Terms of Service

These Terms of Service ("Terms") govern your access to and use of Nexus Marketing Agency's website, client portal, AI chatbot, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, 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 our Services.

These Terms apply to all visitors, users, and others who access or use the Services, including but not limited to prospective clients, active clients, and partners.

2. Use of Services

Permitted Use

You may use our Services for lawful purposes only, including:

• Exploring our service offerings and case studies
• Engaging with our AI chatbot to learn about product marketing solutions
• Accessing the client portal to manage active projects (if you are a client)
• Downloading resources and playbooks provided for your use

Prohibited Use

You agree not to:

• Attempt unauthorized access to any portion of the Services or related systems
• Use automated tools (bots, scrapers) to access or collect data from our Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Resell, redistribute, or commercialize content or services without written permission
• Impersonate any person or entity or misrepresent your affiliation
• Upload malicious code, viruses, or other harmful materials
• Interfere with or disrupt the integrity or performance of the Services

3. Account Registration & Security

Access to the client portal requires account registration. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all responsibility for activity under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or exhibit suspicious activity.

4. Intellectual Property Rights

Nexus Ownership

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, are the exclusive property of Nexus Marketing Agency and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Client Deliverables

Upon full payment for services rendered under a signed Statement of Work (SOW), clients receive a license to use the deliverables specified in that SOW. The scope, duration, and limitations of this license are defined in the applicable Master Services Agreement (MSA) and project-specific SOW.

Nexus retains the right to showcase work samples, case studies, and anonymized results for marketing purposes unless explicitly restricted by a confidentiality agreement.

5. Content & Disclaimers

Content provided through our website, chatbot, and other digital properties is for informational purposes only and does not constitute:

• Binding professional advice or recommendations
• Guaranteed outcomes or performance metrics
• Commitments to deliverables outside of signed agreements

All strategic recommendations, messaging frameworks, and go-to-market plans are provided subject to the terms of a fully executed Master Services Agreement (MSA).

6. Data Collection & Privacy

We collect and process personal data in accordance with our Privacy Policy. By using our Services, you consent to such processing and warrant that all data provided by you is accurate.

Lead data submitted through contact forms or the AI chatbot is stored securely and used solely for business development purposes. You may request deletion of your data at any time by emailing privacy@thenexusagency.app.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXUS MARKETING AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any information obtained through the Services

In no event shall our aggregate liability exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months prior to the event giving rise to the liability.

8. Indemnification

You agree to indemnify, defend, and hold harmless Nexus Marketing Agency, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

9. Dispute Resolution & Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, unless otherwise specified in a signed Master Services Agreement.

You and Nexus agree to waive any right to a jury trial or to participate in a class action.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to registered users
• Displaying an in-product notification upon login

Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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