1.  Terms and Conditions

These terms and conditions (hereinafter referred to as the “Terms”) and any additional terms specified in your order or agreement (collectively referred to as the “Agreement”) apply to your access and use of Nexicon’s website, products, and services. By accessing this website or purchasing our services (including registering, ordering through third parties, or executing orders), you agree to comply with these Terms. If you have signed any other written agreement (e.g., an order), that agreement will prevail. If you are signing this Agreement on behalf of a company or other legal entity, you must confirm that you have the authority to bind the entity to these Terms, and in such cases, “Customer” or “You” refers to the entity. If you do not have this authority or do not agree with these Terms, you may not use the services.

2.  Account Registration

If you need to create an account to use our services, please provide accurate and complete information as prompted on the registration page, or log in using third-party services (such as Google). If you choose to use a third-party service, the personal information provided (such as name, email address, etc.) will be used to create your account. Your account will include the username and password you choose, and you are responsible for keeping your account details secure and for all activities under your account. If you detect any suspicious activity or unauthorized actions, please notify us immediately. We are not liable for any loss caused by forgotten passwords or other reasons.
We reserve the right to terminate accounts that are unpaid or inactive for more than 90 days. After termination, all associated data will be deleted.

3.  Content and Data Processing

When using our services, you may upload text, images, audio, video, or other types of data (collectively referred to as “Your Content”). You retain ownership of Your Content. However, in certain cases, some content may not be fully deleted, especially if the content has been used for public reviews, recommendations, or shared with third-party partners.
You grant Nexicon the worldwide right to use Your Content, including but not limited to copying, modifying, creating derivative works, publicly displaying, publicly performing, and distributing it. This license is non-exclusive, global, perpetual, irrevocable, royalty-free, and transferable, with the right to sublicense.
You warrant that you have all necessary rights to the content you provide and that your content does not infringe upon any third-party intellectual property, privacy, or other legal rights. You agree to bear all legal responsibility related to Your Content and ensure that it is not illegal or harmful to others.

4 .  Terms and Conditions

These terms and conditions (the “Terms”) and any additional terms listed in your order or agreement (collectively referred to as the “Agreement”) apply to your use of our website, products, and services. By accessing this website or purchasing our services (including registering, ordering through third parties, or executing orders), you agree to these Terms, unless you have signed another written agreement (such as an order), in which case that agreement will take precedence. If you are signing this Agreement on behalf of a company or other legal entity, you guarantee that you have the authority to bind that entity to these Terms, and “Customer” or “You” refers to the entity. If you do not have this authority or do not agree with the terms, you may not use our services.

5. Restrictions
Our services, including the website, Nexicon platform, related technologies, software, documentation, APIs, training materials, and other content, are protected by national and international copyright, trademark, patent, trade secret laws, and other intellectual property rights. We reserve all rights not expressly granted in these Terms and do not grant any implied or other rights. You must comply with applicable international, federal, state, and local laws when using our services. If violations are detected, we reserve the right to investigate and cooperate with law enforcement agencies to take action.
You may not use the platform or services for any illegal purposes or those prohibited by these Terms, nor engage in any actions that could harm or interfere with the operation of the Nexicon platform and services. The following actions are prohibited:

• Accessing, searching, or using the platform services through unauthorized means;
• Accessing, modifying, or using non-public areas;
• Attempting to probe, scan, or breach Nexicon’s system or network security;
• Decrypting or reverse-engineering software provided by the platform or services;
• Distributing malware or conducting cyberattacks;
• Violating others’ privacy or publishing illegal or inappropriate content;
• Engaging in fraudulent or misleading behavior;
• Attempting or assisting others in conducting any of the above actions.

If you use our communication services (such as bulletin boards, chat rooms, forums, etc.), you agree to post only appropriate messages related to the service. You may not:

• Send spam, advertisements, or unsolicited messages;
• Post offensive or illegal content;
• Upload files containing viruses or malware;
• Share content that infringes copyrights or other proprietary rights;
• Collect others’ data without authorization;
• Impersonate others or mislead people.

