conclusion of Contract

A contract between you and NextMotive comes into effect when:

  • You explicitly accept a quote or project agreement provided by us, or
  • You purchase a digital product via our platform

For service-based projects, all deliverables, timelines, and fees will be defined in a written agreement (e.g., email, PDF, or contract document).

 

5. Prices and Payment

  • All prices for services are net prices and may be subject to VAT as applicable under German law.
  • For digital products, the final price (including VAT if applicable) will be displayed before checkout.
  • Payments are due upon invoicing and must be made to the bank or payment method provided.
  • Subscription-based products (e.g. in-app purchases via Apple) are billed through third-party platforms.

 

6. Delivery and Turnaround Time

Project timelines and delivery dates are communicated individually per project. Delays caused by incomplete inputs or approvals from the client may lead to revised timelines.

Digital products are delivered electronically (via email, download, or API access) immediately or within 24 hours.

 

7. Intellectual Property & Usage Rights

Unless otherwise agreed in writing:

  • Full usage rights of design and code are transferred upon full payment.
  • We retain the right to showcase the work in our portfolio or marketing materials.
  • You may not resell or redistribute digital products without our permission.

 

8. Cancellation and Refunds

  • For custom projects, cancellation policies are governed by the individual agreement or statement of work.
  • For digital products, refunds are generally not offered unless the product is defective or unusable.

 

9. Liability

We are liable for intent and gross negligence. For slight negligence, we are only liable in the event of a breach of essential contractual obligations (cardinal obligations).

We are not liable for any indirect or consequential damages such as loss of profit, data loss, or third-party claims, unless mandatory under German law (e.g. § 309 BGB).

 

10. Data Protection

We handle your data in accordance with the GDPR and our Privacy Policy. By using our services, you agree to the collection and processing of your data as described therein.

 

11. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Place of jurisdiction is Dossenheim, Germany, unless otherwise required by law.

 

12. Final Provisions

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Last updated: 05.05.2025