Terms of Service

These Terms of Service (the "Terms") govern access to and use of the NextFilm website and application (the "Service"), a sole proprietor trading as "NextFilm" (the "Publisher", "we", "us").

By creating an account or otherwise using the Service, you ("User", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms, together with the Privacy Policy referenced in Article 8, form the entire agreement between you and the Publisher regarding the Service and supersede any prior understanding.

Additional provisions apply to Users located in Canada, the United Kingdom, and the European Economic Area. These appear in clearly marked sub-articles and apply only to those Users, only to the extent their local consumer or data protection law requires.

"Account" — the personal user profile created through social authentication that allows access to the Service.

"Content" — any material made available through the Service, including film metadata, recommendations, and interface elements.

"User Content" — any material you submit, including tier rankings, content-category tags, and written reviews.

"Free Tier" — the version of the Service available without payment.

"Paid Tier" — any subscription or paid feature set offered by the Publisher.

"Content-Category Tag" — a user-applied label indicating the presence of sexual content, nudity, violence, gore, or strong language in a film.

"Tier List" — the S-through-F ranking structure used to order films.

"Recommendation" — output generated by the Publisher's machine learning system based on similarity between text embeddings derived from film-related text.

The Service is intended exclusively for individuals aged eighteen (18) years or older. By registering, you represent and warrant that you are at least 18.

We do not knowingly permit access by anyone under 18. If we learn that an Account belongs to a minor, we will terminate it and delete associated data.

Registration is available only through Google or Facebook social authentication, handled by our authentication provider, WorkOS. We do not offer password-based sign-up and never receive or store your social account password.

You are responsible for maintaining control of the social account you use to sign in. Activity conducted through your Account is attributed to you.

One Account per person. You may not sell, share, or transfer your Account.

Access requires a compatible device and internet connection, which you supply at your own cost.

NextFilm is a software-as-a-service application that lets Users rank films on a tier list, optionally apply Content-Category Tags, write reviews, and receive machine-generated Recommendations.

Recommendations are produced automatically by comparing text embeddings representing films. They are statistical suggestions only. They are not curated, verified, or guaranteed to be relevant, accurate, or suitable for you.

Content-Category Tags are subjective assessments submitted by Users. They are not age ratings, certifications, or content warnings issued by the Publisher or by any ratings body, and must not be relied on as such. The Publisher does not verify them.

NextFilm does not host, stream, sell, or distribute films.

Film titles, artwork, descriptive metadata, and related materials are the property of their respective rights holders and are used for identification and reference purposes. Film metadata is provided by TMDB and used subject to that provider's attribution requirements.

The Service is provided on an "as available" basis. We may modify, suspend, or discontinue any feature at any time. Where a change materially reduces a Paid Tier feature you are paying for, Article 11.6 applies.

You agree to use the Service lawfully and in accordance with these Terms.

You must not submit User Content that:

1. infringes copyright, trademark, or other rights;
2. is defamatory, harassing, threatening, or hateful;
3. is unlawful, or promotes unlawful acts;
4. is sexually explicit, or sexualises minors in any way;
5. discloses another person's private information;
6. is spam, advertising, or commercially deceptive;
7. contains malware or malicious code;
8. reproduces substantial portions of copyrighted works, including film scripts, subtitles, or third-party reviews.

You must not:

1. scrape, crawl, or bulk-extract data from the Service except as expressly permitted;
2. reverse engineer, decompile, or attempt to extract the Publisher's models, embeddings, or algorithms;
3. use automated means to manipulate rankings, tags, or recommendations;
4. circumvent access restrictions or Paid Tier limits;
5. interfere with the operation or security of the Service.

You are solely responsible for your User Content and represent that you hold the rights necessary to submit it.

You acknowledge that tier rankings, Content-Category Tags, and reviews are visible to other Users and may be publicly visible. Do not submit anything you are unwilling to make public.

We will use reasonable efforts to keep the Service available and functioning, but we do not guarantee uninterrupted or error-free operation.

We will apply reasonable technical and organisational measures to protect the limited data we hold.

We will process personal data in accordance with the Privacy Policy and applicable law.

We will operate the notice-and-takedown and abuse-reporting processes described in Articles 7 and 10.

We will give notice of material changes to these Terms in accordance with Article 13.

We are not obliged to monitor User Content proactively, retain User Content indefinitely, or preserve any Account after termination.

Publisher rights. The Service, including its software, interface, design, database structure, recommendation models, and the "NextFilm" name and logo, is owned by the Publisher and protected by intellectual property law. No rights are granted to you except the limited licence in Article 7.2.

Your licence. Subject to these Terms, you receive a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial purposes.

Your User Content. You retain ownership of your User Content. You grant the Publisher a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, adapt for formatting purposes, and distribute your User Content in connection with operating, improving, and promoting the Service. This licence lasts as long as your User Content remains on the Service and for a reasonable period afterwards to allow for backups and cached copies.

