Terms of Service

These Terms of Service ("Terms") form a binding agreement between you (and the business you represent) ("you," "Customer") and NexOS Intelligence, Inc. ("NexOS," "we," "us"). By creating an account, connecting a system, or using our products and services (the "Service"), you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.

NexOS provides an AI-powered operational foresight platform that connects to your business systems, analyzes operational data, and returns forecasts, reports, and recommendations. The specific products and features available to you are described at nexosintelligence.com and in any order or subscription you enter into with us.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You agree not to: reverse engineer, decompile, or attempt to extract the underlying models, algorithms, or source code of the Service; resell, sublicense, or provide the Service to third parties except as expressly permitted; use the Service to violate any law or the rights of others; interfere with or disrupt the integrity or performance of the Service; or access the Service to build a competing product or to benchmark it for a competitor.

The Service works by connecting to third-party systems you authorize (for example, point-of-sale, labor, accounting, or reservation platforms, including Intuit QuickBooks). You represent that you are authorized to connect each such system and to permit our access to the data in it. Your use of each connected third-party system remains governed by that third party's own terms; we are not responsible for those services. You may disconnect any system at any time.

As between you and us, you own your business data and any data accessed through your connected systems ("Customer Data"). You grant us a limited license to access, process, and use Customer Data solely to provide and improve the Service as described in our Privacy Policy (https://www.nexosintelligence.com/privacy). We do not sell Customer Data and do not use it to train third-party foundation models. Our handling of Customer Data is governed by our Privacy Policy and our Trust page (https://www.nexosintelligence.com/trust).

The Service is designed so that high-impact and irreversible actions are never executed autonomously. Drafts, reads, and recommendations may be generated automatically, but any action that writes back to a connected system or has material business consequence requires human approval before execution. You are responsible for reviewing recommendations before acting on them.

If you purchase a paid subscription, you agree to the fees, billing frequency, and terms presented at the time of purchase. Unless stated otherwise, fees are non-refundable, and subscriptions renew automatically until cancelled. We may change pricing on prospective renewal with notice.

The Service, including all software, models, methods, and content we provide (excluding Customer Data), is owned by NexOS and protected by intellectual property laws. These Terms grant you no ownership in the Service. Feedback you provide may be used by us without obligation to you.

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or rightfully received from a third party.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Service generates forecasts and recommendations that are probabilistic and informational; you are responsible for your operational decisions. We do not warrant that the Service will be uninterrupted, error-free, or that any forecast will be accurate.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold NexOS harmless from claims arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right, including your unauthorized connection of a system you were not permitted to connect.

You may stop using the Service and disconnect your systems at any time. We may suspend or terminate access for breach of these Terms or as required by law. On termination, your license ends and we will delete or return Customer Data as described in our Privacy Policy.

These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-laws rules.

We may update these Terms from time to time. We will post the updated version here with a revised "Last updated" date. Your continued use after changes take effect constitutes acceptance.

timothy@nexosintelligence.com · NexOS Intelligence, Inc. · 15 E Kuu Aku Ln, #107, Lahaina, HI 96761