Terms of Service
Introduction
These Terms of Service ("Terms") are between you and PLIGO LIMITED ("we", "us", "our"), a company registered in New Zealand (New Zealand Business Number / company number: NZBN / 9429053648532).
These Terms cover two separate applications, and it is important you read the part that applies to your app:
- NextUp Alert - Calendar Reminders ("NextUp Alert") - our modern, cross-platform application for Windows, macOS, and Linux, with optional AI-powered and voice (text-to-speech) features. Part A below adds terms specific to this app.
- NextUp Alert Lite - Calendar Reminders ("NextUp Alert Lite") - our original, Windows-only application, distributed free through the Microsoft Store, with no AI features and on-device-only voice announcements. Part B below adds terms specific to this app. (This app was previously also known as "NextUp", "NextUp Alert", and "NextUp Calendar Event Countdown".)
How to tell which app you have. If you installed the app from the Microsoft Store on a Windows PC and it has no AI or text-to-speech voice options, you are using NextUp Alert Lite (Part B). Otherwise - on macOS, Linux, or a Windows version offering AI and voice features - you are using NextUp Alert (Part A).
How these Terms are organised. The Common Terms below apply to both Apps. Part A and Part B add provisions specific to each App (covering AI/voice features and licensing/payment). Where these Terms refer to "the App", they mean the App you are using; where they refer to "the Apps", they mean both.
By downloading, installing, or using either App, you agree to be bound by these Terms. Please read them carefully before using the App.
Common Terms (apply to both Apps)
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Acceptance of Terms
By using the App, you confirm that you are at least 16 years of age (or the age of digital consent in your jurisdiction) and that you agree to comply with and be bound by these Terms. If you do not agree, do not download, install, or use the App.
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Description of Service
The App reads, displays, and provides notifications for calendar events from supported calendar providers (currently Google Calendar and Microsoft Outlook / Microsoft Graph). Depending on which App you use, it may include additional features such as voice announcements and AI-generated content (see Part A and Part B). We may add, remove, or modify features at any time.
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Licence Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on devices you own or control, for your personal or internal business use, for the duration of your valid licence (where a paid licence applies) or while the App is freely made available to you.
This licence is not a sale. We and our licensors retain all rights, title, and interest in and to the App that are not expressly granted to you in these Terms.
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User Responsibilities
- Account security. Where the App requires an account or licence activation, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- Accurate information. You agree to provide accurate and complete information when creating an account, activating a licence, or using the App.
- Lawful use. You agree to use the App only for lawful purposes and in compliance with all applicable laws, regulations, and third-party rights.
- Calendar data and authority. You confirm that you have the legal right to use the calendar data you provide to the App, and (where AI or voice features are enabled in NextUp Alert) the necessary authority to disclose that data - including any personal data of organisers and attendees - to the third-party sub-processors listed in our Privacy Policy (https://www.nextupalert.com/privacy-policy).
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Prohibited Uses
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable law, regulation, or third-party right;
- Reverse engineer, decompile, disassemble, derive the source code of, or otherwise attempt to discover or recreate the underlying logic of the App, except and only to the extent that this restriction is expressly prohibited by applicable law;
- Modify, adapt, translate, or create derivative works of the App;
- Remove, alter, or obscure any copyright, trademark, licence, or other proprietary notices;
- Distribute, sell, lease, rent, sublicense, host as a service, or otherwise transfer the App or any rights in it to any third party;
- Use the App to develop, train, or improve a competing product, service, or model;
- Use automated means (bots, scrapers, crawlers) to access the App, its backend services, or any associated API in a manner not expressly permitted;
- Circumvent or attempt to circumvent any licensing, authentication, rate-limiting, or security mechanism, including (in NextUp Alert) the in-app AI Data Sharing Disclaimer or consent gating;
- Use the App in a way that damages, disables, overburdens, or impairs it (or any servers or networks connected to it), or that interferes with any other party's use of the App;
- Upload, transmit, or introduce any virus, worm, malware, or other malicious or harmful code via the App;
- Use the App to violate the privacy, intellectual property, or other rights of others, or to upload or transmit content that is illegal, infringing, defamatory, harassing, or harmful;
- Submit, via AI or voice features (NextUp Alert), calendar data that you do not have the legal right to disclose to our sub-processors, or that contains content prohibited by the sub-processor's terms of service.
