Nexsa Privacy Policy
Privacy Policy Effective Date: 9/1/2025
Nexsa ("we", "our", "us") values your privacy. This Privacy Policy outlines the types of information we collect, how and why we collect it, how we use and share it, and the choices and rights you have in relation to your personal data. Whether you are a Sales Associate ("SA") or a Customer, this Policy governs your use of the Nexsa platform and explains our practices in plain language so you can make informed decisions. By accessing or using Nexsa, you agree to the collection and use of information in accordance with this Privacy Policy.
1. Information We Collect
We collect the following types of personal data:
• Phone number - required for registration and account verification via OTP.
• Username - used to create your profile.
• Email Address (optional - May be collected for communication purposes, password recovery, customer support, and important account-related notifications.
• Shopping preferences - Customers may select interests or categories for a personalized experience.
• Profile image - optional, added by the user.
• Message content - including text, images, and videos exchanged via in-app messaging.
• Gallery content - images and media uploaded by SAs and shared with Customers.
• Technical data - such as device type, IP address, crash reports, and log data.
• Usage Data - Information about how users interact with the app, including features used, session length, app screens viewed, and in-app actions.
• Location Data (if applicable) - If the user enables location services, we may collect GPS or approximate location to enhance app functionality or analytics.
• In-App Preferences and Settings - Selections made within the app, such as notification preferences, language choices, or theme settings
• Support and Correspondence - If you contact us for support or feedback, we may collect your communication and any attachments you submit.
• Invite metadata - who invited whom and timestamps.
We collect this information either directly from you (e.g., during sign-up or when using the app), automatically through your device, or from third-party service providers (e.g., Twilio for authentication, AWS for cloud storage). We do not knowingly collect sensitive personal information such as health or financial data at this time.
2. How We Use Your Information We use your data to:
• Authenticate users and enable secure login via OTP.
• Facilitate communication between SAs and their invited customers.
• Allow SAs to share content with their customer base, including one-to-one and broadcast messages.
• Display customer shopping preferences to SAs for a more relevant experience.
• Deliver push notifications.
• Monitor app performance and improve functionality.
• Troubleshoot technical issues, detect bugs or crashes, and ensure the reliability and security of our platform infrastructure.
• Conduct internal analytics, including evaluating user engagement and measuring feature usage to guide future enhancements and product development.
• Protect against fraudulent, unauthorized, or illegal activity, and to ensure compliance with our Terms of Use and applicable legal obligations.
• Prepare anonymized or aggregated reports for internal business purposes, which do not identify individual users.
We do not use your personal information for targeted advertising at this time, but certain usage data and shopping preferences may support ad targeting features in the future. If such features are implemented, we will update this Privacy Policy accordingly and, where required by law, seek your consent.
3. Broadcast Messaging
Sales Associates (“SAs”) may use Nexsa’s broadcast messaging feature to send messages, media, and promotional content to multiple Customers to whom they are directly connected through the platform. This feature is designed to allow SAs to efficiently communicate with their network of Customers while maintaining personalized engagement at scale.
Broadcast messages may include—but are not limited to—announcements about new products, sales events, promotions, curated product galleries, video content, or personalized recommendations based on a Customer’s shopping preferences or interaction history. These preferences may be collected through in-app behavior, manually selected interests, or responses to prior content.
While broadcast messages are distributed to multiple recipients simultaneously, Customers will not be able to view the identities of other recipients, and replies are kept private between the Customer and the SA. Nexsa employs safeguards to prevent spam, and all messages must comply with our Terms of Use and community guidelines.
You may manage your notification preferences within the app settings to control how and when you receive broadcast messages. Additionally, you may opt to unfollow or disconnect from a particular SA if you no longer wish to receive their communications.
SAs are solely responsible for the content they broadcast. Nexsa reserves the right to review, suspend, or remove access to the broadcast feature for any user who misuses the functionality, sends harmful or inappropriate content, or violates applicable laws or platform policies.
