Terms and Conditions

Nexistry Core – Business Automation Platform

1. ACCEPTANCE OF TERMS

By accessing, subscribing to, or using Nexistry Core (the “Platform”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the Platform.

These Terms constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Nexistry Digital Solutions (“Nexistry,” “we,” “us,” or “our”).

2. SERVICE DESCRIPTION

Nexistry Core is a comprehensive business automation platform that provides:

  • Customer Relationship Management (CRM)

  • Email and SMS marketing tools

  • Landing page and funnel builders

  • Marketing automation workflows

  • Appointment scheduling

  • Analytics and reporting

  • Optional AI automation features

  • Optional third-party integrations

  • Optional dedicated support services

The Platform is delivered as a Software-as-a-Service (SaaS) subscription accessible via web browser.

3. SUBSCRIPTION PLANS AND PRICING

3.1 Available Plans

  • Starter Plan: $100/month

  • Flexible Plan: $200/month

  • Premium Plan: $297/month

  • AI Plan: Custom pricing based on requirements

3.2 Add-On Services

  • AI Add-On: +$150/month (for Flexible and Premium Plans)

  • Third-Party Integration: +$100/month (for Flexible and Premium Plans only)

  • Support Service Upgrade: Custom pricing (20 or 40 hours per week options)

3.3 Payment Terms

  • All subscriptions are billed monthly in advance via recurring subscription.

  • Payments are processed on the same day each month as your subscription start date.

  • All prices are in USD unless otherwise specified.

  • Prices are subject to change with 30 days notice to existing customers.

  • New pricing does not affect existing subscribers during their active subscription period.

  • Payment is required before service activation.

3.4 Payment Methods

We accept payment via:

  • Credit/Debit Cards

  • PayPal

  • Other payment processors as made available on the Platform

3.5 Billing Cycle

  • Monthly subscriptions renew automatically on the same date each month.

  • You will receive a receipt via email after each successful payment.

  • Failed payments may result in service suspension until payment is updated.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

  • You must provide accurate, current, and complete information during registration.

  • You must be at least 18 years old or the age of majority in your jurisdiction.

  • One account per business entity unless otherwise agreed.

  • Business accounts require valid business information.

  • Service activation occurs after payment confirmation.

4.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials.

  • You are responsible for all activities that occur under your account.

  • You must notify us immediately of any unauthorized access or security breach.

  • We are not liable for any loss or damage from your failure to maintain account security.

4.3 Account Suspension

We reserve the right to suspend or terminate accounts that:

  • Violate these Terms.

  • Engage in fraudulent activity.

  • Use the Platform for illegal purposes.

  • Abuse or misuse Platform features.

  • Have chargebacks or payment disputes.

  • Have unpaid subscription fees.

5. ACCEPTABLE USE POLICY

5.1 Permitted Use

You may use the Platform for:

  • Managing legitimate business operations.

  • Marketing your legal products and services.

  • Communicating with your customers.

  • Automating business workflows.

5.2 Prohibited Use

You may NOT use the Platform for:

  • Spam or unsolicited bulk email (SPAMMING).

  • Phishing, fraud, or deceptive practices.

  • Distributing malware or viruses.

  • Illegal activities or promoting illegal products/services.

  • Adult content, gambling, or controlled substances (unless legally licensed).

  • Pyramid schemes or multi-level marketing scams.

  • Hate speech, harassment, or discrimination.

  • Violating any applicable laws or regulations.

  • Infringing on intellectual property rights.

  • Scraping or unauthorized data collection.

  • Overwhelming our systems (abuse of resources).

5.3 Content Responsibility

  • You are solely responsible for all content created, stored, or transmitted through the Platform.

  • You must have proper rights and permissions for all content you upload.

  • You must comply with anti-spam laws (CAN-SPAM, GDPR, CASL, etc.).

  • You must obtain proper consent before sending marketing communications.

6. DATA AND PRIVACY

6.1 Data Ownership

  • You retain all rights to your customer data and content.

  • You grant us a license to process your data solely to provide the Platform services.

  • We do not sell your data to third parties.

6.2 Data Security

  • We implement industry-standard security measures.

  • We maintain 99.9% uptime commitment.

  • We use enterprise-grade encryption for data transmission and storage.

  • However, no system is 100% secure – you use the Platform at your own risk.

6.3 Data Privacy

  • Our collection and use of personal information is governed by our Privacy Policy.

  • You must comply with all applicable data protection laws (GDPR, CCPA, etc.).

  • You are responsible for obtaining consent from your customers for data processing.

6.4 Data Backup

  • We perform regular automated backups.

  • You are responsible for maintaining your own backups of critical data.

  • We are not liable for any data loss.

7. INTELLECTUAL PROPERTY

7.1 Platform Ownership

  • Nexistry Core and all related technology, software, and content are owned by Nexistry Digital Solutions.

  • These Terms do not grant you any intellectual property rights in the Platform.

  • All trademarks, logos, and brand elements are property of Nexistry.

7.2 Your Content

  • You retain ownership of all content you create or upload.

  • You grant us a non-exclusive license to use your content to provide services.

  • This license ends when you delete content or terminate your account.

7.3 Feedback

  • Any feedback, suggestions, or ideas you provide become our property.

  • We may use feedback without obligation or compensation to you.

8. THIRD-PARTY INTEGRATIONS

8.1 Integration Services

  • Third-party integration add-on (+$100/month) enables connections to external services.

  • Integrations are subject to third-party terms and availability.

  • We do not guarantee compatibility with all third-party services.

