Nexsa Privacy Policy
Privacy Policy
Effective Date: July 25th, 2026
Nexsa ("we", "our", "us") values your privacy. This Privacy Policy outlines the types of information we collect through the Nexsa mobile application, website, and related services, why we collect it, how we use and disclose it, how long we retain it, and the choices available to you.
This policy applies to both Sales Associates (“SAs”) and Customers. A Nexsa user may have an SA account, a Customer account, or both account types. Certain features are optional and may require you to provide information or grant a device permission before using them. 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 information that you provide, information generated when you use Nexsa, information another user may provide when adding or inviting you, and limited technical information collected through the app and our service providers:
Account and profile information
We may collect:
- Phone number - required to create an account, verify your identity, and provide OTP-based login.
- Username - used to identify your profile within Nexsa.
- Account role or roles: whether you use Nexsa as an SA, a Customer, or both.
- Email Address - optional information that may be collected for communication purposes, password recovery, customer support, and important account-related notifications.
- Shopping preferences - information a Customer may voluntarily add, such as preferred brands, styles, categories, or sizes, to help connected Sales Associates provide more relevant recommendations.
- Profile image - optional information that you may choose to add to your profile.
Contacts and invitations
If an SA chooses to use Nexsa’s contact-based add or invitation feature, the app requests permission to access contacts on the SA’s device. Depending on the permission granted through the device, the app may display all accessible contacts or only contacts selected by the user.
Contacts are displayed locally on your device. Nexsa does not upload or store the user’s entire address book and does not upload contacts for background contact matching.
Nexsa receives and stores contact information only when as SA deliberately selects a person and taps the Add button. The stored information may include the selected person’s name, phone number, and email address.
If another user adds or invites you, Nexsa may receive your name, phone number, or email address from that user before you create a Nexsa account.
Contact access is optional and may be changed through your device settings. Information relating to a selected contact or invitation may remain in Nexsa until the applicable contact or invitation is deleted or the information is removed through an account or data-deletion process.
Messages and uploaded content
We collect content users choose to create, send, or upload through Nexsa, including:
- Direct and broadcast message text;
- Images, videos, and other message attachments;
- Profile images;
- Shopspace galleries and uploaded media;
- Product links, link titles, descriptions, and other Shopspace content.
Connections and invitation information
We collect information necessary to create and maintain user relationships, including:
- Who added, invited, requested, followed, or connected with whom;
- The method or channel used for an invitation;
- Invitation and connection status;
- Acceptance, decline, creation, and other relevant timestamps.
Founding Member Program Information
If you are a Sales Associate, Nexsa may collect or generate information necessary to administer the Nexsa Founding Member Program, including:
• Your participation or eligibility status;
• The number of qualifying Customers connected to your account;
• The source, channel, and date of qualifying invitations or connections;
• Referral and attribution information used to determine which Sales Associate should receive program credit;
• Your current program tier, progress toward the next tier, highest tier achieved, and applicable milestone dates;
• Reward eligibility, reward claims, fulfillment status, and related program communications;
• Information used to identify duplicate, invalid, fraudulent, or otherwise ineligible program activity.
If you become eligible for a physical reward, you may choose to provide fulfillment information such as your full name, shipping address, email address, phone number, clothing or product size, reward selection, or other delivery preferences.
Nexsa does not require an SA to provide shipping or sizing information merely to view program progress. This information is collected only when reasonably necessary to claim, deliver, support, or administer an applicable reward.
Program progress may be calculated using account, invitation, connection, and referral information that Nexsa already collects to operate the platform.
Technical and diagnostic information
We and our service providers may collect:
- Device type;
- Operating system;
- App version;
- App or device identifiers;
- IP address;
- Push-notification token;
- Crash reports;
- Error reports;
- Performance information;
- Server logs and diagnostic information.
Our analytics providers may use an IP address or similar technical information to derive coarse geographic information, such as city, state or region, and country, for analytics and reporting. Nexsa does not request access to your device’s GPS and does not collect precise location information.
Usage, analytics, and attribution information
We may collect information about how users interact with Nexsa, including:
- App screens viewed;
- Features used;
- Session duration;
- Messages, invitations, Shopspace features, or other functions used;
- In-app actions and events;
- Deep-link and installation attribution information;
- General engagement and performance measurements.
App preferences and settings
We collect choices you make through Nexsa, such as notification settings and other app preferences.
Support and correspondence
If you contact Nexsa for support, submit feedback, use a website support form, or otherwise communicate with us, we may collect your message, contact information, and an attachments or other information you choose to submit.
Sensitive information
Nexsa is not designed to collect payment-card information, bank account information, health information, government identification numbers, or other highly sensitive personal information. Please do not send or upload this information through Nexsa messages, Shopspaces, support forms, or other app features.
Information a user voluntarily includes in a message, or upload will be processed as part of providing the applicable communication or content-sharing feature.
2. How We Use Information
We use information to:
- Create, verify, maintain, and secure user accounts;
- Support SA, Customer, and dual-role accounts;
- Authenticate users and provide OTP-based login;
- Display device contacts when a user chooses to use a contact feature;
- Add selected contacts and process invitations;
- Create and maintain requested connections between users;
- Facilitate direct and broadcast communications between connected users;
- Create, display, store, and deliver Shopspace content;
- Display Customer-provided shopping preferences to connected SAs;
- Deliver push notifications and account communications;
- Provide customer support and respond to feedback;
- Operate deep links and measure invitation and installation attribution;
- Identify troubleshoot, and repair technical problems;
- Detect and prevent fraud, abuse, unauthorized activity, and security incidents;
- Comply with legal obligations and enforce our Terms of Use;
- Create aggregated business metrics and reports;
- Improve existing features and develop new Nexsa functionality.
- Monitor app performance and improve functionality.
- Create aggregated business metrics and reports.
- Administer the Nexsa Founding Member Program;
- Determine program eligibility and calculate tier progress;
- Verify qualifying Customer connections, invitations, referrals, and milestone achievements;
- Attribute qualifying activity to the appropriate Sales Associate;
- Notify SAs about program progress, milestones, eligibility, and available rewards;
- Process reward claims and arrange reward fulfillment;
- Respond to questions or disputes concerning program status or rewards;
- Detect, duplicate, fraudulent, manipulated, or otherwise ineligible program activity;
- Create aggregated reports concerning program participation, milestone attainment, and reward fulfillment.
Information collected or generated through the Founding Member Program is used to administer, secure, evaluate, and fulfil the program. Nexsa does not use the Founding Member Program information to deliver third-party targeted advertising.
Nexsa does not sell personal information, share personal information for cross-context behavioral advertising, or use personal information to deliver third-party targeted advertising.
