WePerform Terms & Conditions

Based on the General Terms & Conditions of Nextarp B.V., adapted for the WePerform subscription service. Last updated: 17 July 2026.

1. The agreement

These terms govern the use of WePerform (the “Service”), a software-as-a-service product operated by Nextarp B.V. (“Nextarp”, “we”), Wilhelminaplein 1, 3072 DE Rotterdam, The Netherlands. By creating a workspace, installing the WePerform GitHub App or connecting a GitLab group, the entity you represent (the “Customer”) enters into this agreement. The Customer's own purchasing terms are expressly rejected. The agreement consists of, in descending order of precedence: the selected subscription plan, the Data Processing terms in Section 8, and these Terms & Conditions.

2. The Service

WePerform analyzes the Customer's source-code repositories to produce engineering quality and security metrics, trends, and sampled AI-assisted code assessments. Nextarp provides the Service with reasonable skill and care in accordance with good industry practice. Availability targets, if any, are those stated in the subscription plan; delivery and analysis timings are indicative and non-binding. Nextarp may modify features of the Service provided its core functionality is not materially reduced during a paid term.

3. Customer obligations

The Customer ensures it is entitled to connect the repositories it connects, that doing so violates no third-party rights or applicable law, and that its use of assessment output toward its own personnel complies with applicable employment and data-protection law. The Customer indemnifies Nextarp against claims arising from the Customer's connected data or its use of the Service's output, except to the extent attributable to Nextarp. The Customer is responsible for the acts of users in its workspace and for the accuracy of its identity mapping.

4. Term, trial and renewal

New workspaces begin with a 14-day free trial of the Business plan; at its end the workspace reverts to the Free plan unless a subscription is purchased. Paid subscriptions run monthly or yearly per the selected billing interval and renew automatically until cancelled via the billing portal. Cancellation and downgrades take effect at the end of the current billing period. Nextarp may terminate or suspend Free workspaces with 30 days' notice.

5. Fees and payment

Fees are metered per active developer (a person who authored a commit or performed a review in the billing month) at the rates of the selected plan, billed via Stripe in the currency displayed at checkout, exclusive of VAT. Seat counts reconcile automatically from repository activity. Late payment may result in suspension of paid features after notice; statutory commercial interest and collection costs apply to overdue amounts. Nextarp may adjust list prices with at least one month's notice, effective from the next renewal.

6. Intellectual property

Nextarp owns all intellectual property in the Service, its software, models' configurations, documentation and reports. The Customer receives a non-exclusive, non-transferable right to use the Service and its output for internal business purposes during the subscription term. The Customer's source code and repository data remain the Customer's property; Nextarp claims no rights in them and does not use them to train models.

7. Confidentiality

Each party keeps the other's confidential information confidential and uses it only for purposes of the agreement, disclosing it only to personnel, affiliates and advisors under equivalent obligations, or where legally required with prompt notice where permitted.

8. Data protection

Where Nextarp processes personal data on the Customer's behalf (commit author names and emails, reviewer identities, workspace user accounts), it does so as processor under the GDPR, only per the Customer's documented instructions as embodied in the Service. Source code is processed transiently in memory and never stored. Sub-processors: Google Cloud (EU region — hosting and analysis) and Stripe (billing); the Customer authorizes these and will be notified of changes. Nextarp implements appropriate technical and organizational measures, assists with data-subject requests, reports personal data breaches without undue delay and in any case within 48 hours, and on termination deletes workspace personal data unless retention is legally required. The Customer may commission an annual audit at its own expense by an independent certified expert.

9. Liability

Neither party excludes liability that cannot lawfully be excluded. Nextarp's total liability under the agreement is limited to 100% of the fees paid by the Customer in the 12 months preceding the event, or €200,000, whichever is lower. Nextarp is not liable for indirect or consequential damages, lost profits, loss of goodwill, loss of data recoverable from the Customer's own systems, or decisions the Customer takes about its personnel based on Service output — assessment signals are decision support, not verdicts.

10. Termination for cause

Either party may terminate with immediate effect if the other materially breaches and fails to remedy within a reasonable period after written notice, or upon the other party's bankruptcy, suspension of payments, or liquidation. Amounts invoiced for the current period remain due; payment obligations are always material.

11. Force majeure

Neither party is required to perform while prevented by circumstances beyond its reasonable control, including failures of suppliers, electricity, internet, cloud infrastructure, government measures, and pandemics. If force majeure lasts more than 90 days, either party may terminate; delivered periods are settled pro rata.

12. General

Modifications to these terms are announced at least one month before taking effect; continued use after that constitutes acceptance. Nextarp may involve affiliates in performance while remaining fully liable. Void provisions do not affect the remainder. The agreement is governed by the laws of the Netherlands; disputes are submitted to the competent court in Rotterdam.

Contact

Nextarp B.V., Wilhelminaplein 1, 3072 DE Rotterdam, The Netherlands · +31 10 257 99 99 · info@nextarp.com