Nexicon is not responsible for monitoring communication service content, but we reserve the right to review and remove inappropriate content. We also reserve the right to terminate your use of communication services at any time and may disclose necessary information as required by law.
Please exercise caution when providing personal information while using communication services. Nexicon is not responsible for any consequences arising from your participation, and any uploaded content may be subject to usage restrictions.

6. Privacy Policy
Our privacy policy explains how Nexicon protects your privacy and processes your personal data when you use Nexicon’s website, platform, or services. By using our services, you agree to the processing of your personal data under the privacy policy.
You are responsible for the accuracy and legality of the data you provide to us regarding end-users or other individuals (“Customer Data”). If you use GenAI services, your content (including anonymized data or Customer Data transmitted at your request) may be sent to other applications or websites, including third-party AI providers. By using GenAI services, you authorize us to transmit your content to these third parties. Once your content leaves our environment, we cannot control how it is processed; these third parties will handle the content under their terms.
You are responsible for notifying end-users and other individuals and obtaining their consent when necessary to process their personal data and transmit it to Nexicon and its partners.
Nexicon acknowledges that, as your “data processor/business partner,” we process Customer Data in compliance with applicable data protection laws and follow the data processing agreement. Nexicon is committed to data protection and will implement reasonable security measures to prevent unauthorized use or disclosure of data. If data security issues are identified, we will make an effort to notify you.
While using the services, you must comply with all relevant data protection laws. If violations are detected, notify Nexicon within 24-48 hours.
Given the risks of data transmission over the internet, you accept Nexicon’s security measures. Nexicon offers options for storing data in different regions.

7. Voice and Text Services
Nexicon provides voice and text services. Nexicon is not responsible for: (i) third-party wireless service providers (“Carriers”), or (ii) intermediaries transmitting calls and messages (e.g., system capacity or message delivery issues). Carriers and/or aggregators may impose additional charges for messages, and Nexicon will invoice customers accordingly.
In some cases, such as demonstrations or account reports, Nexicon may send SMS/MMS messages to your phone number. You agree to receive these messages and may opt out by replying “STOP.” Message frequency and related costs may vary.

The parties agree:
(i) If Nexicon’s service providers make claims against Nexicon due to customer violations of the voice and text service terms, the customer will indemnify Nexicon;
(ii) If the claim is not subject to liability limitations, Nexicon will not bear compensation responsibility.

While some voice and text service features support customer compliance efforts, customers understand these features are not compliance tools, and Nexicon is not responsible for compliance violations arising from customers’ use of these services.

Nexicon is not liable for any damages or infringements related to the customer’s voice content. Customers will indemnify Nexicon against any losses or claims arising from their use of voice services. Customers guarantee they have the required permissions and legal rights to use actors’ voices.

For customers using voice bot services, the following additional terms apply:
i. Customers must ensure all user data complies with relevant security and regulatory requirements;
ii. Customers must adhere to “Know Your Customer” requirements and follow all regulatory and legal terms;
iii. Customers must ensure that the user database provided to Nexicon complies with national anti-fraud call registration standards;
iv. Customers must ensure all transmitted content does not contain illegal, unethical, or offensive material;
v. Customers must provide requested information within 24 hours and hard copies within 48 hours;
vi. Customers must regularly provide required information and documents;
vii. Customers agree to indemnify Nexicon and third-party service providers from any claims or liabilities resulting from violations.

8. WhatsApp Business Account
In addition to agreeing to these Terms, when using Nexicon’s WhatsApp Business services, you must also comply with the WhatsApp Business Terms of Service. For detailed terms, please refer to the WhatsApp Business Terms of Service.

9. Links to Third-Party Websites
This website may include links to third-party websites owned and operated by other companies, provided for reference or advertising purposes. These websites are not under Nexicon’s control, and we are not responsible for their content. If any link on the website directs to a third-party service, the service is provided “as is” and “as available” and is subject to the terms of the third party. You agree to comply with the applicable terms of the third party, which may change from time to time.
All advertising platform bots, WhatsApp bots, Gen AI services, and other third-party services are subject to the policies of companies like Microsoft, Google, and Meta. Customers must comply with these policies. If a third-party service provider terminates or suspends its services, or if the customer fails to comply with the relevant policies, Nexicon may immediately terminate the respective order.