In this Policy, “share” in the phrase “sell or share” refers to sharing for cross-context behavioral advertising as defined under applicable California privacy law. It does not include disclosures to connected users or service providers for the operational purposes described in this Policy.
3. Broadcast Messaging
Sales Associates (“SAs”) may use Nexsa’s broadcast feature to send messages, media, product information, promotions, and other content to multiple Customers to whom they are directly connected.
Broadcast messages may include—but are not limited to—announcements about products, sales events, promotions, Shopspace content, videos, or recommendations. As SA may select recipients using information Customers have voluntarily added to their Nexsa profiles, such as shopping preferences, brands, styles, categories, or sizes.
While broadcast messages are distributed to multiple recipients simultaneously, Customers will not be able to view the identities of other recipients. Replies are kept private between the responding Customer and the sending SA.
Customers may manage device notification settings or disconnect from an SA if they no longer wish to receive communications from that SA.
SAs are responsible for the content they send. Broadcasts must comply with Nexsa’s Terms of Use, Community Guidelines, and applicable law. Nexsa may investigate reported content or suspected misuse and may restrict, suspend, or remove access to the broadcast feature where appropriate.
4. Data Sharing
Nexsa does not sell personal information or share personal information for cross-context behavioral advertising.
We disclose information only as reasonably necessary to operate, secure, supports, and improve Nexsa.
Connected Nexsa users
Information and content are disclosed according to the features users choose to use.
For example:
• Customers may disclose profiles, shopping preferences, messages, and uploaded content to connected SAs.
• SAs may disclose profiles, Shopspaces, product links, direct messages, and broadcast messages to connected Customers.
• Users involved in an invitation or connection may receive information necessary to identify and process that invitation or connection.
• Broadcast recipients do not see the identities of other recipients.
Cloud Infrastructure and storage providers
Providers such as Amazon Web services help host Nexsa’s application infrastructure, databases, backups, and uploaded content.
Authentication and communications providers
Providers such as Twilio assist with OTP account verification and SMS invitation delivery. Twilio does not operate Nexsa’s in-app chat.
Analytics, attribution, and diagnostic providers
Providers such as Google Firebase, Google Cloud and BigQuery, AppsFlyer, Sentry, and Crashlytics hep Nexsa:
• Measure app and feature usage;
• Understand installation and invitation attribution;
• Operate deep links;
• Identify crashes and errors;
• Diagnose technical problems;
• Improve performance and reliability.
AppsFlyer is used for deep linking and attribution. Firebase is not linked to Google Ads for personalized advertising. Nexsa does not provide analytics events or device identifiers to these providers for their independent advertising purposes.
Push-notification providers
Firebase Cloud Messaging and Apple Push Notification Service help deliver app notifications.
Reward Fulfillment Providers
If an SA chooses to claim a Founding Member Program reward, Nexsa may disclose the minimum information reasonably necessary to providers that hep produce, package, ship, deliver, or otherwise fulfil that reward.
Depending on the reward, this information may include:
• The recipient’s name;
• Shipping address;
• Email address or phone number;
• Reward selection;
• Clothing or product size;
• Delivery instructions;
• Program tier or reward eligibility confirmation.
Reward fulfillment providers are authorized to use this information only to provide services to Nexsa and fulfil the applicable reward. Nexsa does not authorize these providers to use Founding Member Program information for their own independent advertising or marketing purposes.
Website, form, and embedded-content providers
Our website, support forms, and embedded content may be operated or supported by providers such as Webflow, and YouTube. Information submitted through a form or collected through embedded content may also be processed by the applicable provider according to its services and privacy practices.
Legal, safety, and professional purposes
We may disclose information where reasonably necessary to:
• Comply with applicable law, legal process, or a lawful governmental request;
• Protect the rights, safety, property, and security of Nexsa, our users, or others;
• Investigate fraud, abuse, technical problems, or security incidents;
• Enforce our Terms of Use and other policies;
• Establish, exercise, or defend legal claims;
• Obtain professional legal, accounting, security, or business advice.
Business transactions
If Nexsa is involved in a merger, financing, acquisition, reorganization, bankruptcy, or sale of some or all business assets, information may be transferred as part of that transaction. We will provide notice before personal information becomes subject to a materially different privacy policy when required by law.
We use service providers to perform services on Nexsa’s behalf. Nexsa does not provide user information to those providers for their independent advertising or marketing purposes.
5. Your Choices and Privacy Rights
Access and correction
You may access and update available profile information, including your username, profile image, and shopping preferences, through your Nexsa account settings.
You may contact us to request access to or correction of other personal information associated with your account.
Device permissions
You may manage access to contacts, photos, media, camera functions, and other optional device permissions through your mobile device settings. Disabling a permission may prevent the corresponding optional feature from working.
Push notifications
You may manage or disable push notifications through your device notification settings.
Contacts and connections
You may delete contacts, invitations, or connections where that functionality is available in Nexsa. Disconnecting from an SA stops the applicable Nexsa connection and future communications through that connection.
Founding Member Program Choices
Eligible SAs may view their Founding Member Program progress within Nexsa.
Providing shipping information, sizing information, reward preferences, or other reward-fulfillment details is optional. An SA who does not wish to provide this information may decline to claim a physical reward.
An SA may update applicable reward-profile or fulfillment information through available account settings or by contacting Nexsa.
An SA may contact Nexsa to ask question about program eligibility, qualifying connections, tier status, milestone records, or reward fulfillment. Nexsa may request information reasonably necessary to verify the account and investigate the request.
Deleting a Nexsa account ends future participation in the Founding Member Program and is handled according to the account-deletion and retention practices described in Section 6.
Account deletion
You may request deletion of your Nexsa account through the in-app deletion feature or by contacting Nexsa through our support email or Help page.
Account access is disabled when a deletion request is submitted. We complete account and associated-data deletion within 90 days, subject to the limited exceptions described in Section 6.
We may request information reasonably necessary to verify your identity and confirm that the deletion request is intentional.
Additional privacy requests
Depending on where you live and the law that applies, you may have additional rights concerning your personal information. These may include rights to request access, correction, deletion, or a copy of certain information.
To submit a privacy request, contact us using the information in Section 13. We will respond in accordance with applicable law.
6. Data Retention and Account Deletion
We retain personal information only for as long as reasonably necessary to provide Nexsa, maintain platform security and reliability, comply with legal obligations, resolve disputes, and enforce our agreements.
Active accounts
Account and profile information is generally retained while an account remains active.
Messages, Shopspace content, connections, contacts, invitations, and related metadata are retained while needed to provide the features requested by users or until they are deleted through an account or data-deletion process.