4. Data Sharing
We do not sell your personal information. However, in the course of providing and maintaining the Nexsa platform, we may share your personal data with trusted third-party service providers and partners who assist us in delivering core functionality and ensuring secure operations.
These third parties are contractually obligated to use your data only as necessary to provide services on our behalf and in accordance with this Privacy Policy and applicable data protection laws. The types of third-party service providers we may share your data with include:
• Cloud hosting and infrastructure providers (e.g., Amazon Web Services – AWS) to securely store and manage user data.
• Communications and authentication providers (e.g., Twilio) to facilitate account verification and in-app messaging capabilities.
• Crash reporting, error tracking, or performance monitoring tools to help us detect and fix issues within the app.
• (In the future) Analytics providers that help us understand how users interact with the platform, improve user experience, and optimize app features.
We do not allow these service providers to use your personal data for their own marketing purposes, and we prohibit them from disclosing your information to unauthorized parties.
In certain cases, we may also disclose your personal information if required to do so by law, regulation, legal process, or governmental request; to enforce our Terms of Use; to protect our rights, property, and users; or to detect, prevent, or otherwise address fraud, security, or technical issues.
If Nexsa becomes involved in a merger, acquisition, reorganization, or sale of assets, your personal data may be transferred as part of that transaction, subject to your rights under this Privacy Policy. We will provide notice before your personal information becomes subject to a materially different privacy policy.
5. Your Rights and Choices
We believe in empowering users with control over their personal information. Depending on your location and applicable law, you may have the following rights and choices regarding your personal data:
• Access and Correction: You may access and update your profile information (such as username, profile image, and shopping preferences) directly within the app through your account settings.
• Account Deletion: You may request deletion of your account and all associated personal data at any time by using the in-app account deletion feature or by contacting us at the email address provided in the “Contact Us” section below. Once deleted, your data will be permanently removed from our active systems within 30 days, unless retention is required by law or for legitimate business purposes (e.g., legal compliance, fraud prevention).
• Push Notifications: You can manage or disable push notifications by adjusting your preferences in your device’s notification settings.
• Withdrawal of Consent: If we rely on your consent to process any personal data, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of any processing carried out prior to your withdrawal.
• Right to Restrict or Object: Where applicable, you may have the right to restrict how we use your data or object to certain types of processing, such as for direct marketing.
• Right to Data Portability: Where applicable, you may request a copy of your personal data in a structured, commonly used, and machine-readable format, and you may also request that we transmit this data to another service provider.
• Right to Lodge a Complaint: If you believe your data protection rights have been violated, you have the right to lodge a complaint with a data protection authority in your jurisdiction.
To exercise any of your rights, or if you have questions about how we handle your data, you may contact us using the information provided in Section 13 ("Contact Us"). We may ask you to verify your identity before fulfilling certain requests to help protect your privacy and security.
6. Data Retention
We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including to comply with legal, regulatory, accounting, or reporting obligations, and to enforce our Terms of Use.
The specific retention period for your data may vary depending on the type of data and the purpose of processing. For example:
• Account-related data (e.g., username, phone number, preferences) is retained for as long as your account remains active.
• Message content, gallery uploads, and communication metadata may be retained to support in-app features, auditing, or security measures.
• Technical and usage data (e.g., crash logs, device information) may be retained for internal analysis and performance monitoring.
When you request account deletion or delete your account through the app, we begin the data removal process promptly. All personal data associated with your account will be permanently deleted from our active systems within 30 days, unless longer retention is required:
• To comply with applicable legal obligations (e.g., tax or regulatory requirements);
• To resolve disputes or enforce our agreements;
• To prevent fraud, abuse, or security incidents;
• Or as otherwise permitted or required by law.
Please note that certain data may remain in encrypted backups for a limited time beyond deletion but will be fully purged on a rolling basis according to our backup and recovery policies.
7. Children's Privacy
Nexsa is intended for users age 13 and older. We do not knowingly collect, solicit, or store personal information from children under the age of 13. If you are under 13, you are not permitted to register for or use the Nexsa platform.
