Terms & Conditions
Terms and Conditions
Last Updated: August 22, 2025
These Terms and Conditions (“Terms”, “Terms and Conditions”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “user”), and NEXXVIA AI Consulting (“we”, “us”, “our”, “Company”), concerning your access to and use of our website, services, and any related content, materials, information, or resources (collectively, the “Services”).
By accessing our website, using our services, or providing your contact information to us, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use immediately.
NEXXVIA AI Consulting provides AI technology consulting services, including but not limited to:
– Artificial intelligence strategy development
– AI implementation consulting
– Technology assessment and recommendations
– Custom AI solution development
– Training and support services
– Related consulting and advisory services
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
3.1 Express Written Consent for Text Messages and Emails
BY PROVIDING YOUR PHONE NUMBER AND/OR EMAIL ADDRESS TO US, YOU EXPRESSLY CONSENT AND AGREE TO RECEIVE MARKETING, PROMOTIONAL, INFORMATIONAL, AND TRANSACTIONAL TEXT MESSAGES AND EMAILS FROM NEXXVIA AI CONSULTING AND OUR AUTHORIZED REPRESENTATIVES.
This consent includes, but is not limited to:
– Marketing and promotional messages about our services
– Service updates and announcements
– Appointment reminders and confirmations
– Follow-up communications regarding consultations
– Special offers, discounts, and exclusive content
– Industry insights and educational content
– Surveys and feedback requests
3.2 Frequency and Charges
– Text Messages: You may receive up to 20 marketing messages per month, plus transactional messages as needed
– Email Messages: You may receive up to 20 marketing emails per week, plus transactional emails as needed
– Message and data rates may apply as determined by your wireless carrier or internet service provider
– We do not charge fees for our messages, but your carrier may charge you for receiving messages
3.3 Automated Communication Systems
You acknowledge and consent that:
– Text messages may be sent using an automatic telephone dialing system or artificial/prerecorded voice
– Email messages may be sent using automated systems
– Messages may be sent to the wireless telephone number you provided
– Your consent is not a condition of purchasing our services
3.4 Opt-Out Rights and Mechanisms
You have the right to opt out of receiving marketing communications at any time:
For Text Messages:
– Reply STOP, CANCEL, UNSUBSCRIBE, END, or QUIT to any text message
– We will process your opt-out request immediately and confirm your removal
– You may also contact us directly using the information in Section 16
For Email Messages:
– Click the “Unsubscribe” link at the bottom of any marketing email
– Reply to any marketing email with “UNSUBSCRIBE” in the subject line
– Contact us directly using the information in Section 16
Important: Opting out of marketing messages does not affect transactional communications related to services you have purchased or inquiries you have made.
3.5 Do Not Call List Protection
IMPORTANT NOTICE REGARDING DO NOT CALL LISTS:
By providing your telephone number to us and consenting to receive calls and text messages, you acknowledge that:
– Your express consent constitutes a written exception to Do Not Call requirements under federal and state law
– We are authorized to contact you even if your number is listed on the National Do Not Call Registry or any state Do Not Call list
– Your consent overrides any Do Not Call list registration for the purposes of our business relationship and marketing communications
– This consent remains valid until you revoke it using the opt-out methods described above
Revocation of Consent: If you opt out or revoke your consent to receive communications from us, we will:
– Add your number to our internal Do Not Call list
– Cease all marketing communications to your number
– Ensure your number is not contacted for marketing purposes in the future
– Honor your Do Not Call preferences in compliance with applicable law
It may take up to 30 days to process your revocation of consent request.
3.6 Consent Documentation and Records
We maintain records of your consent, including:
– Date and time of consent
– Method of consent (web form, verbal, text opt-in, etc.)
– Contact information provided
– Specific consent language agreed to
– Any subsequent opt-out requests
These records may be used to demonstrate compliance with applicable laws and regulations.
4.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to:
– Provide accurate, current, and complete information during registration
– Maintain and update your account information
– Keep your account credentials secure and confidential
– Accept responsibility for all activities under your account
4.2 Account Responsibilities
You are responsible for:
– All activities that occur under your account
– Maintaining the confidentiality of your login credentials
– Immediately notifying us of any unauthorized access or security breach
– Ensuring your contact information remains current for important communications
5.1 Permitted Uses
You may use our Services only for lawful purposes and in accordance with these Terms. Permitted uses include:
– Accessing information about our consulting services
– Scheduling consultations or requesting quotes
– Communicating with our team about potential projects
– Receiving authorized marketing and service communications
5.2 Prohibited Uses
You agree not to use our Services to:
– Violate any applicable law, regulation, or third-party rights
– Transmit any harmful, offensive, or inappropriate content
– Attempt to gain unauthorized access to our systems or data
– Interfere with the security or proper functioning of our Services
– Use automated systems to access our Services without permission
– Impersonate any person or entity or misrepresent your affiliation
– Collect or harvest information about other users
– Use our Services for any commercial purpose without our consent
6.1 Our Intellectual Property
All content, materials, trademarks, service marks, logos, and intellectual property on our website and in our Services are owned by NEXXVIA AI Consulting or our licensors. This includes:
– Website content, design, images/ graphics, and functionality
– Marketing materials and presentations
– Proprietary methodologies and frameworks
– Software tools and applications
– Consulting templates and deliverables
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Services for their intended purposes. This license does not permit you to:
– Copy, modify, or create derivative works
– Distribute, sell, or commercially exploit our content
– Remove proprietary notices or markings
– Use our intellectual property for competitive purposes
6.3 User-Generated Content
Any information, feedback, or content you provide to us may be used by us for business purposes, including service improvement and marketing, subject to our Privacy Policy.