Information concerning a contact or invitation may remain until the applicable SA deletes the contact or invitation or the information is otherwise removed through a deletion process.
Founding Member Program Information
Founding Member Program eligibility, qualifying-connection counts, referral attribution, tier progress, milestone dates, and reward status are generally retained while and SA’s account remains active and for as long as reasonably necessary to administer the program.
Shipping addresses, sizing information, reward selections, and other fulfillment details are retained only for as long as reasonably necessary to:
• Verify eligibility;
• Process and deliver the reward;
• Address delivery or fulfillment process;
• Prevent duplicate or fraudulent claims;
• Maintain required accounting, tax, or business records;
• Resolve disputes;
• Comply with applicable law.
Nexsa may retain a limited record that a reward was issued, including the applicable tier, reward, fulfillment date, and transaction status, when reasonably necessary for accounting, fraud prevention, dispute resolution, or legal compliance. Information retained for these purposes will not be used for unrelated advertising or marketing.
When an account is deleted, Nexsa deletes or deidentifies Founding Member Program information reasonably linkable to the account as part of the account-deletion process, except for limited information that must be retained for legal, accounting, security, fraud-prevention, or dispute-resolution purposes.
Aggregated or deidentified program information that can no longer reasonably be linked to an individual may be retained for analytics and business reporting.
Analytics and diagnostic information
Analytics, attribution, crash, error, performance, and security information may be retained according to Nexsa’s operational needs and the retention settings of the applicable provider.
When an account is deleted, Nexsa takes reasonable steps to delete or deidentify information reasonably linkable to that account from its active systems and from service providers processing information on Nexsa’s behalf.
Aggregated or deidentified information that can no longer reasonably be linked to an individual may be retained for analytics, security, and business reporting.
Account deletion process
When an account-deletion request is submitted, Nexsa disables access to the account and completes deletion or deidentification of associated personal information from active systems within 90 days.
This process includes, as applicable:
• Account identifiers;
• Phone number and optional email address;
• Profile information and profile image;
• Shopping preferences and app settings;
• Account roles;
• Connections;
• Contacts and outgoing invitations created through the account;
• Invitation and referral information reasonably linkable to the account;
• Messages and message attachments;
• Shopspace content and uploaded media;
• User-linked analytics, attribution, error and diagnostic information where reasonably identifiable and subject to deletion.
• Founding Member Program eligibility, tier progress, qualifying-connection records, milestone dates, reward-profile information, and other program information reasonably linkable to the account.
Messages associated with a deleted account are no longer visible to recipients. Shopspace images and media deleted through the account-deletion process are removed from Nexsa’s active Amazon S3 storage.
If another user independently entered your name, phone number, or email address into that user’s private contact list, deleting your Nexsa account may not remove the information that user independently provided. Nexsa will remove the link between that contact record and your active Nexsa account. The originating user may retain or delete the independently created contact record through their own account.
Nexsa may retain limited information when reasonably necessary to:
• Comply with applicable law;
• Prevent fraud or abuse;
• Protect platform security and integrity;
• Resolve disputes;
• Enforce our agreements;
• Establish or defend legal claims;
• Document that a privacy deletion request was completed.
Information retained for one of these purposes will not be used for unrelated advertising or marketing.
Backups
Certain deleted information may remain temporarily in system backups. Amazon RDS automated backups are retained for up to seven days and then expire automatically.
Backup information is not used for ordinary business activities. If a backup is restored, previously submitted deletion requests remain applicable to the restored information.
We will provide confirmation when an account-deletion request has been completed.
7. Children's Privacy
Nexsa is intended for users age 13 and older and is not directed to children under 13.
We do not knowingly collect personal information from children under 13. A person under 13 is not permitted to create or use a Nexsa account.
If we learn that personal information was collected from a child under 13 without appropriate authorization, we will take prompt steps to delete the information.
A parent or legal guardian who believes a child has provided Nexsa with personal information may contact us using the information in Section 13.
If applicable law in a user’s jurisdiction establishes a higher minimum age of use of an online service, the user must meet that higher age requirement.
8. Security
We use reasonable administrative, technical, and organizational safeguards designed to protect personal information from unauthorized access, disclosure, alteration, loss, or misuse.
These safeguards include:
• OTP-based account authentication;
• Encrypted transmission using TLS and HTTPS;
• Account and system access controls;
• Server and system logging;
• Crash, error, and performance monitoring;
• Infrastructure and storage services provided by established cloud-service providers.
No method of electronic transmission or storage is completely secure. We therefore cannot guarantee absolute security.
Users should also take reasonable precautions, including keeping their devices secure and not allowing another person to access their Nexsa account or OTP codes.
If a security incident occurs, Nexsa will investigate and provide notifications to affected users or authorities when required by applicable law.
9. Analytics, Cookies, and Similar Technologies
The Nexsa mobile application does not rely on browser cookies for its core operation. However, the app uses analytics, attribution, push-notification, crash-reporting, and diagnostic technologies provided by companies such as Google Firebase, AppsFlyer, Sentry, and related service providers.
These technologies may collect:
• App and device identifiers;
• Device and operating-system information;
• App version;
• App screens and features used;
• Session and interaction information;
• Crash, error, and performance information;
• Installation and attribution information;
• Coarse geographic information derived from technical information such as an IP address.
Nexsa uses these technologies to operate the app, measure invitations and installations, understand feature use, deliver notifications, diagnose technical problems, prevent abuse, and improve performance.
Nexsa does not use these technologies to deliver third-party targeted advertising.
Our website may use cookies or similar technologies required for website functionality, support forms, security, analytics, and embedded content. Embedded providers, such as YouTube, may use their own technologies when content is displayed or played.
You may manage certain technologies and permissions through your device or browser settings. Disabling them may affect some website or app functionality.
10. Third-Party Platforms and Device Permissions
Nexsa may be downloaded through third-party platforms such as the Apple App Store and Google Play Store. Those platforms may independently collect information as part of their services. Their collection and use of information is governed by their own privacy policies and terms.
Optional Nexsa features may request access to device functions such as:
• Contacts;
• Selected photos or media;
• Camera functions;
• Push notifications.
Nexsa requests device permission when it is needed for the applicable feature. You may manage permissions through your device settings.
11. Do Not Track and Privacy Signals
Some web browsers offer a “Do Not Track” setting intended to signal a user’s preference concerning tracking across websites. Because there is no universally accepted standard for interpreting or responding to Do Not Track signals, Nexsa does not currently respond to them.
Nexsa and its service providers may collect app, device, usage, analytics, attribution, and diagnostic information through the technologies described in Sections 4 and 9. Nexsa does not use this information to sell personal information, share personal information for cross-context behavioral advertising, or deliver third-party targeted advertising.
