Nexgen Technology – End-User License Agreement
Last Updated: 8-22-2024
NexGen application is referred here as “FastCash”, “CageCash”, and “CheckCash”.
This End-User License Agreement (Agreement) is between Nexgen Technology and the end-user and governs the use of NexGen application and the corresponding services it provides. Review this Agreement completely. You agree to be bound by the terms of this Agreement when you click “Accept” or otherwise download, install, copy, or use NexGen application, and must accept this Agreement before doing so. If you do not agree to the terms of this Agreement, you must click “Decline” and must not download, install, copy or use NexGen application.

1. NexGen application
NexGen application is strictly available to NexGen assigned users/merchants. It grants them a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement to use NexGen application solely for their internal business purposes as long as they are under the contract with Nexgen Technology. You will not otherwise distribute, lease, rent, host, sublicense, transfer, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive the source code for NexGen application. This license does not grant you any rights to User’s (or any other third party’s) trademarks, service marks, logos, trade dress, proprietary, or other intellectual property unless provided with NexGen application. User reserves to itself (or Applicable third parties) all right, title, interest, and license (express or implied) to NexGen application that are not specifically granted to you under this Agreement. You will preserve and display any proprietary notices, markings, or branding associated with the use of
NexGen application.
NexGen application may update automatically from time-to-time, and you may be required to accept these updates to continue using NexGen application. Users may perform maintenance on NexGen application, which may result in service interruptions or delays from time to time. User may not support older versions of NexGen application. You are solely responsible for obtaining all equipment and services (for example, Internet connectivity) necessary to access and use NexGen application.

2. Term
This Agreement commences when you accept or otherwise download, install, copy, or use NexGen application; and will continue until the contract is terminated.

3. Fee
Nexgen application is free of charge for our client merchants to use.

4. Suspension and Termination
4.1 User may promptly suspend or terminate your use of NexGen application if (1) you violate this Agreement’s terms; (2) User believes your use of NexGen application may damage its reputation or intellectual property rights; (3) User suspends or terminates its agreement(s) with any third party involved in providing NexGen application; (4) you exceed normal and reasonable usage for NexGen application; (5) you experience a bankruptcy or insolvency event; or (6) you are using NexGen application for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct
with respect to use of NexGen application.
4.2 You may terminate this Agreement at any time and for any reason (without cause) by providing notice to User. Your termination will be effective at the end of the then current month or billing period in which you give notice. You will not receive a refund for the billing period in which you terminate this Agreement.

5. Confidentiality, Data, and Ideas
5.1 Neither of us will disclose non-public information about the other’s business, including, without limitation, the terms of this Agreement, technical specifications (whether related to NexGen application or otherwise), customer lists, or information relating to a party’s operational, strategic, or financial matters (together, Confidential Information). Confidential Information does not include information that (1) is or subsequently becomes publicly available (through no fault of the recipient); (2) the recipient lawfully possesses before its disclosure; (3) is independently developed
without reliance on the discloser’s Confidential Information; or (4) is received from a third party that is not obligated to keep it confidential. Each of us will implement and maintain reasonable safeguards to protect the other’s Confidential Information.
5.2 Neither of us may disclose the other’s Confidential Information except (1) to our respective directors, officers, employees, or representatives that need to know it in order to perform our obligations under this Agreement; (2) in response to a subpoena or court order; or (3) as required by applicable law, rule, or regulation.
5.3 User may use data or information obtained through NexGen application to provide its services, for research and development, or in aggregated and anonymized form to provide services generally; all subject applicable Laws (defined below). Information User collects about you, or your consumers is subject to User’s privacy policy, which is accessible at [link to privacy policy].
5.4 You may provide, or User may invite you to provide, comments or ideas about NexGen application (including, without limitation, improvements to it) (together, Ideas). By submitting any Ideas, you agree that (1) they are not Confidential Information; (2) they are not subject to any use or disclosure restrictions (express or implied); (3) you claim no rights in them; and (4) User has no obligation to notify or compensate you in connection with their disclosure or use. You release User from all liability or obligations that may arise from the receipt, review, disclosure, or use of any Idea
that you submit.

6. Account
You will be required to register for an account for User with NexGen to use NexGen application. You will provide us with accurate information when setting up your account and will maintain your account with current information. You will be responsible for establishing safeguards designed to prevent unauthorized access to, disclosure, use, or alteration of your account (safeguards may include, without limitation, usernames, passwords, security questions and answers, or other
credentials). You must notify User if you discover a security breach involving your account or NexGen application. You are responsible for any unauthorized access to, disclosure, use, or alteration of your account, NexGen application, or other transaction information that arises through your systems or account. It is your responsibility to back up and maintain the accuracy and completeness of any content created, derived from, stored, or accessed through your account or your use of NexGen application (content may include, without limitation, transaction information,
text, images, graphics, or photos).

