Terms of Service

1. Acceptance of Terms

By accessing or using any service provided by NexaCloud, Inc. ("NexaCloud", "we", "our", or "us"), you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms applicable to specific services. If you do not agree, do not use our services.

These Terms constitute a legally binding agreement. We recommend you review them periodically as they may be updated. Continued use following any changes constitutes acceptance.

2. Definitions

• Platform — The NexaCloud web application, API, and all related services at nexacloud.io.
• Services — Cloud hosting, managed VPS, e-commerce suite, CDN, security tools, and all other NexaCloud products.
• Account — Your registered NexaCloud user account.
• Content — All data, text, files, and materials you upload or transmit through the Platform.
• Subscription — A paid plan granting access to specific Services for a recurring billing period.

3. Account Registration

To access most Services, you must create an Account. You agree to provide accurate information, maintain password security, be at least 18 years old, and be responsible for all activity under your Account.

We reserve the right to suspend or terminate Accounts that contain false information or violate these Terms.

4. Services

NexaCloud provides software-as-a-service (SaaS) products and cloud infrastructure. We strive for 99.99% uptime on all production environments and publish real-time status at status.nexacloud.io.

Service specifications, resource limits, and features are described on our pricing page. We may modify or discontinue any Service with 30 days' advance notice.

5. E-Commerce Policies

When using our E-Commerce Suite, you agree to comply with all applicable consumer protection laws and these policies:

• Prohibited Products: You may not sell illegal goods, counterfeit products, weapons, or controlled substances.
• Product Accuracy: All listings must accurately represent the items sold. Deceptive descriptions are prohibited.
• Customer Data: You are responsible for handling end-customer data in compliance with GDPR, CCPA, and other applicable laws.
• Transaction Fees: NexaCloud charges a platform fee on sales processed through our integrated gateways, as specified in your plan.
• Refunds: You are solely responsible for refund and return policies presented to your customers.

6. Payment & Billing

Paid Subscriptions are billed monthly or annually in advance. By providing a payment method, you authorize NexaCloud to charge all applicable fees. All prices are in USD. Taxes may be added where required by law. Failed payments may result in service suspension after a 7-day grace period.

Annual plans are non-refundable after 30 days. You may downgrade or cancel at any time; changes take effect at the next billing cycle.

7. Acceptable Use Policy

You agree not to use our platform to send spam, distribute malware, conduct DDoS attacks, mine cryptocurrency without written permission, violate any applicable law, or infringe any third-party intellectual property rights.

8. Intellectual Property

NexaCloud and its licensors own all rights in the Platform, including all software, logos, trademarks, and content we create. These Terms do not transfer any ownership rights to you.

You retain full ownership of all Content you upload. By submitting Content, you grant NexaCloud a limited, non-exclusive, royalty-free license to host and deliver that Content solely for providing the Services.

9. Privacy & Data Protection

Our collection and use of personal data is governed by our Privacy Policy, incorporated into these Terms by reference. For GDPR-subject customers, NexaCloud acts as a Data Processor. Our DPA is available upon request.

We maintain ISO 27001 certification and comply with SOC 2 Type II standards.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NexaCloud does not warrant that the Services will be uninterrupted or error-free. You are responsible for maintaining appropriate backups of your data.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXACLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL NEXACLOUD'S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT PAID IN THE PRECEDING 12 MONTHS, OR (B) $100 USD.

12. Termination

You may terminate your Account at any time through account settings. NexaCloud may terminate or suspend your Account immediately for breach of these Terms. Upon termination, we will retain your Content for 30 days to allow data export, after which it will be permanently deleted.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of California, USA. Disputes shall first be submitted to good-faith negotiation. If unresolved within 60 days, they will be resolved through binding arbitration administered by JAMS in San Francisco. Class-action lawsuits are waived.

14. Contact Us