Because Nexsa does not currently sell or share personal information for cross-context behavioral advertising, a Global Privacy Control signal does not change Nexsa’s current sale or advertising-sharing practices. If our practices change and applicable law requires us to recognize an opt-out preference signal, we will implement the required mechanism and update this Policy before beginning the new practice.
12. Changes to This Policy
We may update this Privacy Policy to reflect changes in Nexsa’s services, data practices, security practices, or legal obligations. The effective date at the top of the Policy identifies when the current version took effect.
If we make a material change, we will provide notice through the app, website, email, or another reasonable method. If a change materially alters how we collect, use, or disclose personal information, we will provide any additional notice and obtain consent before the new practice begins when required by applicable law.
If Nexsa materially changes the categories of information used for the Founding Member Program or introduces a materially different type of reward, referral benefit, or financial incentive, we will update this Policy and provide any separate notice or consent required by applicable law before beginning the new practice.
We encourage users to review this Policy periodically.
13. Contact Us
If you have any questions about this Privacy Policy, Nexsa’s information practices, or a privacy or account-deletion request, contact us through the Nexsa Help page or at:
Nexsa
Email: support@nexsa.social
We may request information reasonably necessary to verify your identity before processing certain privacy requests.
Nexsa Terms of Service
Terms of Service
Effective: July 25th, 2026
These Terms of Service (“Terms”) are a legally binding agreement between you and Westcraft LLC, doing business as Nexsa (“Nexsa,” “we,” “our,” or “us”), governing your access to and use of the Nexsa mobile application, website, and related services collectively referred to as the “Platform.”
Please read these Terms and the Nexsa Privacy Policy carefully. By creating an account or otherwise affirmatively accepting these Terms, you acknowledge that you have read and agree to be bound by them.
If you do not agree to these Terms, you may not create an account or use the Platform.
The Privacy Policy explains how Nexsa collects, uses, discloses, retains, and deletes personal information. It is incorporated into these Terms by reference.
1. User Eligibility
You must be at least 13 years old to create or use a Nexsa account.
If you are under the age of majority where you live, your ability to enter into agreements and use certain commercial features may be subject to additional rights or restrictions under applicable law. Nothing in these Terms limits any rights that a minor cannot lawfully waive.
By creating an account or using the Platform, you represent that:
• You are at least 13 years old;
• The information you provide is accurate;
• Your use of Nexsa complies with applicable law;
• You will use the Platform only as permitted by these Terms; and
• If you use Nexsa on behalf of a business or organization and purport to bind that entity, you have authority to do so.
Nexsa may restrict, suspend, or terminate access if we reasonably believe that a User does not satisfy these eligibility requirements.
Users under 13 are not permitted to create or use a Nexsa account. If Nexsa learns that an account belongs to a User under 13, we may suspend the account and take appropriate steps to delete associated personal information in accordance with our Privacy Policy and applicable law.
2. Who Nexsa Is For
Nexsa is a private clienteling and communication platform designed for Sales Associates and Customer. A user may use Nexsa as a Sales Associate, a Customer, or both.
Sales Associates
A “Sales Associate” or “SA” is a user who uses Nexsa to communicate with Customers and share shopping-related content.
Depending on available features, an SA may:
• Create and manage a Shopspace containing Galleries, product images, videos, Links, descriptions, and other content;
• Communicate directly with connected Customers;
• Send one-to-one and broadcast messages;
• Add or invite Customers;
• Review Customer-provided shopping preferences;
• Participate in the Founding Member Program;
• Use other clienteling features made available by Nexsa.
Nexsa does not independently verify an SA’s employment, job title, brand affiliation, authority, or relationship with a retailer unless Nexsa expressly states otherwise.
Each SA is responsible for ensuring that their use of Nexsa complies with:
• Applicable employer policies and employment obligations;
• Retailer and brand requirements;
• Customer privacy obligations;
• Intellectual-property laws;
• Advertising, promotional, and endorsement requirements;
• All other applicable laws and regulations.
Customers
A “Customer” is a user who uses Nexsa to connect and communicate with one or more SAs.
Depending on available features, a Customer may:
• Connect with SAs through available invitation or connection features;
• Create and manage shopping preferences;
• Browse connected SAs’ Shopspaces;
• Receive direct and broadcast messages;
• Send messages, images, videos, and other content;
• Use referral, sharing, or invitation features made available by Nexsa.
Dual Roles
A user may maintain both an SA profile and a Customer profile associated with the same verified phone number. Features, permissions, responsibilities, and content visibility may differ depending on the role being used.
No Retailer or Brand Affiliation
Unless Nexsa expressly states otherwise, Nexsa is independent from and is not endorsed by, sponsored by, operated by, or affiliated with any retailer, luxury brand, employer, or other company referenced by a user.
A user may not suggest that Nexsa, a retailer, an employer, or a brand sponsors or endorses the user or the user’s content unless that statement is accurate and authorized.
Affiliate and Sponsored Content
Users may share affiliate links, endorsements, sponsored content, gifted products, or other promotional material only when they have the legal right and authority to do so.
A user must clearly and conspicuously disclose any payment, commission, free product, reward, employment relationship, or other material connection that could affect how another person evaluates an endorsement or recommendation.
3. Your Account
To use Nexsa, you must register using a valid mobile phone number. Nexsa uses one-time-password authentication rather than a traditional password.
You agree to:
• Provide accurate, current, and complete account information;
• Keep account information reasonably current;
• Maintain control of your device and phone number;
• Protect OTP codes and other account credentials;
• Not permit another person to access or use your account;
• Notify Nexsa promptly at support@nexsa.social if you suspect unauthorized account access.
You may maintain one SA profile and one Customer profile associated with the same verified phone number. You may not create duplicate profiles within the same role to evade restrictions, manipulate analytics, create artificial connections, receive duplicate rewards, or otherwise misuse Nexsa.
Accounts and profiles may not be sold, assigned, licensed, shared, or transferred without Nexsa’s written permission.
Unless Nexsa enters a separate written enterprise agreement, Nexsa does not determine ownership disputes between a user and the user’s employer concerning contacts, communications, content, or accounts. You are responsible for ensuring that your Nexsa use complies with applicable employment agreements and employer policies.
Service Communications
By creating an account, you authorize Nexsa to send operational communications reasonably necessary to provide the Platform, including;
• OTP verification messages;
• Account and security notices;
• Invitation or connection messages initiated through Nexsa features;
• Service and support communications;
• Notices concerning material Platform or policy changes.
Providing a phone number or email address for account purposes does not by itself constitute consent to receive unrelated promotional marketing messages.
Where separate consent is required for promotional email or SMS communications, Nexsa will request that consent separately. You may withdraw consent through the applicable opt-out intstructions.
