Terms of Service

Please review these Terms of Service carefully before using our website and services. By accessing or using any website, platform, or service operated by Cogneve Inc., a Delaware corporation, doing business as The Next Web (“TNW”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service.

If you do not agree to these Terms, you must not access or use the Site or Services.

1. Changes to These Terms

We may change these Terms from time to time. We encourage you to review them periodically. The most current version, together with its effective date, will be available on the Site. Continued use of the Site or Services after changes become effective constitutes acceptance of the revised Terms.

2. Privacy Policy and Additional Terms

Our Privacy Policy describes how we collect, use, and protect personal data. By using the Site and Services, you consent to our data practices as described in the Privacy Policy.

Additional terms may apply to specific features or services. Those terms will be disclosed at the point of use and are incorporated by reference. If there is a conflict between these Terms and additional terms, the additional terms will govern.

3. Registration and Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. If you believe your account has been accessed without authorization, you must notify us promptly. We are not responsible for losses resulting from unauthorized use where you failed to notify us in a timely manner.

If registration is required, you must provide accurate and complete information and keep it updated. Age-restricted services may only be used if you meet the applicable age requirements.

4. Intellectual Property and License

All content, information, text, images, video, audio, software, code, design, and materials available on the Site and Services (“Content”) are protected by intellectual property laws and are owned or licensed by Cogneve Inc.

Subject to these Terms, you are granted a limited, personal, non-commercial, non-transferable license to access and use the Site and Services. All rights not expressly granted are reserved.

You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, or commercially use any Content without prior written permission.

a. Viral Distribution or Authorized Redistribution

We may expressly permit redistribution of specific Content for personal, non-commercial use. Authorized Content and permitted distribution methods will be identified clearly (such as via email, blogs, or embedded players, or by producing Mash-Ups).

This permission may be revoked at any time. You must be able to edit or remove redistributed Content promptly upon request.

b. Commercial Licenses

Commercial use of Content requires prior written approval. Licensing requests should be submitted using the contact details provided on the Site.

5. Artificial Intelligence and Machine Learning Restrictions

To the fullest extent permitted by law, use of our Content, including any associated metadata, for machine learning or artificial intelligence purposes is prohibited without express written authorization. This includes use for training, developing, testing, or operating AI systems or models.

All rights to license Content for such purposes are reserved by Cogneve Inc.

6. Legal Complaints

We respect intellectual property rights. Copyright complaints must follow our published copyright infringement procedure. Other legal complaints must follow our Notice and Takedown procedure, as made available on the Site.

7. User Submissions

Certain features may allow users to submit text, audio, video, images, or other materials (“User Submissions”).

By submitting User Submissions, you grant Cogneve Inc., its affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, publish, display, perform, reproduce, translate, transmit, archive, sell, and create derivative works from your User Submissions, including your name, likeness, and voice where applicable, in any media now known or later developed. You waive any moral rights to the extent permitted by law.

You retain ownership of User Submissions you owned prior to submission, subject to the license granted. Deleted submissions may persist in backup systems for a reasonable period and in copies retained by third parties.

We may remove User Submissions at our discretion and have no obligation to monitor them. We are not liable for User Submissions or for any loss or damage resulting from them.

User Submissions should not be considered private, even if shared in restricted areas.

You represent and warrant that you have all rights required to submit such content and that it does not violate applicable law or third-party rights.

8. Third-Party Content

The Site and Services may include third-party content or links to third-party websites. We do not control or endorse such content and are not responsible for third-party actions, content, or policies. You should review third-party terms and privacy policies before using their services.

9. Fee-Based Services

Certain services or features may require payment. By purchasing them, you agree to applicable fees and billing terms. Unless otherwise stated, all fees are non-refundable, including unused portions of subscriptions.

We do not provide refunds or price adjustments for price changes or promotional offers.

10. Acceptable Use

You may only access the Site and Services using authorized interfaces. Unauthorized framing, scraping, automated access, or misuse is prohibited.

