These Terms of Service ("Terms") govern your access to and use of the NexiOps platform, websites, and related services (the "Services"). By using the Services, you agree to be bound by these Terms.
1. Accounts & Eligibility
- You must be at least the age of majority in your jurisdiction and authorized to enter into contracts.
- Accounts may be provisioned by your employer/organization. You are responsible for maintaining the confidentiality of your credentials and all activities under your account.
2. Subscriptions, Fees & Taxes
- Access may require a paid subscription. Fees, billing cadence, and applicable taxes are disclosed at checkout or in your order form.
- Payments are processed by third parties (e.g., Stripe/PayPal). You authorize recurring charges until cancellation per your plan terms.
- Except where prohibited by law or stated otherwise in your order form, fees are non‑refundable.
3. Acceptable Use
- Do not misuse the Services, including attempting to access data without authorization, interfering with service operations, or reverse engineering components except as permitted by law.
- Prohibited content includes unlawful, infringing, or harmful material. You must comply with all applicable laws and industry rules (e.g., TCPA, GDPR, HIPAA if applicable to your use case, and call recording/notice laws).
- You are responsible for notices and consents required for call recording and monitoring in relevant jurisdictions.
4. Telephony & Third‑Party Services
- The Services may integrate with third‑party providers (e.g., Twilio for communications, cloud hosting providers, analytics, and payment processors). Your use is also subject to those providers’ terms and policies.
- Phone numbers, messaging, and calling capabilities are provided subject to availability, regulatory limits, and our or our providers’ acceptable use policies. We may suspend features to protect the network or comply with law.
5. Customer Data & Privacy
- You retain ownership of Customer Data you submit to the Services. You grant NexiOps a limited license to process Customer Data to provide and improve the Services, consistent with the Privacy Policy.
- Where we process personal data on your behalf, we do so as a processor/service provider and will implement appropriate technical and organizational measures.
6. Intellectual Property
- We and our licensors own all rights, title, and interest in and to the Services, including software, documentation, trademarks, and content, except for Customer Data.
- Except as expressly permitted, you may not copy, modify, distribute, or create derivative works of the Services.
7. Confidentiality
Each party may disclose confidential information to the other. The receiving party will protect such information using at least reasonable care and use it only for purposes of the relationship. These obligations do not apply to information that is public, independently developed, or lawfully obtained from a third party.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, INDEMNITY, OR BREACH OF SECTION 3, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO NEXIOPS FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
10. Indemnification
You will defend, indemnify, and hold harmless NexiOps and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the Services, violation of these Terms, or infringement/misuse by your content or contact center activities.
11. Termination & Suspension
We may suspend or terminate your access for material breach, suspected fraud/abuse, or risks to security or compliance. You may terminate at any time per your plan terms. Upon termination, your right to access the Services ceases, but sections that by their nature should survive (e.g., IP, confidentiality, disclaimers, limitations) will survive.
12. Governing Law; Disputes
These Terms are governed by the laws of the United States and the State of New York, without regard to conflicts of law principles. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York.
13. Changes to the Services or Terms
We may modify the Services or these Terms to reflect operational, legal, or regulatory changes. Material changes will be posted with an updated “Last updated” date. If you continue to use the Services after changes take effect, you accept the revised Terms.
14. General
- Entire Agreement: These Terms and any order forms constitute the entire agreement regarding the Services.
- Assignment: You may not assign without our prior written consent; we may assign to an affiliate or in a merger, acquisition, or asset sale.
- Notices: We may send notices to your account email or through the Service. You may contact us at legal@nexiops.com.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No Waiver: Failure to enforce a provision is not a waiver.