If we become aware that we have inadvertently collected personal data from a child under the age of 13 without verified parental consent, we will take immediate steps to delete such information from our records.
Parents or legal guardians who believe that their child may have provided us with personal information are encouraged to contact us at the email address provided in the “Contact Us” section so that we can investigate and take appropriate action.
If the laws in your jurisdiction set a higher minimum age for consent to data processing than 13, we will comply with the applicable local requirement.
8. Security
We take the security of your personal information seriously and implement a range of physical, technical, and administrative safeguards to help protect it from unauthorized access, disclosure, alteration, or destruction. While no system can guarantee absolute security, we are committed to maintaining industry-standard practices to protect your data. Security measures we implement include, but are not limited to:
• OTP-based authentication for user login via phone number, reducing reliance on stored passwords.
• Encryption of data in transit using Transport Layer Security (TLS) and encryption of data at rest on our servers.
• Role-based access controls and strict permissioning protocols for internal staff and developers to limit access to sensitive data.
• Regular security audits, monitoring, and logging of system activity to detect suspicious behavior or potential vulnerabilities.
• Use of reputable third-party infrastructure providers (e.g., AWS) with robust security certifications and compliance frameworks.
In the event of a confirmed data breach, we will follow our internal incident response plan, which includes notifying affected users without undue delay and taking all legally required steps to contain and remediate the breach. If required by law (such as under the GDPR or CCPA), we will notify relevant regulatory authorities within the specified timeframe.
While we strive to protect your personal information, it is also your responsibility to take reasonable precautions when using the app, such as keeping your device secure and not sharing account access credentials with others.
9. Cookies and Tracking
Nexsa does not currently use cookies or similar tracking technologies within its mobile application or associated websites. However, we reserve the right to implement such technologies in the future to enhance user experience, perform analytics, and support certain features.
If and when cookies or tracking tools are introduced, we will provide clear notice to users and, where legally required, obtain their consent before storing or accessing information on their device.
Cookies and tracking technologies we may use in the future could include:
• Essential cookies: Necessary for core functionality of the platform.
• Performance and analytics cookies: Used to understand how users interact with the platform and improve performance.
• Functionality cookies: Allow the app to remember user preferences and settings.
• Advertising cookies (if implemented): Used to deliver personalized advertising content based on user interests or preferences.
Users will be given options to manage cookie preferences through an in-app or website banner and privacy settings panel if cookies are later introduced. Until then, your activity on Nexsa is not being tracked via cookies.
10. Legal Basis for Processing
We process your personal data only where we have a legal basis to do so. The legal bases we rely on include:
• Consent: In certain cases, we may ask for your explicit consent to collect and use your personal data (e.g., enabling optional features or providing marketing messages).
• Contractual necessity: We process data to fulfill our obligations under our Terms of Use, such as providing account access, authenticating users, and enabling communication between Customers and Sales Associates.
• Legitimate interests: We may process data to improve platform performance, enhance security, respond to inquiries, or conduct analytics—provided such processing does not override your fundamental rights and freedoms.
• Compliance with legal obligations: In some instances, we may be required to retain or share data to comply with applicable laws, legal processes, or regulatory obligations.
Where the processing of your data is based on your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of prior processing.
11. Platform Notices
Nexsa may be available through third-party platforms such as the Apple App Store and Google Play Store. These platforms may independently collect data as part of their standard operations, and such data collection is governed by their respective privacy policies.
When you download or use the Nexsa app through a third-party store or platform, you may also be subject to their:
• Terms of Service
• Privacy Policies
• App permissions (e.g., access to location, media, or device identifiers)
We encourage you to review the privacy settings and terms of these platforms to understand what data may be collected and how it may be used. Nexsa does not control, and is not responsible for, the privacy practices of third-party app stores or platforms.
Additionally, certain mobile operating systems may require users to grant specific app permissions (e.g., push notifications, media access) in order to use certain features. You can manage these permissions at any time through your device settings.
12. Do Not Track
Nexsa does not currently respond to Do Not Track (DNT) signals or similar mechanisms sent by web browsers or mobile devices. DNT is a browser setting that requests that a website disable its tracking of a user’s browsing behavior.