4. Acceptable Use
You may use Nexsa for lawful purposes and in accordance with these Terms.
You may not:
• Harass, threaten, abuse, intimidate, defame, discriminate against, or unlawfully target another person;
• Send spam, chain messages, deceptive promotions, or repeated unwanted communications;
• Repeatedly invite people who have not requested or would not reasonably expect the invitation;
• Add, upload, disclose, or use another person’s contact information without a legitimate relationship, proper authorization, or another lawful basis;
• Upload confidential employer, retailer, brand, Customer, or third-party information without authorization;
• Falsely describe product authenticity, pricing, availability, condition, origin, affiliation, sponsorship, or endorsement;
• Promote counterfeit, stolen, unlawful, or unauthorized products or services;
• Upload or share content you do not own or have permission to use;
• Infringe copyright, trademark, privacy, publicity, confidentiality, or other rights;
• Impersonate another person or business;
• Misrepresent your identity, employer, role, qualifications, affiliation, or authority;
• Create fake, duplicate, automated, or coordinated accounts;
• Manipulate invitations, Customer counts, referrals, milestones, analytics, Founding Member Program eligibility, or reward claims;
• Use self-referrals, fake Customers, bots, scripts, scraping tools, crawlers, or automation to misuse the Platform;
• Collect or harvest user information outside the functionality Nexsa intentionally provides;
• Reverse engineer, decompile, disassemble, bypass, interfere with, or attempt unauthorized access to the Platform;
• Introduce malware, harmful code, denial-of-service activity, or other technical interference;
• Use Nexsa to request, send, or store payment-card numbers, banking credentials, heath records, government identification numbers, passwords, or similarly sensitive information;
• Use Nexsa in violation of employer rules, brand policies, court orders, contracts, or applicable law;
• Assist anther person in engaging in prohibited conduct.
You may use contact-based invitation features only for people with whom you have a legitimate relationship or a reasonable basis to believe the invitation is welcome. By selecting a contact and asking Nexsa to add or invite that person, you represent that you are authorized to provide the selected contact information for that purpose.
Nexsa may investigate suspected violations and take reasonable action, including removing content, limiting features, suspending or terminating accounts, preserving relevant records, or reporting suspected unlawful conduct to appropriate authorities where reasonably necessary.
5. Broadcast Messaging
SAs ay use Nexsa’s broadcast feature to send messages, media, product, information, promotions, and other content to multiple connected Customers.
When a Customer connects with an SA, the Customer may receive in-app direct and broadcast communications from that SA.
Broadcast messages are not group chats:
• Recipients cannot see the identities of other recipients;
• Replies are private between the responding Customer and the sending SA;
• The SA is responsible for the content of each broadcast.
An SA may select recipients using information Customers voluntarily add to their profiles, such as brands, styles, categories, or sizes.
Device notification settings control whether a user receives an alert concerning a new message. A Customer may stop future communications through a particular connection by disconnecting from the applicable SA where that functionality is available.
Acceptance of these Tems or acceptance of an SA connection does not constitute consent to receive unrelated promotional text messages or email outside Nexsa.
SAs are responsible for ensuring that broadcast messages comply with:
• These Terms;
• Applicable advertising and consumer-protection laws;
• Employer and retailer policies;
• Brand requirements;
• Applicable intellectual-property and privacy rights.
Nexsa does not routinely pre-screen private broadcasts. Nexsa may investigate reported content or suspected misuse and may restrict, suspend, or remove access where appropriate.
Concerns may be reported through Nexsa’s support channels or by emailing support@nexsa.social.
6. Founding Member Program
The Nexsa Founding Member Program (“Program”) recognizes eligible SAs based on qualifying Customer connections and other Program criteria.
Eligibility and Participation
Program progress may be displayed to eligible SA accounts in good standing where Nexsa makes the Program available.
Unless Nexsa expressly provides otherwise, an SA must be at least 18 years old to claim a physical reward, participate in Founders Circle, or receive another Program benefit that creates tax, contractual, financial, or similar legal obligations.
Nexsa may require an SA to confirm eligibility before fulfilling a reward or providing a Program benefit.
Program progress may be displayed automatically based on activity already associated with an SA’s account. An SA is not required to provide shipping, sizing, or reward-selection information merely to view Program progress.
Claiming a physical reward is optional.
Qualifying Customer Connections
For program purposes, a “Qualifying Customer Connection” generally means a Customer connection that Nexsa’s system records as accepted and connected to the applicable SA.
Unless Nexsa expressly states otherwise, the following do not qualify:
• Pending or declined invitations;
• Duplicate accounts;
• Fake or automated accounts;
• Self-created Customer accounts used to manipulate progress;
• Connections generated through fraud, coercion, abuse, or prohibited incentives;
• Activity that violates these Terms or Program rules;
• Connections Nexsa reasonably determines were recorded in error.
Nexsa’s system records control Program calculations, subject to reasonable correction of verified errors.
Program Tiers
The current Program tiers are:
• Bronze: 10 Qualifying Customer Connections;
• Silver: 50 Qualifying Customer Connections;
• Gold: 100 Qualifying Customer Connections;
• Platinum: 250 Qualifying Customer Connections;
• Diamond: 500 Qualifying Customer Connections;
• Founders Circle: Invitation only.
The Platform may display an SA’s current qualifying count, current tier, progress toward the next tier, highest tier achieved, and applicable milestone history.
Existing SAs at Program Launch
When the Program is introduced, Nexsa may calculate an existing SA’s starting progress using the number of accepted Customer connections associated with the SA’s account at the time of Program implementation.
For milestones achieved before historical milestone tracking was available, the recorded milestone date may reflect the Program implementation or migration date rather than the actual date the SA originally crossed the applicable threshold.
Future milestones are generally recorded using the date and time Nexsa records the qualifying Customer acceptance or other applicable qualifying event.
Rewards
Reaching a tier may make an SA eligible for the reward described in the Platform or applicable Program materials.
Unless Nexsa expressly states otherwise:
• Rewards are subject to eligibility verification;
• Rewards are subject to availability;
• Rewards have no cash value and may not be sold or transferred;
• One reward may be issued per qualifying milestone or tier;
• Duplicate claims are prohibited;
• Any inaccurate progress display does not create a right to an unearned reward;
• Nexsa may substitute a reward with one of reasonably comparable or greater value if the original reward becomes unavailable;
• The recipient is responsible for providing accurate and complete fulfillment information;
• The recipient is responsible for taxes, if any, resulting from a reward.
If applicable law requires Nexsa to collect tax or identity information before issuing a reward, Nexsa will provide an appropriate notice before collection that information.
