Terms and Conditions
Last updated: January 2025
1. What is the scope of the Terms?
These Terms and Conditions ("Terms") become part of any contract ("Agreement") between you ("you", "yours" or "User") and Nexuain ("we", "our" or "us") provided we made these Terms accessible to you prior to entering into the Agreement and you consent to these Terms. You can contact us by writing to nexuain@gmail.com.
The Agreement is concluded by using our Services and/or any API facilitated by Nexuain; subject to these Terms. The use of our Services is only permitted to legal entities, partnerships and natural persons with unlimited legal capacity. In particular, minors are prohibited from using our Services.
The application of your general terms and conditions is excluded. Your deviating, conflicting or supplementary general terms and conditions shall only become part of the Agreement if and to the extent that Nexuain has expressly agreed to their application in writing. This consent requirement shall apply in any case, even if for example Nexuain, being aware of your general terms and conditions, accepts payments by the contractual partner without reservations.
We reserve the right to change these Terms at any time and without giving reasons, while considering and weighing your interests. The new Terms will be communicated to you in advance. They are considered as agreed upon if you do not object to their validity within 14 days after receipt of the notification. We will separately inform you about the essential changes, the possibility to object, the deadline and the consequences of inactivity. If you object, the current version of the Terms remains applicable. Our right to terminate the contract according to Clause 13 remains unaffected.
2. What do some of the capitalized terms mean in the Agreement?
- Blockchain
- "Blockchain" means a mathematically secured consensus ledger such as the Ethereum Virtual Machine, an Ethereum Virtual Machine compatible validation mechanism, or other decentralized validation mechanisms.
- Transaction
- "Transaction" means a change to the data set through a new entry in the continuous Blockchain.
- SmartContract
- "Smart Contract" is a piece of source code deployed as an application on the Blockchain which can be executed, including self-execution of Transactions as well as execution triggered by 3rd parties.
- Token
- "Token" is a digital asset transferred in a Transaction, including ETH, ERC20, ERC721 and ERC1155 tokens.
- Wallet
- "Wallet" is a cryptographic storage solution permitting you to store cryptographic assets by correlation of a (i) Public Key and (ii) a Private Key or a Smart Contract to receive, manage and send Tokens.
- Services
- "Services" means the services provided by Nexuain including but not limited to applied AI, process automation, web development, and blockchain integration consulting services.
- Website
- "Website" means our website at nexuain.com and any subdomains.
- Api
- "API" means any application programming interface provided by Nexuain.
3. Description of Services
Nexuain provides consulting and technology services including applied AI solutions, process automation, web development, and blockchain integration. Our services are tailored to help SMEs and enterprises accelerate their business processes through technology.
4. User Obligations
- You agree to use our Services only for lawful purposes and in accordance with these Terms.
- You agree not to use our Services in any way that could damage, disable, overburden, or impair our servers or networks.
- You agree not to attempt to gain unauthorized access to any part of our Services, other accounts, computer systems or networks connected to our Services.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the property of Nexuain or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not modify, reproduce, distribute, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.
6. Privacy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our Services, to understand our practices regarding the collection and use of your personal information.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Nexuain 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 use of our Services.
Nexuain's total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid to Nexuain in the twelve (12) months preceding the claim.
8. Indemnification
You agree to defend, indemnify, and hold harmless Nexuain, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your use of our Services or violation of these Terms.
9. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
For consumers domiciled in another European country, the mandatory provisions of the consumer protection laws of the member state in which the consumer is domiciled shall also apply, provided that these are more advantageous for the consumer than the provisions of Spanish law.
11. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Nexuain
12. Entire Agreement
These Terms constitute the entire agreement between you and us in relation to the Agreement's subject matter. It replaces and extinguishes any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of either of us, whether oral or written, public or private, in relation to that subject matter.