As there is currently no industry-wide consensus or standard on how to respond to such signals, our systems may not recognize or respond to DNT requests.
If we begin to implement tracking technologies in the future, we will update this section to reflect how we handle DNT signals and other global privacy control (GPC) mechanisms, including whether users can opt out of behavioral tracking or interest-based advertising.
13. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our business practices, legal or regulatory requirements, or platform functionality. When we make material changes to this Privacy Policy, we will provide clear notice through the app interface and/or via email (if you have provided an email address).
The "Effective Date" at the top of this Policy indicates when the current version came into force. We encourage you to review this Policy periodically to stay informed about how we collect, use, and protect your information.
Your continued use of the Nexsa platform after any updates to this Policy constitutes your acceptance of the revised terms, unless otherwise required by applicable law. If you do not agree with the updated Privacy Policy, you must discontinue your use of the platform.
Nexsa Terms & Conditions
Terms of Service Effective Date: 9/1/2025
Welcome to Nexsa! These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Nexsa (“Nexsa,” “we,” “us,” or “our”) governing your access to and use of the Nexsa mobile application, website, and related services (collectively, the “Platform”).
By accessing or using the Platform in any manner, including but not limited to creating an account, browsing content, or communicating with other users, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.
Nexsa may update these Terms or our Privacy Policy from time to time to reflect legal, technical, or operational changes. When we make material changes, we will notify you by in-app notice, email, or other reasonable means.
We encourage you to review the Terms and Privacy Policy periodically. Continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms. A changelog of material revisions may be maintained for transparency at [Insert URL if applicable].
Nexsa may, in the future, display advertising, affiliate content, referral links, or promotional offers on the Platform. By using the Platform, you acknowledge and agree that:
• Sales Associates or Users may share affiliate links, paid endorsements, or sponsored content. These users are responsible for complying with applicable laws, including FTC disclosure rules.
• Nexsa may display or integrate targeted advertising or sponsored content. Your interaction with such content is governed by these Terms and our Privacy Policy.
• You may opt in to receive promotional communications, referral rewards, or partner offers by email or SMS. By providing your phone number or email, you consent to such outreach. You may unsubscribe at any time via the provided instructions.
Nexsa reserves the right to update this section as monetization features are introduced. For more information, see our Privacy Policy.
1. User Eligibility
You may only use the Nexsa Platform if you meet all of the following eligibility criteria:
• Minimum Age Requirement: You must be at least 13 years of age to use the Platform. If you are under 13, you are not permitted to access or use Nexsa under any circumstances, and we do not knowingly collect personal information from users under that age.
• Legal Capacity: You must have the legal capacity to enter into a binding contract in your jurisdiction of residence. By registering an account or using the Platform, you represent and warrant that you meet this requirement. If you are using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
• Compliance with Laws: You may not use the Platform if your use would violate any applicable local, state, national, or international laws or regulations.
Nexsa reserves the right to refuse access to the Platform, suspend accounts, or terminate your use if we have reason to believe you do not meet these eligibility requirements or have otherwise violated these Terms.
2. Who It's For
The Nexsa Platform is designed to facilitate seamless interaction and content sharing between two distinct user types: Sales Associates and Customers. By registering as either user type, you agree to use the Platform solely in accordance with your designated role.
Sales Associates (“SAs”)
Sales Associates are individuals or businesses authorized to promote products, share content, and interact with their invited customer base. As a Sales Associate, you may:
• Create and manage a Shopspace (also referred to as a “Gallery”) to showcase products, promotional content, or branded media;
• Send one-to-one and broadcast messages to Customers with whom you are connected;
• Upload and organize media files (e.g., product images, videos, promotions) for sharing within the app;
• Track engagement from Customers and manage communication preferences;
• Use the Platform for commercial purposes consistent with these Terms and all applicable laws.
You are responsible for ensuring that any content you upload or share complies with intellectual property laws, does not violate third-party rights, and adheres to Nexsa’s Acceptable Use Policy (see Section 4).