Violating any of these prohibitions is a material breach of these Terms and grounds for immediate termination of your licence and access.
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Privacy
Our Privacy Policy (https://www.nextupalert.com/privacy-policy) explains how we collect, use, and share personal information for each App, including the sub-processors we rely on, your data-protection rights, and international transfer safeguards. By using the App, you acknowledge our Privacy Policy.
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Intellectual Property
The App and all of its original content, features, code, designs, trademarks, logos, and functionality are and remain the exclusive property of PLIGO LIMITED and its licensors. All rights not expressly granted to you in these Terms are reserved.
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User Content
To the extent you submit any content to us - for example, in support requests, bug reports, or feedback - you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, and display that content for the limited purpose of operating, improving, and supporting the App. You retain all other rights to your content. You represent that you have the necessary rights to grant this licence.
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Third-Party Services
The App relies on third-party services (calendar providers, distribution and payment processors, and - for NextUp Alert - AI and infrastructure providers; see Privacy Policy section A3 / section B3 (https://www.nextupalert.com/privacy-policy)). Your use of these services is subject to their own terms of service and privacy policies. We are not responsible for the acts, omissions, or content of any third-party service.
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Termination
You may stop using the App at any time and uninstall it from your device.
We may, in our sole discretion, suspend or terminate your access to the App, your licence, or any associated account, with or without notice, if:
You breach these Terms;
- Your use poses a security, legal, or reputational risk to us or other users;
- We are required to do so by law or by a third-party service provider;
- We discontinue the App or any feature.
- On termination, the licence granted to you ends and you must cease all use of the App and uninstall it.
Sections that by their nature should survive termination - including section 5 (Prohibited Uses), section 7 (Intellectual Property), section 8 (User Content licence), section 11 (Disclaimer), section 12 (Limitation of Liability), section 13 (Indemnification), section 14 (Time Limit on Claims), and section 18 (Governing Law) - shall survive, together with any surviving provisions of Part A or Part B.
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Disclaimer of Warranties
THE APP AND ALL CONTENT, FEATURES, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLIGO LIMITED AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS - EXPRESS, IMPLIED, OR STATUTORY - INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE.
THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND USE OF THE APP RESTS WITH YOU.
Some jurisdictions (including New Zealand under the Consumer Guarantees Act 1993, and Australia under the Australian Consumer Law) do not permit the exclusion of certain warranties. Where such warranties are mandatorily implied by law and cannot be excluded, our liability is, where permitted, limited to the resupply of the App or the cost of resupply.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLIGO LIMITED, ITS DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES - INCLUDING ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES - ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
These limitations apply whether the claim is based in contract, tort, strict liability, statute, or any other legal theory, and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
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Indemnification
You agree to defend, indemnify, and hold harmless PLIGO LIMITED, its officers, employees, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
Your use of the App in breach of these Terms or any applicable law;
- Your enabling of AI or voice features (NextUp Alert) and the resulting transmission of any data you did not have the legal right to disclose;
- Any content you submit through the App;
- Your violation of any third-party right.
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Time Limit on Claims
Any claim arising out of or related to these Terms or the App must be brought within one (1) year after the cause of action accrued, or it will be permanently barred - except where applicable mandatory law provides a different limitation period that cannot be varied by agreement.
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Force Majeure
Neither party will be liable for any delay or failure to perform under these Terms (other than your payment obligations) caused by events beyond its reasonable control, including without limitation: acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, government action or sanctions, labour disputes, internet or network outages, denial-of-service attacks, and failures, changes, or discontinuations of third-party services on which the App depends (including those listed in Part A or Part B for your App). The affected party will use reasonable efforts to resume performance promptly.
