Terms & Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• "Account" means a unique account created for You to access our Service or parts of our Service.
• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nexstruq, accessible from https://www.nexstruq.com.
• "Country" refers to the United States (or specify your primary jurisdiction).
• "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content (e.g., project designs, BOQs, reports).
• "Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• "Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• "Service" refers to the Nexstruq architect and construction management SaaS platform.
• "Terms and Conditions" (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• "Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service (e.g., Slack integration for support).
• "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. Authentication is securely managed using Google Cloud email/password authentication.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Content

Your Right to Post Content

Our Service allows You to post Content (e.g., upload designs, BOQs, site surveys). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples include:

• Unlawful or promoting unlawful activity
• Defamatory, discriminatory, or mean-spirited content
• Spam, machine-generated, or unauthorized advertising
• Content containing viruses, malware, or other harmful code
• Infringing on proprietary rights of any party
• Impersonating any person or entity
• Violating the privacy of any third person
• False information and features

Content Backups

Although regular backups of Content are performed (e.g., for project timelines and reports), the Company does not guarantee there will be no loss or corruption of data. Files are stored on Backblaze B2, which is ISO 27001 and ISO 27701 certified, ensuring high availability and security.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

DMCA Notice and Procedure

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest
• A description of the copyrighted work that You claim has been infringed
• Identification of the URL or other specific location on the Service where the material is located
• Your address, telephone number, and email address
• A statement that You have a good faith belief that the disputed use is not authorized
• A statement made under penalty of perjury that the above information is accurate

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality (e.g., budget tracking, auto-approvals, activity scheduler) are and will remain the exclusive property of the Company and its licensors.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company (e.g., PDF export tools). The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

Subscription and Payments

The Service is provided on a subscription basis. You agree to pay all fees associated with your subscription (e.g., for features like project expense punching, vendor payments). All payments are non-refundable except as specified in our refund policy.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Data stored on Google Cloud and files on Backblaze B2 will be retained per our Privacy Policy retention schedule.

Limitation of Liability

To the fullest extent permitted by law, the Company 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.

In no event shall the Company's aggregate liability exceed the amounts you paid us in the 12 months preceding the claim.

Governing Law

These Terms shall be governed in accordance with the laws of the United States (or specify jurisdiction), without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in [City, State], except for claims for injunctive or equitable relief.

Changes

We may update these Terms from time to time. Continued use after changes constitutes acceptance. We will notify you via email or on the platform.

Contact Us

If you have any questions about these Terms, please contact us by email at support@nexstruq.com