Customers
Customers are end-users who engage with the Platform to explore personalized shopping content and communicate with their chosen Sales Associates. As a Customer, you may:
• Join the Platform by invitation from a registered Sales Associate;
• Select and manage your shopping preferences to receive more relevant content and product suggestions;
• Engage in private messaging with your Sales Associate(s) and receive broadcast messages;
• Share media and responses within the app to facilitate two-way communication;
• Invite other users to join Nexsa through referral features, subject to platform limits and conditions.
Customers acknowledge that Sales Associates control the content they share, and Nexsa does not pre-screen or endorse such content. If you believe a Sales Associate has violated these Terms or your rights, you may report such conduct through the Platform’s support channels.
3. Your Account
To access and use the Nexsa Platform, you must first create an account by registering with a valid mobile phone number. Account creation and authentication are completed through a one-time password (OTP) verification system, which eliminates the need for traditional passwords.
By creating an account, you agree to the following:
• Accurate Information: You agree to provide accurate, complete, and up-to-date information during the registration process and to promptly update your information if it changes.
• Account Security: You are solely responsible for maintaining the confidentiality of your login credentials, including the OTP verification process. You must not share access to your account with any other individual or entity.
• Unauthorized Use: You agree to notify us immediately at support@nexsa.social if you suspect or become aware of any unauthorized use of your account or any breach of security. Nexsa is not responsible for any losses or damages arising from unauthorized use of your account unless caused by our negligence.
• Single Account Policy: Unless expressly authorized by Nexsa, you may only register and maintain one account per user. Creating multiple accounts to bypass limitations or restrictions is strictly prohibited.
• Account Ownership: If you are using Nexsa on behalf of a business, the account and all associated data may be deemed the property of that business entity, subject to our verification procedures and applicable agreements.
We reserve the right to suspend, restrict, or terminate your account if we determine that you have violated these Terms, engaged in fraudulent activity, or compromised the security or integrity of the Platform.
4. Acceptable Use
You agree to use the Nexsa Platform only for lawful purposes and in a manner that is consistent with these Terms and all applicable laws and regulations. You further agree that you will not, directly or indirectly, engage in any of the following prohibited activities:
• Harassment and Abuse: Upload, send, post, or otherwise transmit any content that is harassing, threatening, abusive, hateful, defamatory, obscene, vulgar, or otherwise offensive, including content that promotes discrimination or violence based on race, gender, religion, nationality, disability, sexual orientation, or age.
• Spam and Misuse of Features: Use the broadcast or messaging features to send unsolicited or repetitive messages (spam), chain letters, promotional offers unrelated to your Shopspace, or misleading communications intended to deceive or defraud other users.
• Infringement of Rights: Upload, share, or distribute any content that you do not own or have the lawful right to use, including copyrighted materials, trademarks, or proprietary information belonging to others.
• Platform Disruption: Attempt to interfere with the normal functioning of the Platform, including by introducing viruses, malware, bots, or other harmful code; conducting denial-of-service attacks; or circumventing or breaching security or authentication measures.
• Impersonation and Fraud: Impersonate any individual or entity, misrepresent your affiliation, or create false identities for deceptive purposes.
• Data Harvesting and Unauthorized Use: Use automated tools (e.g., bots, scrapers, or crawlers) to collect data from the Platform or to access user information without authorization. You may not copy, reverse-engineer, or attempt to derive source code from any part of the Platform.
• Unauthorized Commercial Use: Use the Platform for purposes other than those intended, including conducting or promoting outside sales unrelated to your role as an authorized Sales Associate, or advertising third-party products or services without Nexsa’s prior written consent.
We reserve the right to investigate and take any appropriate action — including suspending, terminating, or reporting your account to law enforcement — if we believe that you have violated this Acceptable Use Policy.
5. Broadcast Feature
The Nexsa Platform allows registered Sales Associates (“SAs”) to use a broadcast messaging feature to send content—including messages, promotions, and media—to multiple Customers with whom they are connected.