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Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. For material changes, we will provide reasonable notice in the App or by other appropriate means. Your continued use of the App after the changes become effective constitutes your acceptance of the revised Terms.
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Notices
We may give you legal notices via in-app banner, dialog, or other reasonable in-product notification, and (where you have provided one) by email to the address associated with your licence or account. You agree that such notices have the same legal effect as written notice. To send a legal notice to us, email pligoapps [at] gmail [dot] com with "Legal Notice" in the subject line.
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Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand, without regard to its conflict-of-laws principles. The courts of New Zealand have exclusive jurisdiction over any dispute arising out of or related to these Terms or the App, except that we may seek injunctive or equitable relief in any court of competent jurisdiction.
If you are a consumer in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection law gives you the right to bring proceedings in your country of residence, nothing in this section limits that right.
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Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with one that most closely reflects the original intent in an enforceable way.
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Assignment, No Waiver, and Headings
You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent, and any purported assignment in breach of this section is void. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without notice. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other. Section headings are for convenience only and do not affect interpretation.
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Entire Agreement
These Terms (including the Part that applies to your App), together with the Privacy Policy (https://www.nextupalert.com/privacy-policy) and - for NextUp Alert - the in-app AI Data Sharing Disclaimer, constitute the entire agreement between you and PLIGO LIMITED regarding the App and supersede any prior agreements.
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Contact
If you have questions about these Terms:
- Email: pligoapps [at] gmail [dot] com
- Publisher: PLIGO LIMITED (New Zealand)
- Apps: NextUp Alert - Calendar Reminders; NextUp Alert Lite - Calendar Reminders
Part A - NextUp Alert (modern cross-platform app)
The following terms apply in addition to the Common Terms when you use NextUp Alert - Calendar Reminders.
A1. AI and Voice Features
AI and voice features are off by default and require your explicit, informed consent via an in-app disclaimer before any calendar data is transmitted to third-party sub-processors.
When you enable AI or voice features, you direct us to disclose your calendar data - and, where applicable, the personal data of organisers and attendees - to third-party sub-processors (including OpenRouter for AI and Fish Audio for text-to-speech) as described in the Privacy Policy section A3 and section A4 (https://www.nextupalert.com/privacy-policy). You acknowledge:
- AI-GENERATED CONTENT MAY BE INACCURATE, INCOMPLETE, FALSE, BIASED, OR INAPPROPRIATE. It is provided on an "as is" basis. You must independently verify any AI-generated content before relying on it for any decision, and you must not rely on it where accuracy or completeness is critical.
- We do not control, and make no warranties regarding, any third-party sub-processor.
- We provide no warranty or guarantee - express, implied, statutory, or otherwise - that AI features or AI-generated content will be accurate, complete, available, timely, secure, error-free, or fit for any particular purpose.
- Settings (including the option to disable AI or voice features) and on-device controls (including diagnostic redaction) may, on rare occasions, fail to save, fail to apply, or behave unexpectedly due to software faults, crashes, or operating-system errors. You should periodically verify, via Settings > AI Logs, that the App's behaviour matches your expectations.
- Once data has been transmitted to a sub-processor, we cannot recall, delete, or modify it. Disabling AI features stops further transmission but does not undo past transmissions.
- We may add, remove, or change AI sub-processors from time to time. The current list is maintained in the Privacy Policy. For material changes, you may be re-prompted for consent.
- You are responsible for ensuring that the resulting disclosure complies with your obligations under applicable privacy law - including, where applicable, GDPR, UK GDPR, CCPA/CPRA, PIPEDA, POPIA, and any sectoral rules such as HIPAA - and you confirm you have any necessary authority or consent to share the data of organisers and attendees with the sub-processors listed in the Privacy Policy.
The full AI Data Sharing Disclaimer is presented in the App and is incorporated into these Terms by reference.
