Terms of Service

Welcome to NEXNUV (“NEXNUV,” “we,” “our,” or “us”). By accessing, browsing, registering for, or utilizing our website (nexnuv.com), customer portals, SaaS enterprise products (including NEXNUV HRMS, NEXNUV CRM, NEXNUV ERP, NEXNUV LMS, NEXNUV Recruitment, NEXNUV O-Dialer), custom software deliverables, APIs, and cloud infrastructure consulting (collectively, the “Services”), you expressly agree to be bound by these Terms of Service.

If you do not agree with any provision of these Terms, you must discontinue all access to and use of our Services immediately.

You represent and warrant that you are at least 18 years of age and possess full legal power, authority, and capacity to enter into these Terms. If you register or use the Services on behalf of a company, corporation, government agency, or other legal entity, you represent and warrant that you have full authorization to bind that entity to these Terms.

• Credential Confidentiality: Account holders are strictly responsible for maintaining the confidentiality of their authentication credentials, MFA keys, and API tokens.
• Notification of Breach: You agree to notify NEXNUV immediately at security@nexnuv.com upon becoming aware of any unauthorized account access.
• Authorized Tenant Users: Enterprise accounts may designate administrative and end-user access roles, each bound by organizational security parameters.

NEXNUV delivers high-performance enterprise digital solutions across multiple specialized disciplines:

NEXNUV IP: All proprietary software, SaaS platforms, design systems, algorithms, interfaces, trademarks, service marks, logos, documentation, and technical methodologies embedded within the Services are and shall remain the exclusive intellectual property of NEXNUV and its licensors.

Limited License: Subject to compliance with these Terms and payment of applicable licensing fees, NEXNUV grants you a limited, non-exclusive, non-transferable, revocable license to access and use the subscribed Services solely for internal business operations.

Confidentiality Obligations:Both parties agree to protect the other party’s non-public proprietary information with the same degree of care they exercise for their own confidential assets (and in no event less than reasonable care). Confidential information shall never be disclosed to third parties except as required for service delivery or compelled by valid legal mandate.

You agree not to use the Services to:

• Reverse engineer, decompile, disassemble, or derive the source code of any NEXNUV platform or component.
• Conduct unauthorized penetration testing, vulnerability scanning, or security probing without prior written authorization from NEXNUV.
• Scrape, crawl, or harvest data through automated bots, scrapers, or spiders outside published, authorized APIs.
• Transmit malware, viruses, Trojan horses, ransomware, or malicious automated routines.
• Circumvent or subvert tenant boundaries, authentication controls, or billing metering mechanisms.
• Infringe upon or violate the intellectual property, privacy, or statutory rights of third parties.

NEXNUV targets a 99.9% uptime availability for its enterprise cloud SaaS platforms, excluding scheduled maintenance windows and force majeure occurrences. Scheduled maintenance will be announced in advance through administrative dashboards or email notices. Specific enterprise SLAs, penalty credits, and response time commitments are formally established in your Master Services Agreement (MSA).

Fees for NEXNUV SaaS subscriptions, cloud solutions, and bespoke software development are defined in the relevant order forms, Statements of Work (SOWs), or invoices.

• Payment Terms: All invoices are payable within thirty (30) days from the invoice date unless otherwise specified in your agreement.
• Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities.
• Late Payments: Overdue amounts may incur late interest at the rate of 1.5% per month or the maximum permissible by law, plus collection expenses.

Our Services may interface with third-party software, cloud infrastructure providers (such as Amazon Web Services, Microsoft Azure, Google Cloud), payment gateways, and client third-party APIs. NEXNUV does not warrant or assume liability for third-party software products, downtime originating upstream from third-party networks, or third-party service deprecations.

EXCEPT AS EXPRESSLY SET FORTH IN A FORMAL WRITTEN ENTERPRISE AGREEMENT, NEXNUV SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXNUV DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXNUV, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

IN NO EVENT SHALL NEXNUV’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO NEXNUV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Each party agrees to defend, indemnify, and hold harmless the other party, its affiliates, directors, officers, and employees from and against any third-party claims, liabilities, damages, and reasonable legal expenses arising from gross negligence, willful misconduct, or unauthorized infringement of intellectual property.

Either party may terminate the Services in accordance with the terms specified in their active enterprise contract. NEXNUV reserves the right to suspend or terminate account access immediately if you commit a material breach of these Terms, fail to remediate non-payment within fifteen (15) days of notice, or engage in conduct that jeopardizes platform stability or other clients’ security. Upon termination, you retain the right to extract your Customer Data in standard format within thirty (30) days.

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the jurisdiction specified in your active enterprise contract, without regard to conflict of laws principles. The parties agree to first seek amicable dispute resolution through senior management negotiations before submitting unresolved disputes to binding commercial arbitration.

We may revise these Terms of Service at our sole discretion to reflect operational enhancements, new software feature releases, or statutory updates. When amendments are posted, the revised date at the top of this document will be updated. Your continued use of the Services after published revisions constitutes acceptance of the amended Terms.

Formal legal notices, contract inquiries, and compliance inquiries should be directed to our Legal Department: