Terms of Service — Nexxt Intelligence

Effective Date: March 8, 2025

Welcome to Nexxt Intelligence Inc. (“Nexxt Intelligence”, "Nexxt", "we", "our" or "us"). These Terms of Service ("Terms") govern your access and use of our website at https://www.nexxt.in (our "Website") as well as the inca Platform and related services including inca AI Coding and inca SmartProbe API (collectively, the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms.

Overview

These Terms apply to all individuals or entities accessing our Services, including:

  • "Website Visitors": Individuals who access or use our Website.

  • "Authorized Users": Individuals who access and use our SaaS platform and related products under a Master Services Agreement ("MSA") or equivalent agreement between Nexxt Intelligence and their company ("Customer").

  • "Survey Participants": Individuals who respond to surveys or research projects delivered via our conversational AI platform or SmartProbe API.

These Terms supplement, and do not replace or override, the MSA for Authorized Users. If there are conflicts or inconsistencies between these Terms and the relevant MSA, the MSA governs for Authorized Users.

You represent and warrant that you have the legal authority to agree to these Terms.

Eligibility & Age Restrictions

By using our Services, you confirm that:

  • Website Visitors: You are of sufficient legal age to use standard, non-prohibited websites under applicable laws in your jurisdiction. Our Website does not knowingly contain or market prohibited or inappropriate material for minors. If you choose to subscribe to our newsletter, you confirm you are old enough in your jurisdiction to consent to receiving communications from us.

  • Survey Participants: Unless explicit permission from your legal guardian has been expressly provided at the start of the survey, you confirm you are at least 16 years old or the minimum age provided by applicable laws in your jurisdiction.

  • Authorized Users: You confirm you have reached the age of legal majority to form binding contracts and use professional services in your jurisdiction.

We do not knowingly collect personal information from minors without appropriate consent. See our Privacy Policy for more details at https://www.nexxt.in/privacy.

If we discover or reasonably suspect any violation of these age limitations, we may terminate your access to our Services immediately.

User Rights and Responsibilities

Authorized Users shall:

  • Keep their accounts, user names, passwords, API keys, and other access credentials secure and confidential. Please notify Nexxt Intelligence (support@nexxt.in) immediately in case of any suspected unauthorized use or security breach.

  • Ensure all survey data generation, collection, and use via our Services complies with all applicable laws, including, without limitation, laws and regulations related to privacy, data protection, consumer marketing, and protection of minors.

  • Be solely responsible for all content, data, and other information submitted, published, or transmitted via our Services.

Authorized Users and Survey Participants shall:

  • Only upload or transmit content that they have the full legal right, authorization, and permission to upload or transmit. Content submitted must not infringe any intellectual property rights, copyrights, trademarks, trade secrets, or other rights of any third party.

  • Not submit, share, or publicly post any information, content, or data that is unlawful, harmful, abusive, offensive, defamatory, fraudulent, deceptive, invasive of privacy or publicity, sexually explicit, violent, hateful, discriminatory, or otherwise inappropriate or objectionable.

  • Comply with any applicable terms and conditions, including those provided by Nexxt Intelligence's Customers who have invited you to participate in a survey.

Nexxt Intelligence reserves the right to investigate violations and may remove or suspend problematic content or Surveys at its discretion.

Privacy and Personal Data

Your privacy is important to us. Our Privacy Policy, available at https://www.nexxt.in/privacy, describes in detail how we collect, use, and disclose personal data in connection with our Services.

Authorized Users and Customers understand and acknowledge they are responsible for their obligations regarding personal data under applicable data protection and privacy laws, including obtaining appropriate consent and permissions from Survey Participants when required.

Intellectual Property Rights

Nexxt Intelligence exclusively owns and reserves all rights, title, and interest in and to our Services, including but not limited to the design, software code, platform, AI technology, machine learning models, user interface, branding and trademarks, documentation, reports, and analyses provided via our Services. Nothing in these Terms grants you any rights over Nexxt Intelligence intellectual property other than as specifically permitted within the context of your authorized use of the Services.

Authorized Users and Customers retain ownership and control over survey data collected or provided, subject to the rights granted to Nexxt Intelligence under the relevant MSA or when applicable under these terms.

Limitation of Liability and Disclaimers

Our Services are provided “AS IS” and “AS AVAILABLE,” without warranties or conditions of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, error-free operations, or continuous availability. Nexxt Intelligence assumes no responsibility for errors, omissions, breakdowns, or service interruptions.

To the fullest extent permitted by applicable law, Nexxt Intelligence will not under any circumstances be liable to you or any third party for indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to your use of our Services, even if Nexxt Intelligence has been informed of the possibility of such damages.

Any liability we may have concerning Authorized Users or Customers is subject exclusively to and limited by the terms defined in the relevant MSA.

Third-Party Links and Integrations

Our Website and Services may include hyperlinks to third-party websites or services, integrations with third-party platforms or APIs. Nexxt Intelligence is not responsible for the content, products, policies, or practices of such third-party sites or services. Your interactions with third-party platforms are governed by their respective terms and conditions and privacy policies.

Changes to These Terms

Nexxt Intelligence reserves the right to modify these Terms at any time at our sole discretion. We will inform you by posting updated versions and the effective date on our Website. Continued use of our Services following any modifications signifies your acceptance of the revised Terms.

Termination

We may terminate or suspend your account or access rights immediately and without notice if you breach these Terms or for any other reasonable business purpose. Upon termination, all rights granted to you under these Terms will cease immediately.

Governing Law and Jurisdiction

These Terms and your use of our Services are governed and interpreted according to the laws of the Province of Ontario, Canada, excluding its conflict-of-law provisions. You agree that disputes or claims under these Terms shall be resolved exclusively by competent jurisdiction courts in Toronto, Ontario, Canada.

Contacting Nexxt Intelligence

If you have questions or concerns regarding these Terms, please contact:

Nexxt Intelligence Inc.

375 University Ave.

Suite 102, Toronto ON

M5G 2J5 Canada

Email: legal@nexxt.in