A2. Fees, Licensing, and Payment
Some features of NextUp Alert require a paid licence. Licensing and payments are processed by our third-party partner Lemon Squeezy (a Stripe company). By purchasing or activating a licence, you agree to Lemon Squeezy's terms in addition to these Terms. Refunds, charges, taxes, and renewal terms are governed by Lemon Squeezy's policies and the applicable jurisdiction's consumer-protection law. Licence term, expiry, and renewal. Unless your purchase is expressly described at checkout as a recurring subscription, a paid NextUp Alert licence is a one-off, fixed-term licence that is valid for twelve (12) months from the date of purchase. At the end of that period the licence expires automatically; it does not auto-renew, and we do not charge you again. On expiry, the App reverts to its free features, and the paid features (including Smart Notifications, AI briefings, daily forecast, and AI voice announcements) - together with any unused Included Allowance and any unused Top-Up Allowance - stop working. To continue using the paid features, you may purchase a new licence at the then-current price. We make your licence's expiry date available in the App and notify you in the App when your licence has expired; we may also remind you before expiry, but keeping your licence current is your responsibility.
A3. AI and Voice Usage Allowance
What the allowance is. A paid NextUp Alert licence includes, at no separate or additional charge, a complimentary usage allowance for the App's AI and voice (text-to-speech) features (the "Included Allowance"). The Included Allowance is provided as part of, and incidental to, your software licence. It is not itself a product, service, currency, or property that you purchase: the price of your licence is the price of the licence, and is not a payment for any particular quantity of AI or voice usage. Access to and use of any AI or voice allowance - whether the Included Allowance or any Top-Up Allowance you purchase (see below) - requires an active, valid paid NextUp Alert licence. If your licence expires, lapses, is suspended, or is otherwise not active, you cannot use any allowance, including any remaining Top-Up Allowance.
How it is measured. AI and voice usage is metered in units set by our third-party providers - currently text tokens for AI (OpenRouter) and UTF-8 bytes for voice (Fish Audio). We display your remaining allowance in the App for convenience. These units are an internal measure of usage only: they have no monetary or cash value, are not redeemable, refundable, transferable, or exchangeable for money or anything else, and confer no ownership or property right.
Amount, period, and reset. The size of the Included Allowance, the period it covers, and how it resets are as described in the App and on our website at the time of your purchase, and may be updated for future purchases. Unless stated otherwise, the Included Allowance applies to your current licence term, does not roll over, and any unused portion expires at the end of that term or on earlier termination. Optional top-up allowances. You may separately purchase additional usage ("Top-Up Allowance") through Lemon Squeezy. Top-Up Allowance is a one-time, consumable digital purchase, and an active, valid paid NextUp Alert licence is required to use it. A Top-Up Allowance is an add-on to your base licence, not a substitute for it: it does not create, extend, renew, or stand in for a licence, and purchasing it does not give you any right to use AI or voice features while your base licence is inactive. Each Top-Up Allowance is valid for twelve (12) months from its date of purchase and expires at the end of that period; any unused portion is then forfeited and does not roll over. You may use a Top-Up Allowance only while your licence is active: while your licence is not active you cannot use it, and periods during which your licence is inactive do not pause or extend the twelve-month validity period - any part still unused when the Top-Up Allowance expires is lost. The amount of AI or voice usage a Top-Up Allowance provides is fixed at the time of each purchase and reflects our and our providers' costs at that time; we may change the size, price, or unit of measurement of Top-Up Allowance for future purchases - for example, in response to changes in third-party provider pricing - without affecting a Top-Up Allowance you have already purchased and not yet used within its validity period. To the maximum extent permitted by applicable law - and subject to your non-excludable rights under consumer law, including the New Zealand Consumer Guarantees Act 1993 - Top-Up Allowance is non-refundable once granted, has no cash value, and is non-transferable.