You agree not to:

  • Threaten, harass, defame, or engage in unlawful conduct

  • Publish or transmit offensive, illegal, misleading, or objectionable material

  • Misrepresent affiliation or impersonate others

  • Interfere with Site operations or security

  • Collect personal data without authorization

  • Bypass access controls or use another user’s account

  • Distribute malware or harmful code

  • Advertise or promote goods or services without permission

11. Site Access and Account Termination

We may restrict or terminate access, modify or discontinue services, deactivate accounts, delete data, or disclose information as required by law or to protect safety and security.

We are not liable for taking these actions. If you do not agree with these Terms, you must stop using the Site and Services.

Sections relating to User Submissions, indemnification, disclaimers, limitation of liability, Privacy Policy  and governing law survive termination.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cogneve, Inc., its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and contractors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  • Your access to or use of the Site or Services, including any activities conducted through your account, whether or not authorized by you;

  • Your violation of these Terms, any applicable law or regulation, or any rights of another person or entity, including intellectual property, privacy, or publicity rights;

  • Any content, data, materials, or information you submit, post, transmit, or otherwise make available through the Site or Services, including User Submissions;

  • Any misuse of the Site or Services, including prohibited, unlawful, or negligent conduct;

  • Any misrepresentation made by you in connection with your use of the Site or Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense. Your indemnification obligations will survive termination of your access to the Site or Services and these Terms.

13. Advertising and Editorial Policy

TNW  is primarily funded through advertising, sponsorships, and commercial partnerships. We do not accept payment in exchange for editorial coverage, whether positive or negative in tone. Editorial decisions are made independently and are not influenced by advertisers or commercial partners.

  • Editorial Content refers to content created by our editorial team based on editorial judgment and relevance. It is not paid for by third parties.
  • Sponsored Content refers to content created or distributed in collaboration with a commercial partner in exchange for compensation. Sponsored Content is clearly labeled using disclosures such as “Sponsored”, “Partner Content”, or “Paid Partnership”, placed prominently so readers can distinguish it before engaging.

The Site may include advertising, sponsorships, paid partnerships, or other commercial placements as part of its monetization.

We do not accept payment in exchange for editorial coverage, whether positive or negative in tone. Advertising may appear in the form of display placements, sponsored content, or partner features.

Sponsored content is clearly and conspicuously labeled using disclosures such as “Sponsored”, “Partner Content”, or “Paid Partnership”, and is distinguishable from editorial content at all times. Editorial independence is maintained regardless of advertising relationships.

Any claims within Sponsored Content are the responsibility of the sponsoring party.

14. Governing Law, Venue, and Jurisdiction

These Terms and any disputes arising from or related to them are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15. Arbitration

At our sole discretion, we may elect to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims relating to intellectual property or unauthorized use.

Any arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect.

Unless we mutually agree otherwise, the arbitration shall be conducted in the State of Delaware, United States, or remotely if permitted by the applicable arbitration rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that arbitration will be conducted on an individual basis, and not as a class, consolidated, or representative action.

16. Affiliate Links

Some content on The Next Web may contain affiliate links. This means that if you click on an affiliate link and make a purchase, Cogneve, Inc. may receive a commission, at no additional cost to you.

Affiliate relationships do not influence our editorial decisions, reviews, rankings, or opinions. We strive to present readers with content that meets our editorial standards for quality, relevance, and accuracy, regardless of whether a commission may be earned.

17. Miscellaneous

We may be required by applicable law to provide you with certain notices or disclosures. You agree that such notices will be effective upon posting on the Site or delivery to the email address associated with your account, where applicable.

You are responsible for keeping your contact information up to date. We are not responsible for failure to notify you due to outdated or inaccurate contact details.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms, together with the Privacy Policy, Cookie Statement, and any additional terms or policies referenced herein, constitute the entire agreement between you and us regarding the Site and Services and supersede any prior agreements or understandings.

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