By accepting an invitation from a Sales Associate and joining the Platform, you consent to receive broadcast communications from that SA, which may include commercial messages, product promotions, and other content relevant to the SA’s Shopspace.
You acknowledge and agree to the following:
• One-Way Communication: Broadcast messages are not group chats. Recipients cannot see each other or respond in a group format; replies are private between each Customer and their SA.
• Personalized Messaging: Broadcast content may be personalized based on your shopping preferences or engagement history, but all broadcast communications are solely created and distributed by the sending Sales Associate.
• Opt-Out: You may opt out of broadcast communications from a specific SA at any time by disconnecting from that SA or deleting your account.
• No Moderation by Nexsa: Nexsa does not pre-screen, monitor, or endorse the content of individual broadcast messages. While we provide the technology that enables messaging, each Sales Associate is solely responsible for the content they send, and for ensuring that such content complies with these Terms, our Acceptable Use Policy, and applicable laws.
If you receive any broadcast message that you believe violates these Terms or is inappropriate, you may report it directly through the in-app reporting feature or by contacting us at support@nexsa.social.
6. Your Content & Our Rights
As a user of the Platform, you may upload, transmit, or otherwise share content including but not limited to photos, messages, profile images, product media, and other materials (collectively, “User Content”). You retain full ownership of any User Content you create and post through the Platform.
However, by submitting, uploading, or otherwise making User Content available on or through Nexsa, you grant Nexsa a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, display, perform, transmit, and distribute such content solely for the purpose of operating, improving, marketing, and providing the Platform and related services. This license is limited to uses that are consistent with our Privacy Policy and these Terms.
You acknowledge and agree that:
• You are solely responsible for all User Content you submit or share, and you represent and warrant that you have all rights, licenses, and permissions necessary to grant the above license to Nexsa.
• Your User Content must not infringe the intellectual property, privacy, publicity, or other rights of any third party, and must not violate any applicable law or these Terms.
• We do not claim ownership of your User Content, but we may remove or disable access to any content that we believe, in our sole discretion, violates these Terms or applicable law, or that poses a risk to Nexsa or its users.
• We may retain copies of your User Content for backup, support, or legal compliance purposes, even after you delete your account or remove specific content, subject to applicable laws and our data retention policies.
• We do not guarantee the confidentiality of any content you post on public or semi-public areas of the Platform, and you should not upload content you consider sensitive or confidential unless required for the platform’s intended use.
If you believe that any content on the Platform infringes your copyright, trademark, or other rights, you may submit a takedown notice to us at [Insert Contact Email] with the following information: (i) your contact information, (ii) a description of the allegedly infringing content, (iii) a statement that you believe in good faith that the use is unauthorized, and (iv) your signature. We reserve the right to remove or disable access to such content at our sole discretion.
Nexsa is not a party to any transaction or agreement between Sales Associates and Customers, including product purchases, payments, or service arrangements. We do not verify, endorse, or guarantee any user-submitted content or third-party offerings. Any disputes arising between users, including Sales Associates and Customers, are solely between those parties. By using the Platform, you release Nexsa from any claims, demands, or damages arising from such disputes. If a dispute involves a potential violation of these Terms, you may report it to Nexsa through our in-app reporting features.
7. License to Use
Subject to your compliance with these Terms, Nexsa grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for your personal or authorized commercial use, in accordance with your designated user type (Sales Associate or Customer).
This license does not grant you any rights to:
• Copy, reproduce, modify, distribute, sell, sublicense, or lease any part of the Platform;
• Decompile, reverse engineer, or attempt to extract the source code of the Platform or its underlying software, except to the extent such restriction is expressly prohibited by applicable law;
• Interfere with or circumvent any security or authentication features of the Platform;
• Access the Platform to build a competitive product or service or to benchmark features or performance.
All rights not expressly granted to you under these Terms are reserved by Nexsa and its licensors.
