Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of NexoRush, a digital marketplace operated by GlobalBay ("NexoRush", "we", "us", "our").

By accessing or using the platform, you agree to comply with these Terms and all applicable laws and regulations. If you do not agree, please discontinue use of the platform.

1. Platform Role (Merchant of Record)

NexoRush operates as a digital marketplace and acts as the Merchant of Record (MoR) for all transactions. NexoRush sells digital products directly to customers, processes payments, issues invoices, and manages refunds and disputes.

Sellers grant NexoRush the right to distribute and sell their products through the platform and do not sell directly to customers.

2. Digital Products and Licensing

NexoRush does not create or own the digital products listed on the platform. Sellers retain full ownership of their products and intellectual property rights.

Sellers grant NexoRush a worldwide license to distribute and sell their products through the platform. This license may be granted on an exclusive or non-exclusive basis, depending on the product settings chosen by the seller.

3. User Accounts

• You must be at least 18 years old to use the platform.
• Users must provide accurate and complete account information.
• Each email address may be used for only one account.
• Users are responsible for maintaining the security of their account credentials.
• You must not share your account or allow others to access it.
• You are responsible for all activity that occurs under your account.
• NexoRush reserves the right to suspend or terminate accounts that violate these Terms or applicable laws.

4. Seller Responsibilities

Sellers are responsible for the quality, legality, and accuracy of their products. By listing on NexoRush, sellers confirm that:

• Their products are accurate, lawful, and function as described
• They hold all necessary rights and licenses to distribute their content
• Their products do not infringe any intellectual property rights
• Their products do not contain malware, viruses, or harmful code
• Their products do not include fraudulent, misleading, or deceptive content
• They will provide appropriate support to buyers where applicable
• They comply with all applicable laws and regulations

Sellers acknowledge that NexoRush acts as the Merchant of Record and that they do not sell directly to customers. Sellers indemnify NexoRush against any claims arising from their products or content.

5. Seller Payouts

Seller earnings are calculated after deducting NexoRush's applicable commission and any refunds, chargebacks, or adjustments. Payouts are processed on a monthly basis, provided the seller's available balance meets the minimum payout threshold.

NexoRush reserves the right to withhold payouts temporarily if fraudulent activity, policy violations, or unresolved disputes are detected on an account. Sellers will be notified in such cases.

Sellers are responsible for providing accurate payment details. NexoRush is not liable for failed payouts resulting from incorrect information provided by the seller.

6. Buyer Responsibilities

• Review product descriptions and details before purchase
• Ensure the product meets your technical and compatibility requirements
• Use purchased products in accordance with the applicable license
• Do not resell, redistribute, or share products unless explicitly permitted
• Comply with all applicable laws and licensing restrictions

Licensing terms are available at: Licensing Terms.

7. Prohibited Content and Use

The following content and activities are strictly prohibited on NexoRush:

• Illegal, fraudulent, or deceptive content
• Content that infringes intellectual property rights
• Malware, viruses, or harmful software
• Content related to gambling platforms or betting systems
• Cryptocurrency scams or high-risk financial schemes
• Attempting unauthorized access to systems or data
• Engaging in abusive, manipulative, or deceptive platform behavior
• Content that violates applicable laws or regulations

NexoRush reserves the right to remove any content and suspend or terminate accounts that violate these rules, without prior notice.

8. Payments and Taxes

All payments are processed by NexoRush via third-party providers such as Stripe. NexoRush acts as the Merchant of Record, collects payments from customers, and issues invoices for all transactions.

As the Merchant of Record, NexoRush is responsible for collecting and remitting applicable taxes, including VAT, based on the customer's location and applicable law. Prices displayed to customers may include VAT where required.

Sellers are not responsible for VAT collection on sales processed through NexoRush, but remain responsible for their own tax obligations in their country of residence.

9. Commission and Fees

NexoRush applies commission fees on each sale of digital products:

• Exclusive products: 15% commission
• Non-exclusive products: 20% commission

The remaining revenue is paid to sellers after deducting applicable fees, refunds, and chargebacks.

NexoRush reserves the right to modify commission rates and fees. Sellers will be notified at least 14 days in advance of any changes to commission rates via email or platform notification.

10. Refunds and Disputes

NexoRush handles refunds, disputes, and payment-related issues as the Merchant of Record. Refunds are processed in accordance with our Refund Policy and applicable laws.

Seller earnings may be adjusted in the event of refunds, chargebacks, or disputes. NexoRush reserves the right to determine the outcome of disputes at its discretion, in accordance with applicable policies and legal requirements.

11. Intellectual Property

All platform content (excluding seller products), including design, logos, text, and software, is owned by or licensed to NexoRush.

Users may not copy, reproduce, distribute, or exploit platform content without prior written permission. For copyright infringement claims, please refer to our Copyright Policy.

12. Third-Party Services

The platform may rely on third-party services including payment providers (Stripe), analytics services, and advertising platforms. NexoRush is not responsible for the availability, performance, or policies of any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

13. Platform Availability

NexoRush does not guarantee uninterrupted or error-free operation of the platform. We reserve the right to modify features, suspend services, or restrict access at any time. Where possible, we will provide advance notice of planned downtime or significant changes.

14. Limitation of Liability

To the maximum extent permitted by applicable law, NexoRush shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Damages arising from the content or products of sellers
• Service interruptions or technical failures beyond our reasonable control

Sellers remain solely responsible for their products and related content. Nothing in these Terms limits liability for death, personal injury, or fraud caused by our negligence, or any liability that cannot be excluded under applicable EU consumer protection law.

15. Indemnification

You agree to indemnify and hold NexoRush, its officers, employees, and partners harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the platform
• Your content or products
• Your violation of these Terms or applicable law

16. Account Suspension and Termination

NexoRush may suspend or terminate accounts at its discretion if:

• These Terms are violated
• Fraudulent or abusive activity is detected
• Legal or regulatory risks arise
• A seller repeatedly uploads infringing or prohibited content

In accordance with the EU Digital Services Act (DSA), users may submit a complaint regarding account suspension or content removal via our internal complaints mechanism by contacting [email protected] with the subject line "DSA Complaint". We will respond within 14 days.

17. Changes to Terms

NexoRush reserves the right to update or modify these Terms at any time. For material changes, we will notify users at least 14 days in advance via email or a prominent notice on the platform before the changes take effect.

Continued use of the platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must discontinue use of the platform.

18. Dispute Resolution

If you have a complaint or dispute, please contact us first at [email protected]. We aim to resolve disputes amicably within 14 business days.

EU consumers may seek out-of-court redress through a competent ADR body or European Consumer Centre. See the European Commission ADR guidance

You may also contact the Dutch consumer authority: Autoriteit Consument & Markt (ACM).

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands and applicable EU regulations, including the EU Digital Services Act (DSA) and the EU Consumer Rights Directive. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to any mandatory consumer protection rights under applicable EU law.

20. Contact

If you have any questions about these Terms or the platform, contact us at:

GlobalBay (operating NexoRush)
De Nieuwe Erven 3 Unit 13664
5431 NV Cuijk
Netherlands
Email: [email protected]