Aggregated data. The Publisher may use rankings, tags, and reviews in aggregated or de-identified form to generate Recommendations and improve the Service. Aggregated outputs are not your User Content.

Third-party rights. Film titles, posters, and metadata remain the property of their rights holders.

DMCA notice and takedown (United States). If you believe material on the Service infringes your copyright, send a written notice to our designated agent containing:

1. a physical or electronic signature of the rights owner or authorised agent;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the allegedly infringing material and information sufficient to locate it;
4. your contact details;
5. a statement that you have a good faith belief the use is not authorised by the rights owner, its agent, or the law;
6. a statement, under penalty of perjury, that the information is accurate and that you are authorised to act.

Counter-notice. If your material was removed and you believe this was a mistake or misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g) to the same address. We may restore the material within 10–14 business days unless the complainant notifies us that it has filed a court action.

Repeat infringers. We will terminate, in appropriate circumstances, the Accounts of Users who repeatedly infringe.

General abuse reports. For non-copyright complaints — harassment, defamation, privacy violations, unlawful content, or policy breaches — contact [email protected]. Include a link to the content and a description of the problem. We aim to acknowledge reports within 7 business days.

Misuse of the process. Knowingly submitting a false notice may expose you to liability, including under 17 U.S.C. § 512(f).

Our handling of personal data is described in the NextFilm Privacy Policy, which forms part of these Terms.

In summary: we receive your name and email address through Google or Facebook social authentication via WorkOS; payment information is handled entirely by Stripe and never reaches our servers; we use strictly necessary cookies for session authentication only; and we collect basic product analytics on use of NextFilm. We do not run third-party advertising trackers and do not sell personal data.

EEA and UK Users. Where the GDPR or UK GDPR applies — that is, where you are located in the EEA or the UK — you have rights of access, rectification, erasure, restriction, portability, and objection, and the right to complain to your national supervisory authority (in the UK, the Information Commissioner's Office). These rights, our legal bases for processing, and our international transfer safeguards are set out in the Privacy Policy.

The Publisher is established in the United States. GDPR and UK GDPR apply only to the extent we offer the Service to Users in those territories. Nothing in these Terms is intended to extend those regimes beyond their territorial scope.

Canadian Users. We handle personal information in accordance with PIPEDA and, where applicable, Quebec's Law 25.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, the Publisher disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We make no warranty that Recommendations will be accurate, relevant, or suitable, or that Content-Category Tags correctly describe any film. You rely on them at your own discretion.

The Publisher is not liable for User Content. As an interactive computer service provider, we rely on the protections of 47 U.S.C. § 230 with respect to third-party content.

To the maximum extent permitted by law, the Publisher's total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amounts you paid to the Publisher in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (USD $100).

The Publisher is not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, data, or goodwill.

Nothing in this Article limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

UK and EEA Users. If you are a consumer in the UK or EEA, you have statutory rights that cannot be excluded — including, in the UK, rights under the Consumer Rights Act 2015 requiring digital content to be of satisfactory quality, fit for purpose, and as described. Nothing in these Terms affects those rights. The limitations in Articles 9.1 to 9.5 apply only to the extent permitted by the law applicable to you.

Canadian Users. Nothing in these Terms limits or excludes warranties, conditions, or remedies that provincial consumer protection legislation makes non-excludable, including under the Quebec Consumer Protection Act and the Ontario Consumer Protection Act, 2002.

Indemnity. You agree to indemnify the Publisher against claims, losses, and reasonable legal costs arising from your User Content or your breach of these Terms. This indemnity does not apply where prohibited by consumer law applicable to you.

We may review, refuse, edit, remove, restrict visibility of, or disable access to any User Content that we reasonably believe breaches Article 5 or applicable law.

Moderation may be carried out manually, through automated filtering, or both. We are not obliged to monitor User Content proactively.

We may take one or more of the following actions in response to a breach: remove content, apply a warning, limit features, suspend an Account, or terminate an Account.

Where we remove your User Content or restrict your Account, we will notify you and give a brief reason, unless notification is unlawful or would compromise an investigation.

Appeals. You may contest a moderation decision by writing to [email protected] within 30 days. We will review the decision and respond within a reasonable period.

EEA Users — Digital Services Act. Users in the EEA may submit notices under Article 16 of Regulation (EU) 2022/2065 via [email protected]. We will handle such notices in a timely, diligent, non-arbitrary and objective manner and provide a statement of reasons for decisions taken in respect of content they have provided. The Publisher is a micro enterprise and is exempt from the additional obligations in Section 3 of Chapter III of that Regulation for so long as that status applies.

Urgent and unlawful content. We may remove content immediately and without prior notice where it appears to present a risk of serious harm, and may report it to law enforcement.

Freemium model. The Free Tier is available at no cost, subject to feature limits described in-product. Paid Tiers unlock additional features at the prices shown at the point of purchase.

Prices are displayed in USD and are inclusive of applicable sales tax, VAT, or GST, which will be shown before you confirm payment.