Fair use and our right to manage the allowance. Both the Included Allowance and any Top-Up Allowance are provided for your personal or internal business use of the App's features as intended. We may set and enforce reasonable rate limits, fair-use limits, and anti-abuse controls, and we may modify, reduce, suspend, withhold, or withdraw any allowance, change how usage is measured, or change or remove AI or voice features and providers, where reasonably necessary to (a) prevent fraud, abuse, or breach of these Terms; (b) respond to a change in, outage of, or pricing by a third-party provider; or (c) comply with law. Where we make a material adverse change to a paid feature, we will act reasonably and in accordance with applicable consumer law.
Continuity through substitute providers. AI and voice features depend on third-party providers, and we may change or replace those providers at any time. If a provider changes its pricing, terms, or availability in a way that affects an allowance, our first step will be to migrate the affected features to an alternative provider offering broadly comparable functionality, so that your Included Allowance and any unused Top-Up Allowance continue to be honoured. A substitute provider may differ in how output sounds or reads, in the options supported, or in how usage is metered, and we may make reasonable adjustments to the allowance's units or limits to reflect the substitute's metering, while preserving the substantive benefit of what you purchased.
Only where no alternative provider offering broadly comparable functionality is reasonably available to us, so that we genuinely cannot continue to honour an unused Top-Up Allowance, may we reduce, suspend, or withdraw the unused portion on reasonable notice. In that event, and to the extent required by applicable consumer law, we will provide a fair remedy for the unused portion you paid for, which may at our option take the form of replacement allowance, account credit, or a refund.
Prohibited use of the allowance. In addition to the Prohibited Uses section above, you must not:
- use the allowance, or the App's AI or voice backend, other than through the App's intended features - including by scripting, automating, scraping, or otherwise accessing our AI or text-to-speech endpoints as a general-purpose API;
- resell, sublicense, share, pool, or transfer your allowance, or make it available to any person other than the licensed user;
- attempt to obtain, or actually obtain, usage in excess of your granted allowance, or evade metering, rate limits, or anti-abuse controls;
- use multiple accounts, licences, activations, refunds, or chargebacks to acquire usage you have not paid for or are not entitled to; or
- use the AI or voice features to generate bulk, automated, or machine-generated output unrelated to your genuine use of the App's calendar-reminder features.
Misuse of the allowance is a material breach of these Terms and grounds for suspension or termination under the Termination section. We may suspend or restrict AI and voice features, while leaving the rest of the App available, where we reasonably suspect such misuse.
No guarantee of availability. The allowance does not guarantee that AI or voice features will be available, uninterrupted, or error-free. They depend on third-party providers, and the disclaimers in the Disclaimer of Warranties section and section A1 apply.
A4. Third-Party Dependencies (for section 15 Force Majeure)
For NextUp Alert, the third-party services on which the App depends include, without limitation, Google Calendar, Microsoft Graph, Lemon Squeezy, OpenRouter, Fish Audio, Cloudflare, and New Relic.
Part B - NextUp Alert Lite (legacy Windows app)
The following terms apply in addition to the Common Terms when you use NextUp Alert Lite - Calendar Reminders.
B1. No AI; On-Device Voice Only
NextUp Alert Lite has no AI features and transmits no calendar data to any AI or text-to-speech provider. Its spoken countdown announcements are produced from pre-recorded audio files stored on your device; no calendar content leaves your device to produce them. Accordingly, the AI/voice consent, disclosure, and data-sharing provisions in Part A do not apply to this App.
B2. Distribution and Licensing
NextUp Alert Lite is distributed free through the Microsoft Store. Installation, store-account handling, and any store-side terms are governed by the Microsoft Store and Microsoft's applicable terms. We do not operate a third-party payment processor for this App and do not collect billing or payment information.
B3. Third-Party Dependencies (for section 15 Force Majeure)
For NextUp Alert Lite, the third-party services on which the App depends include, without limitation, Google Calendar, Microsoft (Outlook and the Microsoft Store), and New Relic.
By using either App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the Common Terms and the Part that applies to your App.