Reward Fulfillment Information
Before fulfilling a reward, Nexsa may require reasonable information to confirm that the recipient satisfies applicable age and eligibility requirements.
An eligible SA may be asked to provide information reasonably necessary to fulfill a reward, such as:
• Legal or preferred recipient name;
• Shipping address;
• Email address;
• Phone number;
• Clothing or product size;
• Reward selection;
• Delivery instructions.
Providing this information is optional, but Nexsa may be unable to deliver a physical reward without it.
If a reward is returned because of inaccurate information, an unsuccessful delivery, or failure to claim the shipment, Nexsa may require the recipient to provide corrected information and may decline repeated shipment attempts where reasonable.
Verification, Errors, and Fraud
Nexsa may review Program activity to:
• Verify qualifying connections;
• Correct technical or calculation errors;
• Identify duplicate or invalid activity;
• Investigate manipulation, fraud, or misuse;
• Resolve Program questions or disputes.
Nexsa may withhold, cancel, or revoke an unfulfilled reward or adjust Program progress where the underlying activity was fraudulent, prohibited, duplicated, reversed, or recorded in error.
Nexsa will not retroactively revoke a reward already validly fulfilled solely because the Program is later modified or discontinued. This protection does not apply to rewards obtained through fraud, material misrepresentation, technical exploitation, or material error.
Founders Circle
Founders Circle is invitation only and, unless Nexsa expressly provides otherwise, is limited to SAs who are at least 18 years old.
Reaching another Program tier does not guarantee a Founder Circle invitation.
Nexsa may consider factors such as:
• Meaningful Program participation;
• Legitimate Customer growth;
• Community contribution;
• Product feedback;
• Support of Nexsa’s mission;
• Compliance with these Terms;
• Other criteria described in Program materials.
A Founders Circle invitation, Program tier, reward, badge, communication, or reference to potential future opportunities does not grant:
• Equity;
• Stock;
• Options;
• Securities;
• Profit participation;
• Ownership rights;
• Voting rights;
• Employment;
• Agency;
• Partnership;
• Joint-venture status.
Any equity, securities, ownership interest, or similar right would require a separate written agreement signed by an authorized Nexsa representative and compliance with applicable securities, tax, and corporate laws.
Public Endorsements
If an SA publicly endorses or promotes Nexsa after receiving or expecting a Program reward, benefit, gift, payment, or other material benefit, the SA must clearly disclose that relationship where required by law.
Program Changes and Termination
Nexsa may modify, suspend, or discontinue the Program or an individual reward where reasonably necessary because of:
• Legal or regulatory requirements;
• Fraud or abuse;
• Technical limitations;
• Reward availability;
• Financial or operational considerations;
• Material changes to the Platform.
Nexsa will provide reasonable notice of material Program changes when practicable.
Program changes apply prospectively unless a retroactive change is reasonably necessary to correct fraud, abuse, technical error, legal noncompliance, or materially inaccurate calculations.
Account Deletion and Termination
Deleting or terminating an SA account ends future Program participation.
Pending or unclaimed rewards may be cancelled if the account is deleted or terminated before fulfillment, unless Nexsa states otherwise.
Program information is handled according to the Nexsa Privacy Policy.
7. User Content and Content License
“User Content” means messages, photos, videos, profile images, Shopspace content, product links, descriptions, feedback, and other materials a user submits, sends, stores, or uploads through Nexsa.
You retain ownership of your User Content, subject to the rights of any employer, brand, photographer, copyright owner, customer, or other third party.
You represent and warrant that:
• You own your User Content or have all necessary rights and permissions to use it through Nexsa;
• Your User Content does not violate another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
• Your User Content complies with these Terms and applicable law.
Limited License to Operate Nexsa
By submitting User Content, you grant Nexsa a worldwide, non-exclusive, royalty-free license to:
• Host;
• Store;
• Back up;
• Technically reproduce;
• Resize;
• Compress;
• Format;
• Transmit;
• Display to users authorized through the applicable feature;
• Secure;
• Diagnose;
• Troubleshoot;
• Otherwise process the content only as reasonably necessary to operate, maintain, protect, and provide Nexsa.
Nexsa may permit service providers acting on Nexsa’s behalf to exercise these limited rights only as necessary to provide their services to Nexsa.
This license does not give Nexsa the right to use private messages, Shopspace content, Customer content, or other User Content in Nexsa advertising or public marketing without separate permission from the applicable rights holder.
The license ends when the User Content is deleted from active systems, except to the limited extent information remains temporarily in backups or must be retained as described in the Privacy Policy.
Content Visibility and Security
User Content is displayed or transmitted according to the feature used and the users selected or connected through that feature.
For example:
• Direct messages are shared with the message participants;
• Broadcasts are delivered individually to selected connected Customers;
• Shopspace content is displayed to Customers who have access to the applicable SA’s Shopspace.
Nexsa is designed for private and controlled sharing, but no electronic system can guarantee absolute confidentiality or security. Do not submit payment credentials, government identification numbers, health records, passwords, or other highly sensitive information.
Content Removal
Nexsa may remove or disable content where we reasonably believe it:
• Violates these Terms;
• Infringes another person’s rights;
• Is unlawful;
• Creates a safety or security risk;
• Is necessary to remove in response to a valid legal request.
Transaction Between Users
Nexsa provides communication and content-sharing technology. Unless expressly stated otherwise, Nexsa:
• Is not the seller or merchant of products promoted by an SA;
• Does not process product purchases or payments;
• Is not a party to transactions between SAs, Customers, retailers, or brands;
• Does not guarantee product authenticity, availability, pricing, quality, delivery, return rights, or merchant performance.
Disputes concerning a product purchase, retailer transaction, payment, return, warranty, or SA-Customer arrangement are generally between the applicable parties. Potential violations of these Terms may still be reported to Nexsa.
8. License to Use Nexsa
Subject to your compliance with these Terms, Nexsa grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revokable license to access and use the Platform for personal or authorized commercial purposes associated with the role or roles on your account.
This license does not permit you to:
• Sell, lease, sublicense, or commercially distribute the Platform;
• Copy or modify the Platform except as expressly permitted;
• Reverse engineer, decompile, or attempt to derive source code except where applicable law expressly prohibits that restriction;
• Bypass security, access controls, rate limits, or authentication;
• Access Nexsa to create a competing service using Nexsa’s confidential or nonpublic features or data;
• Use Nexsa’s systems or information outside the functionality Nexsa intentionally provides.
All rights not expressly granted are reserved by Nexsa and its licensors.
