Terms of Service
Last Updated: July 14, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Nexus AI ("we," "us," or "our") concerning your access to and use of our website (nexus-ai.digital and nexusai.digital) and AI automation services.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
1. DEFINITIONS
"Services" means all AI automation services, chatbots, lead generation tools, and related software provided by Nexus AI
"Client Data" means all data, content, and information provided by you or collected on your behalf
"Results-Based Pricing" means our payment model where fees are based on appointments booked or other measurable outcomes
"AI Agents" means automated conversation and lead processing systems we develop for clients
2. DESCRIPTION OF SERVICES
2.1 Core Services
Nexus AI provides AI-powered automation services including:
AI Chatbots: Automated conversation systems for lead engagement
Lead Magnets: AI-powered tools for lead capture and qualification
Automation Systems: Workflow automation for sales and marketing processes
Integration Services: Connection with existing CRM and calendar systems
Ongoing Maintenance: Monitoring, optimization, and support services
2.2 Service Delivery Model
Result-Based Pricing: Payment based on appointments booked or other agreed metrics
Custom Development: Tailored AI solutions for your specific business needs
Monthly Subscription: Ongoing service and maintenance included in pricing
Performance Monitoring: Regular reporting and optimization of AI performance
3. CLIENT OBLIGATIONS
3.1 Information and Access
You agree to:
Provide accurate business information and requirements
Grant necessary access to CRM, calendar, and other integrated systems
Provide lead databases and customer data as required for service delivery
Respond promptly to requests for information or feedback
Ensure you have proper consent for all data you provide to us
3.2 Compliance Requirements
You represent and warrant that:
You have obtained all necessary consents for AI contact of your leads/customers
Your data and business practices comply with applicable laws (TCPA, CAN-SPAM, etc.)
You have authority to enter into this agreement on behalf of your business
All information provided is accurate and complete
3.3 Prohibited Uses
You may not use our Services to:
Contact individuals without proper consent
Engage in illegal, fraudulent, or deceptive practices
Violate any applicable laws or regulations
Harm our reputation or interfere with our services
Share access credentials with unauthorized parties
4. PAYMENT TERMS
4.1 Results-Based Pricing Model
Payment Triggers: Fees are charged based on successfully booked appointments or other agreed metrics
Billing Cycle: Monthly billing for services provided in the previous month
Payment Methods: Credit card processing through Stripe or other approved processors
Setup Fee: One-time $1 payment for credit card verification and account setup
4.2 Payment Processing
All payments processed securely through third-party providers
Automatic billing for recurring charges
30-day payment terms for invoiced amounts
Late payment fees may apply for overdue accounts
4.3 Refunds and Disputes
Refunds available only for technical failures preventing service delivery
Payment disputes must be raised within 30 days of billing
Resolution process includes review of performance data and service delivery records
5. INTELLECTUAL PROPERTY
5.1 Our Intellectual Property
We retain all rights to:
Our AI technology, software, and methodologies
Our website content, branding, and marketing materials
Improvements and modifications to our Services
Aggregated, anonymized data insights from service delivery
5.2 Client Data Ownership
You retain ownership of all Client Data provided to us
We may use Client Data solely for providing Services to you
We will not sell, share, or use Client Data for other purposes without consent
You grant us a limited license to use Client Data for service delivery
5.3 Work Product
Custom AI configurations and scripts developed for you remain your property
We retain rights to underlying technology and methodologies
You may not reverse engineer or reproduce our proprietary technology
6. DATA PROTECTION AND PRIVACY
6.1 Data Security
We implement industry-standard security measures including:
Encryption of data in transit and at rest
Access controls and authentication systems
Regular security audits and monitoring
Secure data center partnerships
6.2 Data Processing
We process Client Data solely as your data processor
All processing follows documented instructions from you
We maintain confidentiality of all Client Data
Data Processing Addendum available upon request
6.3 Data Retention and Deletion
Client Data deleted within 30 days of service termination
Backup data removed within 90 days
Legal hold exceptions may apply for active disputes
7. SERVICE LEVELS AND AVAILABILITY
7.1 Uptime Commitment
We strive for 99.9% uptime for our AI services
Scheduled maintenance windows will be announced in advance
Service credits may be available for extended outages
7.2 Performance Standards
AI response times typically under 5 seconds
Regular monitoring and optimization of conversation quality
Monthly performance reporting provided to clients
7.3 Support Services
Email support during business hours (Monday-Friday, 9 AM - 6 PM MT)
Emergency support for critical issues
Regular check-ins and optimization meetings
8. LIMITATION OF LIABILITY
8.1 Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Our total liability shall not exceed amounts paid by you in the 12 months preceding the claim
We are not liable for indirect, consequential, or punitive damages
We are not liable for lost profits, revenue, or business opportunities
Our liability is limited to direct damages only
8.3 Exceptions
Limitations do not apply to:
Our gross negligence or willful misconduct
Breaches of confidentiality obligations
Violations of intellectual property rights
9. INDEMNIFICATION
9.1 Client Indemnification
You agree to indemnify and hold us harmless from claims arising from:
Your breach of these Terms
Your violation of applicable laws or regulations
Your use of our Services in unauthorized ways
Third-party claims related to your Client Data
9.2 Our Indemnification
We will indemnify you against claims that our Services infringe third-party intellectual property rights, provided you:
Promptly notify us of any claims
Cooperate with our defense efforts
Allow us to control the defense and settlement
10. TERMINATION
10.1 Termination by Either Party
Either party may terminate with 30 days written notice
Immediate termination allowed for material breach
Automatic termination upon bankruptcy or insolvency
10.2 Effect of Termination
Upon termination:
You remain liable for all charges incurred through termination date
We will provide final performance report within 30 days
All Client Data will be deleted according to our data retention policy
Confidentiality obligations survive termination
10.3 Survival
The following sections survive termination: Payment Terms, Intellectual Property, Data Protection, Limitation of Liability, Indemnification, and General Provisions.
11. FORCE MAJEURE
Neither party will be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, labor disputes, internet outages, or third-party service failures.
12. DISPUTE RESOLUTION
12.1 Informal Resolution
Before formal proceedings, parties agree to attempt good-faith negotiations for at least 30 days.
12.2 Binding Arbitration
Disputes not resolved informally will be settled by binding arbitration under American Arbitration Association Commercial Rules. Arbitration will be conducted in Provo, Utah.
12.3 Exceptions
The following are exempt from arbitration:
Intellectual property disputes
Emergency injunctive relief
Small claims court matters under $10,000
13. GENERAL PROVISIONS
13.1 Governing Law
These Terms are governed by Utah state law, without regard to conflict of law principles.
13.2 Entire Agreement
These Terms, along with our Privacy Policy and any Service Agreements, constitute the entire agreement between the parties.
13.3 Modifications
We may update these Terms with 30 days notice. Continued use constitutes acceptance of updated Terms.
13.4 Severability
If any provision is found unenforceable, the remainder of these Terms remains in effect.
13.5 Assignment
We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign without our written consent.
13.6 Waiver
No waiver of any provision will be effective unless in writing and signed by both parties.
14. CONTACT INFORMATION
For questions about these Terms, please contact us at:
Nexus AI
Email: [email protected]
Address: Provo, Utah, USA
For legal notices, please send to the above email address with "Legal Notice" in the subject line.
These Terms of Service are effective as of the date last updated above and govern all use of Nexus AI services.