10. Intellectual Property/Copyright Infringement
Nexicon respects intellectual property rights and expects you to do the same. If you become aware of any intellectual property rights being infringed—whether your own, Nexicon’s, or those of a third party—please report it to support@nexicon.ai. Nexicon will take appropriate action, including terminating accounts of users who violate such rights and reporting such activities to the relevant authorities.

11. Confidentiality

During the collaboration, either party (“Disclosing Party”) may disclose or provide to the other party (“Receiving Party”) its non-public, proprietary, and confidential information (“Confidential Information”). Confidential Information includes any data that is reasonably considered confidential due to its nature or the circumstances of its disclosure, such as business, product, technical, or marketing information.

Confidential Information does not include:
(a) Information that is publicly known or becomes public knowledge without breach of confidentiality by the Receiving Party;
(b) Information obtained by the Receiving Party from a third party in a non-confidential manner, provided the third party is not prohibited from disclosing it;
(c) Information the Receiving Party already possessed before its disclosure by the Disclosing Party;
(d) Information independently developed by the Receiving Party without using the Disclosing Party’s Confidential Information.

The Receiving Party must:
(a) Protect the Disclosing Party’s Confidential Information with at least the same degree of care used to protect its own Confidential Information and no less than a commercially reasonable level of care;
(b) Use Confidential Information only for exercising rights or fulfilling obligations under these Terms and not for any other purposes;
(c) Not disclose Confidential Information to third parties who have not assumed equivalent confidentiality obligations, except for service providers or financial/legal advisors who need to know such information.

If disclosure of Confidential Information is required by law or legal process, the Receiving Party must make commercially reasonable efforts to notify the Disclosing Party in advance to allow the Disclosing Party to seek a protective order or other remedies.

12. Subscription Term, Fees, and Payment
If Nexicon provides free or discounted services, Nexicon reserves the right to adjust pricing or introduce charges in the future. Continued use of the services may incur fees.
Unless otherwise agreed in writing, services will be provided for the term specified in the order document (“Initial Term”) and will automatically renew for one year upon expiration (each, a “Renewal Term”). Either party may notify the other at least 60 days before the subscription term ends to discontinue renewal. The Initial Term and all Renewal Terms are collectively referred to as the “Subscription Term.”
You must pay service fees as specified in the order document.

13. Technical Support
Nexicon provides technical support for paid users based on the support and service level agreement. For additional technical support, please contact support@nexicon.ai.

14. Professional Services
Nexicon also offers professional services for paid users and will assign a customer success manager to assist you with troubleshooting and implementation support. For more information, please contact support@nexicon.ai.

15. Term and Termination
If you violate these terms, Nexicon may terminate or modify your access to and use of the website and services at any time without notice. You may also cancel your account at any time, though we regret to see you go.
If your account or service is suspended or terminated due to inactivity, or if you choose to terminate your account, we will provide advance notice and assist you in recovering your data.
If we find that you violate the terms or engage in illegal activities, or if required by law enforcement, we reserve the right to suspend your account immediately. You may contact us at support@nexicon.ai within 30 days of receiving the suspension notice to dispute the decision.

This agreement may be terminated by either party with written notice:
(i) Immediately, if one party commits a material breach of the agreement that cannot be remedied;
(ii) After 30 days, if one party breaches the agreement but fails to remedy it within 30 days after receiving notice;
(iii) If one party declares bankruptcy, faces a bankruptcy petition that is not dismissed, or undergoes receivership or liquidation.

Upon termination of the agreement:
(i) The customer must immediately cease using the services;
(ii) The customer must pay for services rendered up to the termination date, including all work directed by the service provider. If the customer terminates the agreement without cause, the customer must pay for the remaining subscription term. Fees already paid are non-refundable and non-adjustable.

