Nexar Terms of Service

Throughout these Terms, we may use certain capitalized terms. Here's what they mean:

• "Nexar" (or "we," "our," or "us") refers to the company that operates the Service.
• "Service" refers to the Nexar website, software, and all services provided by Nexar.
• "User" (or "you" or "your") refers to any individual or entity that uses our Service.
• "Account" refers to your registered account on our Service.
• "Software" refers specifically to the Nexar AIO application.
• "Content" refers to any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Service.

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

You may not share your account credentials with any third party. You may not transfer, sell, or assign your account to any other person or entity without our prior written consent.

You agree not to use the Service for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

You agree not to:

• Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service
• Use the Service to distribute viruses, malware, or other harmful computer code
• Attempt to circumvent any technological measure implemented by Nexar to protect the Service
• Attempt to access or search the Service through the use of any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by Nexar
• Use automated scripts to collect information from or otherwise interact with the Service
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

The Service and its content, features, and functionality are and will remain the exclusive property of Nexar and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nexar.

In no event shall Nexar, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Effective Date: 12/24/24

Welcome to Nexar AIO ("the Software"). By accessing or using the Software, you ("the User") agree to be bound by these Terms. If you do not agree, you must discontinue use of the Software immediately.

1. Acceptance of Terms

By using the Software, the User agrees that:

1.1. They have read, understood, and accepted these Terms.

1.2. They are at least 18 years old or of legal age in their jurisdiction.

1.3. They will comply with all applicable laws, rules, and regulations.

2. Description of Service

2.1. Purpose: The Software is advanced automation software designed to assist the User in purchasing products from a variety of online retail platforms, including but not limited to Shopify websites, Footsites, and other e-commerce platforms.

2.2. Features:

• Automated checkout processes.
• Support for multiple retail platforms.
• Inventory monitoring and notifications.
• Proxy integration for privacy and functionality.

2.3. Trademark Disclaimer:
All product names, logos, and brands mentioned within these Terms or in connection with the Software are the property of their respective owners. References to platforms such as Shopify, Footsites, or other e-commerce platforms are for informational purposes only. The Software is not affiliated with, endorsed by, or sponsored by any of these third-party platforms. Use of these names does not imply any association, endorsement, or partnership.

2.4. Disclaimer of Guarantees: The Software is provided "as is" and does not guarantee:

• The availability or functionality of the Software at all and any times.
• The successful purchase or acquisition of any specific product.

3. User Responsibilities

3.1. Compliance with Laws: The User must comply with all applicable laws, rules, and regulations while using the Software. The use of the Software for illegal purposes, including but not limited to fraud or the use of unauthorized payment methods, is strictly prohibited.

3.2. Use of Third-Party Platforms:

• The User is responsible for their actions on third-party websites, including compliance with the terms of service of those platforms.
• The Software does not encourage, endorse, or prohibit any specific actions on third-party platforms. The User assumes full responsibility for any consequences, including but not limited to account bans, order cancellations, restocking fees, or other penalties.

3.3. Responsibility for Purchases:

• The User is fully responsible for including but not limited to:
  • Monitoring and setting purchase limits.
  • Ensuring accurate selection of items, sizes, and quantities.
• The Software is not liable for:
  • Purchases of incorrect or unwanted items.
  • Excessive purchases made by the User.
  • Financial losses resulting from the User's actions, such as overspending or canceled transactions.

3.4. No Responsibility for Profit or Loss:

• The Software does not guarantee any financial outcome from its use.
• The User assumes full responsibility for any profit or loss, including but not limited to:
  • Revenue loss due to failed or incomplete purchases.
  • Financial risks associated with reselling items acquired using the Software.

3.5. Indemnification: The User agrees to indemnify and hold the Software harmless from any claims, damages, losses, or liabilities arising from:

• Misuse of the Software.
• Purchases made using the Software, including errors or unauthorized transactions.
• Violations of applicable laws or third-party terms.

4. Privacy and Data

4.1. Privacy Policy: The Software respects the User's privacy. The collection, use, and storage of data are governed by the Privacy Policy. By using the Software, the User agrees to the practices outlined in the Privacy Policy.

4.2. Data Security:

• The Software implements measures to protect the User's data but does not guarantee complete security.
• The User is responsible for safeguarding their account credentials, proxies, and payment information.

4.3. Third-Party Platforms: The Software interacts with third-party platforms. The Software is not responsible for the privacy practices or data handling of these third parties.

5. Updates and Modifications

5.1. Software Updates: The Software may release updates, patches, or new versions to improve functionality or address security concerns. The User is required to install updates promptly to maintain service continuity.

5.2. Terms Revisions: The Software reserves the right to modify these Terms at any time. Significant changes will be communicated via email or through the Software interface. Continued use of the Software constitutes acceptance of the updated Terms.

6. Intellectual Property

6.1. Ownership: All rights, title, and interest in the Software, including code, designs, trademarks, and other intellectual property, remain the exclusive property of the Software or its licensors.

6.2. License: The User is granted a non-exclusive, non-transferable, revocable license to use the Software in accordance with these Terms.

6.3. Prohibited Actions: The User may not:

• Reverse engineer, decompile, or extract the source code of the Software.
• Resell, sublicense, or distribute the Software without prior written consent.

7. Limitation of Liability

7.1. No Warranty: The Software is provided "as is" without any warranties, express or implied. The Software does not guarantee:

• That the Software will meet the User's expectations.
• Uninterrupted or error-free operation.

7.2. Limitation: To the fullest extent permitted by law, the Software is not liable for:

• Indirect, incidental, or consequential damages.
• Losses from failed transactions, excessive purchases, or incorrect item selection.
• Loss of profit, revenue, or anticipated savings.

8. Termination of Membership

8.1. Termination by the Software: The Software reserves the right to suspend or terminate the User's membership at any time for any reason, including:

• Violation of these Terms.
• Suspected misuse of the Software.
• Engagement in prohibited activities or illegal conduct.

8.2. Effect of Termination: Upon termination, the User must cease all use of the Software and delete associated files or materials. No refunds will be issued unless explicitly stated otherwise.

8.3. Termination by the User: The User may terminate their use of the Software at any time by discontinuing access.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms are governed by the laws of New York as Nexar AIO is a registered New York Limited Liability Company.

9.2. Dispute Resolution: Any disputes arising out of or related to these Terms shall be resolved through arbitration, unless otherwise required by law.

10. Contact Information

For questions or concerns about the Nexar AIO software, please contact:

Email: support@nexaraio.com