Payment processing. All payments are processed by Stripe, Inc. Your card and payment details are collected and stored by Stripe and never pass through or reside on the Publisher's servers. Your use of Stripe is subject to Stripe's own terms and privacy policy.

Subscriptions and renewal. Paid Tiers renew automatically at the end of each billing period at the then-current price, until cancelled. You may cancel at any time through your Account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period; access continues until then.

Refunds — general. Except as set out below or as required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods.

Discretionary refunds. Where a Paid Tier feature is discontinued or materially degraded during a period you have paid for, we will provide a pro-rata refund or credit at your election.

UK and EEA Users — right of withdrawal. If you are a consumer in the UK or EEA, you normally have 14 days from purchase to withdraw without giving a reason. Because Paid Tier access begins immediately, you will be asked to consent to immediate performance and to acknowledge that you thereby lose the right of withdrawal once performance has begun. If you did not give that consent, or if performance has not begun, the 14-day right applies and we will refund within 14 days of being informed.

Canadian Users. Where provincial law requires specific disclosure, cancellation rights, or notice before automatic renewal, those requirements apply and prevail over Articles 11.4 to 11.6 to the extent of any conflict.

Failed payment. If a payment fails, we may suspend Paid Tier access until payment succeeds. Your Free Tier access and your User Content are not affected.

Price changes. We will give at least 30 days' notice of any price increase. The new price applies from your next billing period. You may cancel before it takes effect.

These Terms apply from the moment you first use the Service and continue until your Account is terminated.

Termination by you. You may delete your Account at any time from your profile, or by writing to [email protected]. Deletion is immediate and permanent, and cannot be reversed by you or by us. If you hold a Paid Tier, deleting your Account cancels your subscription at once and ends your access immediately rather than at the end of the period you have paid for; deletion does not entitle you to a refund except as provided in Article 11.

Suspension or termination by us. We may suspend or terminate your Account where you materially breach these Terms, where required by law, or where continued access presents a risk to the Service or other Users. Where practicable and lawful, we will give notice and an opportunity to remedy.

Termination for convenience. We may discontinue the Service entirely on 30 days' notice. Users with active Paid Tiers will receive a pro-rata refund of prepaid amounts.

Effect of termination. Your licence under Article 7.2 ends. Where you delete your Account yourself, your User Content is erased immediately, and your ratings are removed from the community averages they contributed to as part of that deletion. Where we terminate an Account, your User Content will be deleted within 90 days. In either case, records we are required by law to retain are kept, as are Aggregated outputs under Article 7.4 that no longer identify you or your Account.

Survival. Articles 7.3, 7.4, 9, 12.5, 14, and 15 survive termination.

We may amend these Terms to reflect changes in the Service, our business, or the law.

Non-material changes take effect on publication of an updated version with a revised "Last updated" date.

Material changes — including changes to fees, liability, dispute resolution, or your rights — take effect 30 days after we notify you by email or in-product notice.

Continuing to use the Service after a change takes effect constitutes acceptance. If you do not accept, you may terminate your Account under Article 12.2 before the change takes effect. If you hold a Paid Tier and reject a material change, you may terminate and receive a pro-rata refund of the unused portion.

Governing law. These Terms are governed by the laws of the State of Washington, United States, and applicable U.S. federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before starting formal proceedings, you agree to contact us at [email protected] and allow 30 days to resolve the matter informally.

Binding arbitration. Subject to Articles 14.6 to 14.8, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration under its consumer arbitration rules, before a single arbitrator, seated in Vancouver, Washington, or conducted remotely at your election. The Federal Arbitration Act governs the interpretation and enforcement of this Article.

Class action waiver. You and the Publisher each waive the right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking it. If this waiver is held unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Opt-out. You may opt out of Articles 14.3 and 14.4 by writing to [email protected] within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Users in the United Kingdom and the EEA. If you are a consumer resident in the UK or an EEA Member State, Articles 14.3 and 14.4 do not apply to you. You may bring proceedings in the courts of your country of residence, and you have the benefit of any mandatory consumer protection provisions of the law of that country that cannot be derogated from by agreement. Article 14.1 applies only to the extent it does not deprive you of that protection.

Users in Canada. Nothing in Articles 14.3 or 14.4 applies where provincial consumer protection law renders it unenforceable. In particular, consumers in Quebec (under the Consumer Protection Act) and in Ontario (under the Consumer Protection Act, 2002) may bring proceedings in their local courts and may participate in class proceedings notwithstanding Article 14.4. Quebec consumers may bring proceedings in the district of their domicile.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder continues in effect.

Publisher:

Specific contact points:

We aim to acknowledge complaints within 7 business days and to resolve them within 30 days.

UK and EEA Users. If we cannot resolve your complaint, you may be entitled to use an alternative dispute resolution body in your country. You may also complain to your national consumer protection authority. UK consumers may contact the Citizens Advice consumer service.

Canadian Users. You may also contact the consumer protection office of your province or territory.