Terms of Service

Version 4.1 · Effective April 30, 2026

These Terms of Service (the "Terms") constitute a binding legal agreement between you ("Client," "you," "your") and Nxera Digital LLC, a Florida limited liability company with principal offices at 1201 E Ponce De Leon Blvd, Coral Gables, FL 33134 ("Nxera," "we," "us," "our"). These Terms govern your access to and use of: Nxera's website at getnxera.com, all of its subdomains, and all websites hosted by Nxera at *.getnxera.com (the "Site"); Nxera's AI-powered website-building, hosting, postcard, monitoring, and visibility services (the "Services"); the client portal; the Nxera mobile, desktop, or browser applications, if any; and any related platforms, content, software, deliverables, communications, and APIs (collectively, the "Nxera Offerings").

These Terms incorporate by reference the Nxera Privacy Policy, Acceptable Use Policy, Refund Policy, Data Processing Addendum, Cookie Policy, and DMCA Policy (collectively, the "Nxera Policies"). The Nxera Policies are an integral part of these Terms and have the same binding force.

READ THIS BEFORE USING THE SERVICES. THESE TERMS CONTAIN PROVISIONS THAT MATERIALLY AFFECT YOUR LEGAL RIGHTS.

BY CLICKING "I AGREE," CHECKING THE ACCEPTANCE BOX, REGISTERING AN ACCOUNT, USING THE SITE, USING THE SERVICES, OR ACCEPTING DELIVERY OF ANY DELIVERABLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND THE NXERA POLICIES. IF YOU DO NOT AGREE, DO NOT USE THE NXERA OFFERINGS.

1. Definitions and Interpretation

1.1 Defined Terms

In addition to terms defined elsewhere in these Terms, the following terms have the meanings stated:

1.2 Interpretation

Unless context requires otherwise: (a) "including" and its variants mean "including without limitation"; (b) headings are for convenience only and do not affect interpretation; (c) singular includes plural and vice versa; (d) references to a statute include subsequent amendments and replacements; (e) references to "writing" include email; (f) references to days mean calendar days unless otherwise stated; (g) the words "shall" and "will" are mandatory; (h) "or" is inclusive (and/or); and (i) currency references are to U.S. Dollars.

1.3 Drafting Convention

Both parties have had the opportunity to review these Terms with counsel of their choice. The principle of construing ambiguities against the drafter does not apply.

1.4 Order of Precedence

In any conflict among these documents, precedence is: (1) a fully signed amendment specifically referencing the conflict; (2) these Terms; (3) the Nxera Policies in the order they appear in the preamble; (4) any Order. A more-specific provision controls over a more-general provision on the same subject only if the specific provision was negotiated and signed by both parties.

2. Eligibility, Account, and Acceptance

2.1 Eligibility

To use the Nxera Offerings, you must: (a) be at least eighteen (18) years old; (b) be legally able to enter into binding contracts under the laws of the United States and the State of Florida; (c) not be barred from receiving the Services under any applicable law; (d) not be located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. economic sanctions; (e) not appear on any U.S. government list of restricted parties (including the Specially Designated Nationals List); and (f) operate a business in an industry not prohibited by the Acceptable Use Policy.

2.2 Authority to Bind

If you accept these Terms or use the Nxera Offerings on behalf of any business, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity. References to "you" or "Client" include both you individually and that entity, jointly and severally. If you lack such authority, you must not accept these Terms or use the Nxera Offerings.

2.3 Information Accuracy

You represent and warrant that all information you provide to Nxera is true, accurate, current, and complete, and you agree to keep it updated. Nxera may rely on the information you provide. Material misrepresentations are grounds for immediate termination without refund and may give rise to liability under fraud, breach-of-contract, and false-advertising statutes.

2.4 Account Security

You are solely responsible for: (a) safeguarding your account credentials; (b) all activity that occurs under your account, whether or not authorized by you; (c) notifying Nxera within twenty-four (24) hours of any actual or suspected unauthorized access; and (d) any losses, damages, or liabilities arising from your failure to comply with this Section 2.4. Nxera is not liable for any loss or damage arising from unauthorized account access.

2.5 One Account

Each Client may maintain one (1) active account per business entity. Operating multiple accounts, registering under different names, using different email addresses, or otherwise attempting to: (a) circumvent pricing; (b) obtain multiple free builds for the same or related business; (c) avoid the Initial Term; (d) re-trigger refund eligibility under Section 5.2; or (e) avoid suspension or termination, is a material breach. Nxera may consolidate, suspend, or terminate any such accounts, retain all sums paid, and pursue collection of any amounts owed across the related accounts.

2.6 Acceptance Recordkeeping

You acknowledge and agree that Nxera will record the time, IP address, browser fingerprint, and page version associated with your Acceptance. That record is admissible evidence of your assent to these Terms. You waive any objection to the authenticity or admissibility of such records based on their electronic form.

2.7 Updates Require Re-Acceptance

Nxera may require Acceptance of an updated version of these Terms or the Nxera Policies as a condition of continued use of the Services. Failure to accept an updated version when required is grounds for suspension of the Services until acceptance, and ultimately for termination, but does not excuse subscription fees through the end of the Initial Term.

3. Free Build, Activation, and Engagement Lifecycle

3.1 Free Build

Nxera will produce an initial website at no upfront charge. Build means the AI-driven generation, configuration, and deployment of a website at a [slug].getnxera.com subdomain based on the information you provide. The build is performed without any guarantee of any specific design, content, feature set, or commercial outcome, and is subject to Section 11 (Disclaimer) in full.

