Terms of Service

1. Introduction

Welcome to Nexlayer Technologies, Inc. ("Nexlayer", "Company", "we", "our", "us"). By accessing or using our website, dashboard, API, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Company Information

Nexlayer Technologies, Inc.

Registered in the State of Delaware, USA

Registered Office:

16192 Coastal Highway,
Lewes, Delaware 19958, USA
County of Sussex.

3. Beta Services Disclaimer

PLEASE READ CAREFULLY: You acknowledge that the Service is currently in a "Beta" phase of development. By using the Service, you understand and agree that:

The Service may contain bugs, errors, and may experience significant interruptions.
Data Loss Risk: We do not guarantee the preservation of any data created during the Beta phase. We reserve the right to wipe or reset data at any time without notice.
The Service is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind.

4. Eligibility

By using our Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

5. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

6. Intellectual Property & Feedback

The Service and its original content, features, and functionality are and will remain the exclusive property of Nexlayer and its licensors.

Your Feedback

We welcome your suggestions, bug reports, and feature requests ("Feedback"). By submitting Feedback, you grant Nexlayer a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

7. Prohibited Uses

You agree not to use the Service:

In any way that violates any applicable national or international law.
To transmit any unsolicited advertising or promotional material (spam).
To impersonate or attempt to impersonate the Company, a Company employee, or another user.
To reverse engineer, decompile, or disassemble any aspect of the Service.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Nexlayer, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.

In no event shall Nexlayer's total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Service exceed the amount you paid to Nexlayer in the past six (6) months, or one hundred dollars ($100.00), whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nexlayer Technologies, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service or your violation of these Terms.

10. Arbitration and Dispute Resolution

10.1 Agreement to Arbitrate

Except for certain claims that cannot be waived, you agree that any dispute arising out of or relating to these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). This includes a waiver of your right to participate in a class action lawsuit or class-wide arbitration.

10.2 Arbitration Procedures

Location: Arbitration will be conducted in Atlanta, Georgia, USA, unless both parties agree otherwise.
Costs: Each party is responsible for their own arbitration fees and costs unless otherwise determined by the arbitrator.
Confidentiality: All arbitration proceedings are confidential.

10.3 Opt-Out

You have the right to opt out of the arbitration agreement by providing written notice to Nexlayer at the registered office address within thirty (30) days of first using the Service. Opting out will not affect your ability to use the Service, but it will void the arbitration agreement.

11. Modifications to Terms

Nexlayer reserves the right to modify these Terms at any time. We will notify you of significant changes by updating the "Effective Date" and providing notice through the Services. Continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

13. Governing Law

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

Contact Us

If you have any questions about these Terms, please contact us at support@nexlayer.com.