8.2 Third-Party Responsibility

  • We are not responsible for third-party service performance or availability.

  • Changes to third-party APIs may affect integration functionality.

  • You must comply with third-party terms of service.

9. AI SERVICES

9.1 AI Plan Terms

  • AI Plan pricing is custom based on your specific requirements.

  • AI configuration requires discovery call and proposal approval.

  • AI development timeline varies based on complexity.

  • AI features are provided “as-is” with continuous improvement efforts.

  • Payment terms are specified in the individual AI proposal.

9.2 AI Add-On Terms

  • AI Add-On (+$150/month) is available for Flexible and Premium Plans.

  • Includes conversational AI, lead handling, and automated responses.

  • AI accuracy and performance may vary.

  • Human oversight is recommended for critical business decisions.

9.3 AI Limitations

  • AI is not perfect and may make errors.

  • You are responsible for reviewing AI-generated content and communications.

  • We are not liable for decisions made based on AI recommendations.

10. SUBSCRIPTION MANAGEMENT AND CANCELLATION

10.1 Subscription Service Model

  • Nexistry Core operates on a subscription service basis.

  • Each billing period provides access to services for that specific period.

  • Services are delivered and consumed during the active subscription period.

  • Once service is provided for a billing period, the fee for that period is fully earned.

10.2 Cancellation Policy

  • You may cancel your subscription at any time.

  • Cancellation takes effect at the end of your current billing period.

  • You will retain access to the Platform until the end of your paid period.

  • After cancellation, your data will be available for download for 30 days.

  • To cancel, contact support or use the cancellation option in your account settings.

10.3 No Refund Policy

IMPORTANT: All fees are non-refundable.

  • Monthly subscription fees are non-refundable once the billing period begins.

  • Setup fees and onboarding fees are non-refundable.

  • Add-on services fees are non-refundable for the current billing period.

  • Custom AI development fees follow payment terms in the individual proposal.

  • No partial refunds for unused time within a billing period.

Reason: Services are provided and consumed on a per-billing-period basis. Once you have access to the Platform for a given month, the service has been delivered and the fee is earned, regardless of actual usage.

10.4 Termination by Nexistry

We may terminate your account immediately if:

  • You violate these Terms.

  • You engage in fraudulent or illegal activity.

  • Your account poses security risks.

  • You have unpaid fees after the grace period.

  • You initiate chargebacks or payment disputes.

In case of termination for cause, no refunds will be provided and access will be immediately revoked.

10.5 Effect of Termination

Upon termination or cancellation:

  • You will lose access to the Platform.

  • Your data will be available for download for 30 days.

  • After 30 days, all data may be permanently deleted.

  • You remain liable for any unpaid fees incurred before termination.

11. CUSTOMER SUPPORT

11.1 Standard Support

All plans include:

  • 24/7 email support.

  • Knowledge base access.

  • Video tutorials and documentation.

  • Standard response time: Within 24–48 hours.

11.2 Premium Support

Support Service Upgrade (custom pricing) includes:

  • Dedicated account manager.

  • Priority technical support.

  • Custom training and optimization.

  • Faster response times.

  • 20 or 40 hours per week dedicated support.

11.3 Onboarding

  • Custom setup included with all plans.

  • Dedicated onboarding call.

  • Full migration support.

  • Onboarding timeline varies by plan complexity.

12. SERVICE LEVEL AND UPTIME

12.1 Uptime Commitment

  • We strive for 99.9% uptime.

  • Scheduled maintenance will be announced in advance when possible.

  • Uptime excludes force majeure events and circumstances beyond our control.

12.2 No Guarantee

  • We do not guarantee uninterrupted or error-free service.

  • We are not liable for any downtime or service disruptions.

  • No SLA credits or refunds for downtime unless specifically agreed in writing.

13. LIMITATIONS OF LIABILITY

13.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Platform will meet your specific requirements.

  • The Platform will be uninterrupted, timely, secure, or error-free.

  • The results obtained from use of the Platform will be accurate or reliable.

  • Any errors in the Platform will be corrected.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXISTRY SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages.

  • Loss of profits, revenue, data, or business opportunities.

  • Cost of substitute goods or services.

  • Business interruption or loss of business information.

  • Any damages arising from use or inability to use the Platform.

  • Any damages resulting from unauthorized access to your account or data.

  • Any damages resulting from errors, mistakes, or inaccuracies of content.

  • Any damages resulting from third-party integrations or services.

13.3 Maximum Liability

IN NO EVENT SHALL NEXISTRY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO NEXISTRY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

13.4 Exclusions

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nexistry Digital Solutions, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:

  • Your use of the Platform.

  • Your violation of these Terms.

  • Your violation of any third-party rights, including intellectual property rights.

  • Your violation of any applicable law or regulation.

  • Content you submit, post, or transmit through the Platform.

  • Your marketing communications sent through the Platform.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

  • Email to your registered address.

  • Notice on the Platform.

  • In-app notification.

16.2 Acceptance of Changes

  • Changes take effect 30 days after notification.

  • Continued use of the Platform after changes constitutes acceptance.

  • If you do not agree to changes, you must cancel your subscription before changes take effect.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and Nexistry regarding the Platform and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. CONTACT INFORMATION

For questions about these Terms, please contact us:

Nexistry Digital Solutions

Email: [email protected]

Website: https://nexistrycore.nexistrydigitalsolutions.com

19. ACKNOWLEDGMENT

BY SUBSCRIBING TO OR USING NEXISTRY CORE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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