8. User Responsibilities
By using the Platform, you agree to:
• Provide accurate and current information during account registration and keep it updated at all times;
• Maintain the confidentiality of your account and device credentials, and immediately notify us of any unauthorized use or security breach;
• Use the Platform in compliance with all applicable local, state, national, and international laws, regulations, and industry standards;
• Refrain from impersonating any individual or entity, or misrepresenting your affiliation with any person or organization;
• Respect the rights, dignity, and privacy of other users, including refraining from sending abusive, misleading, or harmful messages or content;
• Promptly comply with requests from Nexsa or legal authorities in connection with investigations, complaints, or claims related to your use of the Platform.
Users must not share credit card numbers, banking details, or other sensitive financial information within chat messages or other areas of the Platform. Nexsa does not store, process, or transmit such data in compliance with PCI-DSS or equivalent financial security standards. By using the Platform, you acknowledge that chat messages are not a secure method of payment and that Nexsa is not liable for any loss, breach, or misuse of financial data shared through user messages. You are solely responsible for your conduct and the content you submit on the Platform. Nexsa assumes no responsibility for any loss or damage arising from your failure to comply with these obligations.
9. Platform Modifications
Nexsa continuously works to improve its services and may, at its sole discretion and without prior notice, modify, suspend, or discontinue all or any part of the Platform, its features, or functionality, including the availability of content or third-party integrations.
You acknowledge and agree that:
• Nexsa is not liable to you or to any third party for any modification, suspension, or discontinuation of any aspect of the Platform;
• We may implement updates, patches, bug fixes, or other changes that may alter how the Platform functions, including introducing new features or removing old ones;
• We reserve the right to impose limits on usage, such as storage limits, rate limits, or other technical restrictions, with or without notice;
• We may offer experimental or beta features that are not guaranteed to be stable, secure, or supported, and your use of such features is at your own risk.
Where legally required or materially relevant, we will make reasonable efforts to notify you of major changes that affect your use of the Platform.
10. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Nexsa, its affiliates, officers, directors, employees, licensors, partners, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
• Your access to or use of the Platform;
• Your violation of these Terms or any applicable law or regulation;
• Any content you submit, post, transmit, or otherwise make available through the Platform;
• Your interactions with other users, including any disputes or complaints involving Sales Associates or Customers;
• Any third-party claim that your conduct or content infringes, misappropriates, or otherwise violates their rights.
Nexsa reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense and pay all costs associated with it. This obligation will survive the termination of these Terms and your use of the Platform.
11. Disclaimer
THE NEXSA PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, Nexsa disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation:
• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Platform will be uninterrupted, secure, error-free, or free from viruses or other harmful components;
• Warranties regarding the accuracy, completeness, or reliability of any content or communications transmitted via the Platform;
• Warranties concerning any third-party services or content accessed through the Platform.
You use the Platform at your own risk. Nexsa does not guarantee any results from the use of the Platform, including sales, conversions, or customer engagement. You are solely responsible for your interactions with other users, and Nexsa is not responsible for any disputes that may arise between you and other parties.
Some jurisdictions do not allow certain exclusions or limitations of warranties, so some of the above exclusions may not apply to you.
12. Intellectual Property
The Nexsa Platform and all content and materials contained therein—including but not limited to the software, source code, user interface, features, functionality, design, layout, text, graphics, logos, trademarks, trade names, service marks, audio, video, and other media—are the exclusive property of Nexsa or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.
You acknowledge and agree that:
• All rights, title, and interest in and to the Platform and its content are and shall remain vested in Nexsa and its licensors;
• Nothing in these Terms shall be construed as granting you any ownership interest or intellectual property rights in the Platform or any part thereof, except the limited license expressly provided in Section 7 (“License to Use”);
• You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of the Platform without prior written consent from Nexsa, except as permitted by law or under these Terms;
• You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Platform or any portion thereof.
All Nexsa logos, product names, and brand elements are trademarks or registered trademarks of Nexsa. You may not use any of Nexsa’s marks or branding without our express prior written permission.
If you believe that any content on the Platform infringes your intellectual property rights, please contact us at support@nexsa.social with appropriate notice and documentation.
