1. Acceptance of Terms
Welcome to NEXUS AI. These Terms and Conditions ("Terms") govern your access to and use of NEXUS AI's website, services, and any related applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Important: If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and "you" will refer to both you individually and the entity you represent.
If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services following any changes constitutes acceptance of those changes.
2. Description of Services
NEXUS AI provides AI-driven engineering services including but not limited to:
- AI-powered application development and integration
- Cloud infrastructure engineering and optimization
- DevOps automation and CI/CD pipeline implementation
- Cloud migration and modernization services
- Machine learning and AI model development
- Consulting and strategic advisory services
2.1 Service Availability
While we strive to maintain high availability, we do not guarantee uninterrupted access to our Services. Scheduled maintenance, security updates, and unforeseen circumstances may result in temporary service interruptions. We will provide reasonable advance notice of planned maintenance when possible.
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.
3. User Accounts
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your login credentials
- Accept responsibility for all activities under your account
- Immediately notify us of any unauthorized use of your account
3.1 Account Security
You are responsible for implementing appropriate security measures for your account, including using strong passwords and enabling multi-factor authentication where available. We reserve the right to disable any account that we believe has been compromised or is being used in violation of these Terms.
4. Payment Terms
Our Services are provided on a fee basis as outlined in your service agreement or our pricing page. By engaging our Services, you agree to pay all applicable fees.
4.1 Billing
- All fees are quoted in US dollars unless otherwise specified
- Payment is due within 30 days of invoice date unless otherwise agreed
- Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
- We reserve the right to suspend Services for accounts with overdue payments
4.2 Taxes
Fees do not include taxes. You are responsible for all applicable taxes, including sales tax, VAT, or other governmental charges, except for taxes based on our net income.
4.3 Refunds
Refund policies vary by service type and are outlined in individual service agreements. Generally, fees for completed work are non-refundable. Prepaid fees for discontinued Services may be refunded on a pro-rata basis at our discretion.
5. Intellectual Property
5.1 Our Intellectual Property
All content, trademarks, service marks, trade names, logos, and intellectual property displayed on our website and in our Services ("NEXUS AI IP") are the exclusive property of NEXUS AI or our licensors. You may not use, copy, reproduce, or distribute any NEXUS AI IP without our prior written consent.
5.2 Client Intellectual Property
You retain all rights to intellectual property you provide to us ("Client IP"). By providing Client IP, you grant us a limited license to use it solely for the purpose of providing our Services to you.
5.3 Work Product
Unless otherwise specified in a separate agreement, intellectual property rights in custom work product created specifically for you shall be assigned to you upon full payment of all applicable fees. We retain the right to use general knowledge, skills, and experience acquired during the engagement.
6. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").
6.1 Permitted Disclosures
Confidential Information may be disclosed:
- To employees and contractors who need to know for purposes of the engagement
- As required by law or legal process, with reasonable advance notice when possible
- With the prior written consent of the disclosing party
6.2 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party without restriction.
7. Limitation of Liability
Important: Please read this section carefully as it limits our liability to you. If you have questions about this section, please contact us before using our Services.
7.1 Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXUS AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
7.3 Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $1,000 USD.
8. Termination
8.1 Termination by You
You may terminate your account at any time by providing written notice. Termination does not relieve you of any obligations incurred prior to termination, including payment for Services rendered.
8.2 Termination by Us
We may suspend or terminate your access to our Services at any time for any reason, including if we reasonably believe you have violated these Terms. We will provide notice of termination unless doing so would cause harm or violate legal obligations.
8.3 Effect of Termination
Upon termination: (a) your right to access our Services immediately ceases; (b) we may delete your account data after a reasonable retention period; and (c) provisions of these Terms that by their nature should survive will survive, including intellectual property, confidentiality, limitation of liability, and dispute resolution provisions.
9. Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
9.2 Arbitration
Any dispute arising from these Terms or our Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction.
9.3 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.
10. General Provisions
10.1 Entire Agreement
These Terms, together with any service agreements and policies incorporated by reference, constitute the entire agreement between you and NEXUS AI regarding your use of our Services.
10.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
10.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10.4 Contact Information
For questions about these Terms, please contact us at:
NEXUS AI Legal Department
100 AI Innovation Drive
San Francisco, CA 94105
Email: legal@nexusai.dev