9. User Responsibilities
You are responsible for:
• Activity conducted through your account;
• Protecting your device, phone number, and OTP codes;
• Providing accurate account, contact, and reward information;
• Ensuring you have authority to add or invite contacts;
• Maintaining the confidentiality of customer, employer, retailer, and brand information;
• Ensuring product descriptions and promotional statements are accurate;
• Complying with employer policies and professional obligations;
• Making required affiliate, sponsorship, employment, gift, or endorsement disclosures;
• Complying with laws applicable to your messages, promotions, content, and commercial activity.
• Cooperating reasonably with legitimate investigations concerning suspected misuse of your account, subject to applicable law.
Nexsa is not a payment processor. The Platform is not designed to collect, process, or transmit payment-card numbers, bank-account credentials, or other payment information. Users must not request or send such information through messages, Shopspaces, support forms, or other Nexsa features.
10. Platform Changes
Nexsa may update, modify, add, limit, suspend, or discontinue features of the Platform.
We may:
• Release updates, patches, and bug fixes;
• Change interfaces or workflows;
• Impose reasonable storage, usage, or rate limits;
• Add or remove integrations;
• Test beta or experimental functionality;
• Discontinue features or the Platform
Beta or experimental features may contain errors, change without notice, or be discontinued and may not receive the same level of support as generally available features.
Where a change materially affects users, Nexsa will make reasonable efforts to provide notice when practicable.
To the extent permitted by law, Nexsa is not liable solely because a feature is modified or discontinued. This provision does not eliminate obligations that cannot lawfully be excluded.
Changes to the Founding Member Program are governed by Section 6.
11. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Nexsa and its officers, directors, employees, contractors, and agents from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from:
• User Content you submit;
• Your violation of these Terms or applicable law;
• Your infringement or violation or another person’s rights;
• Unlawful or unauthorized invitations, messages, promotions, or product claims;
• Disputes caused by your violation of an employer, retailer, brand, or third-party obligation;
• Fraud, manipulation, or material misrepresentation concerning the Founding Member Program;
• Your misuse of the Platform.
This obligation does not apply to the extent a claim results from Nexsa’s negligence, willful misconduct, or violation of law.
Nexsa may control the defense of a covered claim using counsel of its choice. You agree to cooperate reasonably. Nexsa will not enter a settlement that requires you to admit wrongdoing or undertake a material nonmonetary obligation without your consent, which will not be unreasonably withheld.
12. Disclaimers and Limitation of Liability
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW.
NEXSA DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.
NEXSA DOES NOT WARRANT THAT:
• THE PLATFORM WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;
• EVERY DEFECT WILL BE CORRECTED;
• USER CONTENT WILL BE ACCURATE, COMPLETE, AUTHORIZED, OR RELIABLE;
• PRODUCTS PROMOTED THROUGH THE PLATFORM WILL BE AUTHENTIC, AVAILABLE, ACCURATELY DESCRIBED, OR DELIVERED;
• USE OF NEXSA WILL PRODUCE SALES, REVENUE, CONVERSIONS, CUSTOMER GROWTH, ENGAGEMENT, EMPLOYEMENT BENEFITS, OR PROGRAM REWARDS.
NEXSA IS NOT RESPONSIBLE FOR THE CONDUCT OF USERS, RETAILERS, BRANDS, EMPLOYERS, MERCHANTS, DELIVERY PROVIDERS, OR OTHER THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXSA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXSA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
• ONE HUNDRED U.S. DOLLARS; OR
• THE AMOUNT YOU PAID DIRECTLY TO NEXSA FOR USE OF THE PLATFORM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the form of action and even if Nexsa was informed that damages were possible.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some provisions may not apply to you.
13. Termination
You may stop using Nexsa at any time. You may also request deletion of your account through the in-app account-deletion feature or through the methods described in our Privacy Policy.
Nexsa may suspend, restrict, or terminate your account or access to some or all of the Platform if we reasonably determine that doing so is necessary because of:
• A material violation of these Term or another Nexsa policy that applies to your use of the Platform;
• Fraudulent, deceptive, abusive, harassing, illegal, or harmful activity;
• Misuse of Platform features;
• Conduct intended to manipulate invitations, connections, referrals, Founding Member Program progress, rewards, or other Platform benefits;
• Unauthorized access, security concerns, or activity that threatens the security or integrity of the Platform;
• A legal, regulatory, or governmental requirement;
• Conduct that materially harms or threatens Nexsa, another User, or a third party; or
• Another legitimate reason reasonably related to operating, protecting, or maintaining the Platform.
Where appropriate and legally permitted, Nexsa may provide notice or an opportunity to correct a violation before permanently terminating an account. Nexsa may act without prior notice when we reasonably believe immediate action is necessary to protect Users, Nexsa, the Platform, or third parties; prevent fraud or abuse; comply with law; or address a security concern.
Upon termination or suspension;
• Your right to access or use the affected portion of the Platform may immediately cease;
• Your license to use the Platform is suspended or terminated to the corresponding extent;
• You remain responsible for obligations or liabilities incurred before termination;
• Personal information and User Content will be handled in accordance with our Privacy Policy, applicable law, and any valid account-deletion request.
Suspension or termination of access does not, by itself, determine whether personal information is retained or deleted. Account deletion and data retention are governed by our Privacy Policy.
If an SA’s account is terminated or deleted, future participation in the Founding Member Program ends. The treatment of previously achieved tiers, approved rewards, or other Program benefits is governed by Section 6.
Nexsa may discontinue the Platform entirely. If reasonably practicable, we will provide advance notice before permanently discontinuing the Platform.
Sections that by their nature should survive termination will remain in effect after termination, including provisions concerning User Content rights and responsibilities, Nexsa intellectual property, previously accrued obligations, indemnification, disclaimers and limitations of liability, dispute resolution, and any other provisions that reasonably require survival.
14. Changes to These Terms
Nexsa may update these Terms from time to time to reflect changes in the Platform, Founding Member Program, business practices, legal requirements, or other operational needs.
The Effective Date displayed at the beginning of these Terms identifies when the current version took effect.
If we may a material change to these Terms, we will provide reasonable notice through the Platform, our website, email, or another appropriate method.
Changes generally apply prospectively from their effective date. If applicable law requires affirmative consent to a particular change, we will obtain that consent before applying the change.
Your continued use of Nexsa after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to revised Terms, you must discontinue use of the Platform.
A change to these Terms will not retroactively alter the legal effect of conduct, rights, obligations, or disputes that arose before the change where applicable law does not permit such retroactive application.
15. Entire Agreement
These Terms, together with our Privacy Policy, any applicable Founding Member Program terms or notices, and any additional terms or policies expressly presented or incorporated by reference for a particular Nexsa feature, constitute the agreement between you and Nexsa concerning your use of the Platform.