7. Risk Allocation
7.1 NexGen application is provided to you “as-is” and “as-available.” You are solely responsible for determining if NexGen application meets your needs. User disclaims all warranties (express or implied) related to your account or NexGen application, including, without limitation, warranties of security, merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. User is not responsible for any disclosures, modifications, deletions, or other errors that arise in connection with your use of NexGen application due to its
interaction with other applications or their content.
7.2 You will indemnify User, its directors, officers, employees, agents, subsidiaries, and affiliates against any third party claims for losses, damages, costs, or expenses (including reasonable attorneys’ fees) (together, Losses) that result from your use or misuse of NexGen application, or your breach of this Agreement. User may assume the defense of any third-party claims that you must indemnify it for (at your expense), and you will cooperate with the defense of these claims.
You will not settle any third party claims involving more than the payment of money without User’s
written consent.
7.3 To the extent permitted by applicable law, User will not be liable to you for any lost profits, revenues, or business opportunities, nor any exemplary, punitive, special, indirect, incidental, or consequential damages; regardless of whether these damages were foreseeable or either of us was advised they were possible.
7.4 User’s total, aggregate liability to you for all Losses arising from any cause (regardless of the form of action or legal theory) in connection with this Agreement will not exceed the amount of fees you’ve paid to User during the 3 months prior to a Loss.

8. Communications
You authorized User to communicate with you electronically or otherwise using the contact information you provide to it (e.g., without limitation, via your account, the Internet, email, text, or live agent or automated calls to your mobile or other phone, even if these numbers appear on a Do Not Call or other non-solicitation registry). You are responsible for any fees charged by your communications provider for phone, text, or email communications that User sends to you.

9. Compliance with privacy laws
NexGen application Provider makes the following additional commitments, representations, and
warranties to Customer:
9.1 NexGen application Provider will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform NexGen application Provider’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will NexGen application Provider “sell” (as defined by
Privacy Laws) any such personal information.
9.2 NexGen application Provider will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for NexGen application Provider’s own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.
9.3 NexGen application Provider will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.

10. Data subject rights – assistance with requests
10.1 NexGen application Provider will reasonably cooperate and assist Customer with meeting Customer’s CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of NexGen application Provider’s processing, and the information available to NexGen application Provider. NexGen application Provider will make available to Customer, in a manner consistent with the functionality of the Service and NexGen application Provider’s role as a Service Provider of Personal
Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.
10.2 If NexGen application Provider receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, NexGen application Provider will redirect the data subject to make its request directly to Customer. Customer will be responsible for responding to any such request including, where possible, by using the functionality of the Services. NexGen application Provider shall comply with reasonable requests by Customer to assist with Customer’s response to such a data subject request.
10.3 NexGen application Provider must notify the Customer immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with Privacy Laws relating to provisioning of the Services.

11. General
11.1 You represent and warrant that you have authority to enter into this Agreement, creating performance obligations that are legally enforceable against you.
11.2 User may modify this Agreement from time-to-time and will provide you with notice when these modifications occur (notification may be through NexGen application, email, a website, changes to the date shown at the top of this Agreement, or other electronic means). Your continued use of NexGen application indicates your acceptance of any modifications to this Agreement. You must stop using and uninstall NexGen application if you do not agree to any modifications that are made to this Agreement.
11.3 Each of us will comply with the laws, rules, and regulations (together, Laws) that apply to our respective performance under this Agreement; including, without limitation, laws related to the collection and use of consumer information obtained via NexGen application. You will follow the requirements of all user documentation provided for NexGen application. You will not use your NexGen application to access, store, or transmit materials that are tortious, libelous, or offensive; contain malicious code, viruses, time bombs, Trojan horses, bots, scrips or other programs; or
infringe third parties’ intellectual property rights.
11.4 This Agreement is governed by Nevada law, without regard to its conflicts or choice of law statutes. The courts in or for Suffolk County, New York are proper venue for any proceedings in connection with this Agreement. Both of us waive our rights to a trial by jury in connection with this Agreement.
11.5 This is the entire agreement between us, and supersedes any prior agreements related to its subject matter. Any sections or terms of this Agreement that are, or become, invalid or unenforceable will be severed; and the remaining terms will continue in effect. User is not waiving any of its rights under this Agreement if it delays their exercise or fails to exercise them. We are independent contractors. This Agreement does not create an agency, partnership, or joint venture of any kind.
11.6 You may not assign this Agreement without User’s written consent, which assignment is voidable by the User; however, User may assign this Agreement without notice to you or your consent.
11.7 You may contact User at: Nexgen Technology Inc. 8350 W Sahara Ave Las Vegas, NV.
Phone: 1-855-823-4369 or [email protected].