13. No Warranty / Limitation of Liability
THE NEXSA PLATFORM, INCLUDING ALL CONTENT, FEATURES, SERVICES, AND FUNCTIONALITY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEXSA EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, OR ERROR-FREE;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS;
• WARRANTIES RELATING TO ANY USER-GENERATED CONTENT OR THIRD-PARTY CONTENT OR SERVICES ACCESSIBLE THROUGH THE PLATFORM.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXSA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM—EVEN IF NEXSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, NEXSA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO NEXSA IN THE PAST TWELVE (12) MONTHS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH CASES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT REQUIRED BY LAW.
14. Termination
You may terminate your relationship with Nexsa at any time by deleting your account through the in-app settings or by contacting us directly at support@nexsa.social. Upon termination, your access to the Platform and any associated data, features, or functionality will be revoked. Please note that certain residual data may be retained for a limited period in accordance with our Privacy Policy and applicable law.
Nexsa reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or terminate your account or access to the Platform at any time, for any reason, including but not limited to:
• Violation of these Terms or our Privacy Policy;
• Conduct that we believe is harmful, fraudulent, harassing, illegal, or abusive;
• Use of the Platform in a manner that disrupts or harms Nexsa, its users, or third-party partners;
• Requests by law enforcement or regulatory authorities;
• Extended periods of inactivity.
Upon termination for any reason:
• Your license to use the Platform and all rights granted under these Terms will immediately cease;
• We may, but are not obligated to, delete your content and data from our systems;
• You remain responsible for any obligations or liabilities incurred prior to termination.
The following sections shall survive termination: Intellectual Property, User Content License, Indemnification, No Warranty / Limitation of Liability, Dispute Resolution, and any other provisions that by their nature should reasonably be expected to survive termination.
Nexsa is not liable to you or any third party for any modification, suspension, or termination of your access to the Platform.
15. Changes
We may update these Terms as Nexsa evolves. If we make significant changes, we'll notify you in the app. Continued use means you accept the updates.
16. Entire Agreement
These Terms of Service, together with our Privacy Policy and any additional terms or policies referenced herein or made available through the Platform, constitute the complete and exclusive agreement between you and Nexsa with respect to the subject matter herein, and supersede all prior or contemporaneous agreements, understandings, representations, communications, and proposals—whether oral or written—between you and Nexsa.
You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in these Terms. Any waiver, modification, or amendment of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Nexsa.
17. Waiver
No waiver of any term, condition, or breach of these Terms by Nexsa shall be deemed a waiver of any other term, condition, or subsequent breach, whether of a similar or different nature.
The failure of Nexsa to enforce any right or provision under these Terms shall not be construed as a waiver of such right or provision, nor shall it prevent or limit our right to enforce the same at a later time. All waivers must be in a written instrument executed by a duly authorized representative of Nexsa. No course of conduct or trade practice shall be construed to modify any provision of these Terms.
18. Severability
If any provision of these Terms is held to be invalid, unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed from the remainder of these Terms and the remaining provisions shall remain in full force and effect.
To the extent permitted by law, the parties agree that any unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent and purpose of the unenforceable provision while maintaining the overall balance of the agreement.
19. Headings
Section titles, captions, headings, and formatting conventions used in these Terms are for convenience only and have no legal or contractual effect. They are not intended to affect the interpretation or meaning of the provisions to which they relate and shall not be used to limit or expand the scope of any such provision.
20. Governing Law
These Terms are governed by the laws of the State of California. Disputes will be resolved through binding arbitration, unless otherwise required by law. You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with Nexsa shall be resolved exclusively by final and binding arbitration, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except where otherwise prohibited by law. Judgment on the arbitration award may be entered in any court having jurisdiction.
YOU AND NEXSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This arbitration provision shall survive the termination of these Terms and your use of the Platform. If a court finds this arbitration clause unenforceable, the parties agree that exclusive jurisdiction and venue shall be in the state or federal courts located in San Diego, California.
Contact Us
If you have questions about these Terms, please email us at support@nexsa.social