7.1 Service Fees
Consulting services are provided pursuant to separate service agreements that specify:
– Scope of work and deliverables
– Payment terms and schedules
– Project timelines and milestones
– Specific terms and conditions for the engagement
7.2 Payment Processing
– All fees are due as specified in your service agreement
– We accept payment methods as specified in your service agreement
– Late payments may incur additional charges as specified in your service agreement
– All fees are non-refundable unless otherwise specified in your service agreement
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you also consent to our Privacy Policy.
Key privacy commitments include:
– Protecting your personal information with appropriate security measures
– Using your information only for authorized purposes
– Providing you with control over your personal information
– Complying with applicable privacy laws and regulations
9.1 Third-Party Integrations
Our Services may integrate with or link to third-party services, websites, or applications. We are not responsible for:
– The availability, content, or practices of third-party services
– Any transactions between you and third parties
– The privacy or security practices of third parties
9.2 Third-Party Terms
Your use of third-party services is subject to their respective terms and conditions. We encourage you to review the terms and privacy policies of any third-party services you access through our Services.
10.1 Service Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:
– MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
– ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
– UNINTERRUPTED OR ERROR-FREE OPERATION
– SECURITY OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS
10.2 Consulting Disclaimer
– Our consulting services are based on our professional judgment and industry experience
– Results may vary and are not guaranteed
– Implementation of recommendations is at your sole discretion and risk
– We are not liable for business decisions made based on our advice
10.3 AI and Technology Disclaimer
– AI technology is rapidly evolving and results may vary
– We make no guarantees about the performance of AI implementations
– Technology recommendations are based on current industry standards
– You are responsible for evaluating the suitability of any technology solutions
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
11.1 Damages Limitation
IN NO EVENT SHALL NEXXVIA AI CONSULTING, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR:
– INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
– LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
– DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR DELAYS
– DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR SERVICES
11.2 Maximum Liability
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11.3 Essential Purpose
These limitations are an essential part of the agreement between us and reflect the allocation of risk between the parties.
You agree to defend, indemnify, and hold harmless NEXXVIA AI Consulting and its officers, directors, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney fees) arising from:
– Your use of our Services
– Your violation of these Terms
– Your violation of any third-party rights
– Any content you provide to us
– Your business activities or implementations of our recommendations
13.1 Termination Rights
We may terminate or suspend your access to our Services immediately, without prior notice, if:
– You breach any provision of these Terms
– We suspect fraudulent, abusive, or illegal activity
– We discontinue our Services
– Required by law or regulatory authorities
13.2 Effect of Termination
Upon termination:
– Your right to use our Services immediately ceases
– You must stop using all our proprietary materials
– Provisions that should survive termination will remain in effect
– We may delete your account and associated data
13.3 Survival
The following sections shall survive termination: Intellectual Property Rights, Payment Terms, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including:
– Natural disasters, acts of God, or severe weather conditions
– War, terrorism, civil unrest, or government actions
– Pandemics, epidemics, or public health emergencies
– Internet service failures or telecommunications outages
– Cyber attacks or system security breaches
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Wyoming, without regard to conflict of law principles.
15.2 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of [Your City, State], and you hereby consent to personal jurisdiction and venue in such courts.
15.3 Dispute Resolution
Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute through good faith negotiations. If informal resolution fails, you agree to binding arbitration under the rules of NEXXVIA AI Consulting’s choice of Arbitration Organization.
15.4 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and us regarding the use of our Services.
16.2 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
– Email notification to registered users
– Prominent notice on our website
– Direct communication for significant changes
Continued use of our Services after changes take effect constitutes acceptance of the modified Terms.
16.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
16.4 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of that term or any other term.
16.5 Assignment
We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.
16.6 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
For questions about these Terms and Conditions, to exercise your communication preferences, or to contact us regarding any other matter, please reach out to us:
NEXXVIA AI CONSULTING
– Email: info@nexxvia.com
– Website: www.nexxvia.com
For Communication Opt-Outs:
– Email: info@nexxvia.com
– Text STOP to: For text message opt-outs
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Effective Date: August 1, 2025
By using our Services or providing your contact information to us, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.