These Terms supersede prior or contemporaneous agreements, communications, representations, or understandings concerning your use of the Platform, except for a separate written agreement expressly entered into between you and Nexsa.
These Terms do not replace or modify a separate written agreement expressly entered into between you and Nexsa concerning employment, consulting services, investment, securities, equity, ownership rights, licensing, or another separately negotiated relationship.
If a valid separate written agreement conflicts with these Terms regarding the specific subject matter governed by that agreement, the separate agreement will control with respect to that subject matter.
For clarity, participation in the Founding Member Program, achievement of a Program tier, receipt of a Program reward, or designation as a Founders Circle member does not create an equity, employment, partnership, agency, fiduciary, franchise, or ownership relationship except where a separate written agreement expressly states otherwise.
No amendment or waiver of these Terms by Nexsa is effective unless made by an authorized Nexsa representative or through an update to these Terms made in accordance with Section 14.
16. Waiver
A failure or delay by Nexsa in exercising or enforcing any right or provision under these Terms does not waive that right or provision and does not prevent Nexsa from exercising or enforcing it later.
A waiver of one provision, violation, or circumstance does not constitute a waiver of another provision, violation, or circumstance.
Any waiver by Nexsa must be expressly made by an authorized representative of Nexsa.
17. Severability
If any provision of these Terms is determined by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed to the minimum extent necessary.
The remaining provisions of these Terms will remain in full force and effect.
Where legally permissible, an invalid or unenforceable provision may be interpreted or modified to most closely reflect its original lawful purpose.
18. Headings
Section titles, captions, and heading in these Terms are included for convenience only and do not affect the meaning or interpretation of these Terms.
19. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY.
Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Platform are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law or another applicable law governs a particular issue.
Nothing in these Terms deprives a User of protections that cannot lawfully be waived under the laws applicable to that User.
Informal Dispute Resolution
Before initiating arbitration or other formal legal proceedings, you and Nexsa agree to make a reasonable, good-faith effort to resolve the dispute informally.
A party seeking to initiate a dispute should provide the other party with written notice describing:
• The name and contact information of the person or entity bringing the dispute;
• The nature and factual basis of the dispute;
• The relief or resolution requested; and
• Information reasonably sufficient for the other party to identify the account or circumstances involved.
Notices to Nexsa under this subsection should be sent to support@nexsa.social with the subject line “Legal Dispute Notice.”
The parties will have 30 days after receipt of a complete written notice to attempt to resolve the dispute informally before either part initiates arbitration, unless applicable law permits or requires earlier action.
The informal-resolution requirement does not prevent either party from seeking immediate relief where reasonably necessary to prevent imminent harm, preserve legal rights, comply with a legal deadline, or seek relief that applicable law allows to be brought directly in court.
Small Claims Court
Either you or Nexsa may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that court.
A small claims action may proceed instead of arbitration as permitted by applicable law and the applicable arbitration rules.
Binding Individual Arbitration
Except for disputes that qualify for small claims court, requests for public injunctive relief that applicable law permits to proceed in court, and disputes that applicable law does not permit to be arbitrated, disputes arising out of or relating to these Terms, the Platform, or your relationship with Nexsa will be resolved through final and binding individual arbitration.
Arbitration will be administered by the American Arbitration Association (“AAA”).
Where the AAA Consumer Arbitration Rules apply, the arbitration will be conducted under the AAA Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is initiated. If the AAA determines that another AAA rule set applies based on the nature of the User, the relationship, or the dispute, the applicable AAA rules will govern.
The applicable AAA rules are incorporated into this Section to the extent they do not conflict with applicable law or an express provision of these Terms that may lawfully control.
The arbitrator will be neutral and will have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of these Terms or this arbitration provision, except where applicable law requires a court to decide a particular issue.
The arbitrator may award the same individual remedies and relief that would be available in court to the extent authorized by applicable law.
Judgment on an arbitration award may be entered in any court having jurisdiction.
Arbitration Fees
Filing fees, administrative fees, arbitrator compensation, and other arbitration costs will be allocated according to the applicable AAA rules and applicable law.
Where the AAA Consumer Arbitration Rules apply, Nexsa will pay the fees and costs that those rules require a business to pay.
Nothing in these Terms requires a consumer to pay arbitration costs that applicable law or the applicable AAA rules require Nexsa to pay.
Each party will generally be responsible for its own attorneys' fees unless an applicable law, arbitration rule, written agreement, or arbitration award provides otherwise.
Location and Method of Arbitration
Where the AAA Consumer Arbitration Rules apply, arbitration may be conducted by video conference, telephone, documents-only proceeding, or in person as permitted by the applicable AAA rules and determined by the arbitrator.
Any in-person proceeding will occur at a location permitted under applicable law and the applicable AAA rules, taking into account the User’s residence and reasonable convenience.
Waiver of Jury Trial
TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND NEXSA EACH WAIVE THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.
This waiver does not apply to claims or forms of relief that applicable law permits to proceed in court.
Individual Proceedings and Class-Action Waiver
To the fullest extent permitted by applicable law, you and Nexsa agree that disputes subject to arbitration will be brought and resolved only on an individual basis.
Neither you nor Nexsa may bring or participate in an arbitrated claim as a plaintiff, claimant, or class member in a purported class, collective, consolidated, or representative arbitration except where applicable law does not permit this limitation.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law provides otherwise.
Nothing in this Section prevents a User from seeking public injunctive relief or another remedy that applicable law does not permit to be waived or restricted by a pre-dispute arbitration agreement.
If a court determines that a particular claim or request for relief cannot lawfully be subject to arbitration or the individual-proceeding requirement, that claim or request for relief may proceed in court, while any remaining arbitrable claims will proceed in arbitration to the extent permitted by law.
Availability of AAA
If AAA is unable or unwilling to administer an arbitration and the parties cannot agree on an alternative arbitration provider, a court of competent jurisdiction may appoint an arbitration provider or arbitrator as permitted by applicable law.
An alternative provider must apply procedures reasonably consistent with the substantive protections contained in this Section.
Court Proceedings
For disputes that are not required to be arbitrated, you and Nexsa consent to the jurisdiction of the state and federal courts located in San Diego County, California, except where applicable law gives a User the right to bring a proceeding in another location.
Nothing in this provision prevents either party from bringing an eligible claim in small claims court or seeking relief in another forum where applicable law gives that party a non-waivable right to do so.
Survival
This Section survives termination of these Terms and termination or deletion of a Nexsa account.
20. Contact Us
If you have question about these Terms, the Founding Member Program, or your Nexsa account, you may contact us at:
Nexsa
Email: support@nexsa.social
Privacy questions, privacy requests, and account-deletion requests may also be submitted through the methods described in our Privacy Policy and Nexsa Help page.