Nexicon will export your customer data and delete your data and account after the export. If you do not choose to export your data within 30 days after termination, the data will be deleted per Nexicon’s data retention policy.
Provisions of the agreement that survive termination, including but not limited to payment obligations, confidentiality, disclaimers, and liability limitations, will remain effective.

16. Trial Access
If Nexicon provides free, trial, or evaluation access (“Trial Access”), it is solely for evaluating the services to decide whether to purchase a Nexicon service subscription. You may not use Trial Access for other purposes, such as competitive analysis or commercial activities. Nexicon reserves the right to terminate Trial Access at any time. Unless you purchase a service subscription, Trial Access will cease upon termination or expiration.
If you choose to purchase a service subscription, the terms and conditions of this agreement will apply unless otherwise agreed in writing.
Nexicon does not provide any warranties, indemnities, support, or other obligations for Trial Access.

17. Warranty Disclaimer
Nexicon services are provided “as is,” and we make no warranties of merchantability, fitness for a particular purpose, or non-infringement. We are not responsible for any computer damage, data loss, or other losses resulting from using the website, services, or platform. Some jurisdictions may not allow such disclaimers, and these disclaimers may not apply in those areas.

18. Indemnification and Release
You agree to indemnify and hold Nexicon, its directors, officers, employees, contractors, and advisors harmless from any claims, costs, damages, or legal fees arising from your use of the website, platform, or services, whether due to a breach of the terms or other reasons.

19. Limitation of Liability
Nexicon and its affiliates, officers, employees, agents, suppliers, or licensors are not liable for any damages resulting from the use of services or information obtained through the services. To the fullest extent permitted by law, Nexicon disclaims liability for indirect, special, incidental, punitive, or consequential damages (e.g., loss of profits, data loss, service interruptions), even if advised of the possibility of such damages. Nexicon’s total liability is limited to the amount of service fees you paid in the past month.

20. Feedback and Reviews
The website may allow you to provide feedback and reviews about the platform and services (“Reviews”). By submitting a review, you grant Nexicon the right to use, share, and commercialize the review for free. You warrant that you own or control all rights to the review, including the right to publish it. Reviews represent the opinions of their authors and not those of Nexicon.

21. Advertising and Promotions
Nexicon may display advertisements and promotions from third parties on the website or services. Any business dealings you engage in with these advertisers are solely between you and the third party. Nexicon is not liable for any losses or damages arising from such dealings or the presence of these advertisers.

22. Final Interpretation and Decision on Terms of Service
Nexicon reserves the right to make the final interpretation of this agreement and to modify, terminate, or update the terms of service as necessary. All modifications take immediate effect, and your continued use of the services after any updates constitutes acceptance of the new terms.

23. Dispute Resolution and Governing Law
All disputes will be resolved based on Nexicon’s decision and handled according to Nexicon’s prescribed process. Unless explicitly agreed in writing, you waive the right to pursue disputes through other legal means, such as class actions. Disputes must be resolved under the laws of Nexicon’s jurisdiction, and you waive all local jurisdictional rights.

24. Waiver of Claims
By using Nexicon’s services, you agree not to bring any claims or lawsuits against Nexicon. You acknowledge and agree that all disputes arising from using the services will be resolved according to Nexicon’s decisions, and you waive the right to pursue legal claims or lawsuits.

25. Class Action Waiver
All disputes must be handled individually and not as part of a class or representative action. If a dispute goes to court, both parties waive the right to a jury trial.

26. Entire Agreement
Unless you have a separate valid subscription agreement with Nexicon, these terms constitute the entire agreement between you and Nexicon, superseding any prior agreements.

27. Publicity
Nexicon reserves the right to use your name, trademarks, and logos to identify you as a Nexicon customer.

28. Waiver
Nexicon’s failure to enforce any provision does not constitute a waiver of that provision.

29. Severability
If any provision is deemed invalid, other provisions remain effective, and an enforceable provision will replace the invalid one.

30. Assignment
You may not assign any rights under this agreement. Nexicon reserves the right to assign its obligations.