3.2 Activation

After the build is delivered, the website remains in preview state at a [slug].getnxera.com subdomain at no charge until you activate the subscription. Activation is your affirmative act of clicking "Activate" in the client portal (or otherwise instructing Nxera in writing to take the site live at your custom domain). No subscription charge is billed before Activation. Until Activation: (a) You may request reasonable revisions at no charge, subject to commercial reasonableness as Nxera determines in its sole discretion; (b) You may decline to activate at any time and no charge will be billed; (c) The site is not deployed at your custom domain and is not integrated with the Subscription Services described in Section 5.

Upon Activation, the subscription begins and the Initial Term and 7-Day Money-Back Guarantee in Section 5 apply.

3.3 Cancellation Mechanics

A cancellation request must be: (a) in writing; (b) explicit and unambiguous (statements such as "I'm thinking about cancelling," "this isn't working out," or "let me get back to you" do not constitute cancellation); (c) made by an authorized representative of the Client; (d) submitted via the client portal cancellation page or by emailing info@getnxera.com from the email address on file with subject line "Cancel Subscription". Verbal communications, social-media posts, third-party intermediaries, lack of payment, lack of login activity, returned email, undeliverable mail, or any other indirect signal do not constitute cancellation. The cancellation timestamp is the timestamp recorded by Nxera's systems on receipt.

Reactivation more than 30 days after cancellation is treated as a new build, billed at the then-current new-build fee, and is not a continuation of the prior subscription.

3.4 No Reliance on Pre-Acceptance Statements

Nxera makes no representation, warranty, or commitment outside these Terms and the Nxera Policies. Statements made during sales, marketing, demos, calls, social media, or any other pre-Acceptance communication, by anyone (including any officer, employee, contractor, or AI agent of Nxera), are illustrative only, do not bind Nxera, and are superseded by these Terms. You acknowledge that you are not relying on any such statement in entering these Terms.

4. Subscription, Billing, and Payment

4.1 Recurring Charges

Upon Activation under Section 3.2, your subscription begins and you will be billed the monthly subscription fee for your selected tier on the day of Activation, recurring on the same calendar day each month thereafter, until terminated in accordance with these Terms. Tiers, allowances, and fees are as displayed in your client portal at the time of Activation.

4.2 Authorization to Charge

You authorize Nxera and its payment processors (currently Stripe, Inc.) to charge your designated payment method, including any replacement or successor payment method on file, for all amounts due, including: subscription fees; postcard overage charges; revision fees; chargeback recovery; collection costs; taxes; and any other authorized charge. This authorization continues until you terminate the subscription in accordance with these Terms and pay all amounts owed in full.

4.3 Payment-Method Maintenance

You are responsible for maintaining a current, valid, and chargeable payment method on file. Failure to do so does not suspend, reduce, or excuse your payment obligations.

4.4 Currency, Taxes, Fees, Withholding

All charges are stated in U.S. Dollars and are exclusive of all sales, use, value-added, withholding, and similar taxes, which Nxera will collect where required by law. You are responsible for paying any such taxes. If withholding is required by law, you will gross up payments so that Nxera receives the full invoiced amount net of withholding. Any bank fees, currency-conversion fees, or wire fees are your responsibility.

4.5 Failed Payments

If a charge fails for any reason, Nxera may: (a) retry the payment up to seven (7) times over twenty-one (21) days; (b) attempt to charge a different payment method on file; (c) suspend the Services and take the hosted website offline at any time after the first failure; and (d) treat continued non-payment for thirty (30) days as a material breach permitting immediate termination and pursuit of collection. Suspension of Services for non-payment does not excuse, reduce, or pause any of your payment obligations, including accrued subscription fees through the end of the Initial Term.

4.6 Disputed Charges

You must notify Nxera in writing of any disputed charge within sixty (60) days of the charge date by emailing info@getnxera.com with subject line "Disputed Charge." After sixty (60) days, the charge is conclusively deemed accurate, accepted, and final, and you waive any right to dispute it.

4.7 No Chargebacks Without Prior Resolution

You agree not to initiate any chargeback, payment-method dispute, ACH reversal, or similar action with your bank, card issuer, or other payment provider without first attempting in good faith to resolve the matter directly with Nxera in accordance with Section 4.6 and waiting at least thirty (30) days after Nxera's written response. Initiating a chargeback in violation of this section is a material breach and entitles Nxera to: (a) immediate termination of the Services without refund; (b) recovery of the disputed amount; (c) a chargeback-handling fee of US$50 per chargeback; (d) recovery of all reasonable collection costs and attorneys' fees; (e) report the matter to credit bureaus and collections agencies; (f) include the chargeback as evidence of breach in any subsequent dispute. You waive any defense to such recovery based on the bank's or card issuer's resolution of the chargeback.

4.8 Price Changes

Nxera may change subscription pricing at any time on at least thirty (30) days' notice. Price changes do not apply during your then-current Initial Term but will apply on the first renewal day following the notice period. If you do not accept a price change, your sole remedy is to cancel the subscription effective at the end of the Initial Term. Continued use of the Services after the price change takes effect constitutes Acceptance.

4.9 Invoices and Receipts

Stripe-generated receipts sent to your email serve as your invoices. You are responsible for retrieving and storing them. Nxera does not separately issue paper or PDF invoices.

4.10 No Set-Off

You may not withhold, set off, or reduce any payment owed to Nxera based on any claim, dispute, counterclaim, or alleged breach by Nxera. All amounts owed must be paid in full when due, and any Client claim against Nxera must be pursued separately under Section 16.

5. Three-Month Minimum Term and 7-Day Money-Back Guarantee

5.1 Initial Term

Upon Activation under Section 3.2, you commit to a three (3) month minimum subscription term (the "Initial Term") that begins on the day of Activation and runs through the calendar day three months later. After the Initial Term, the subscription continues on a month-to-month basis subject to Section 6.1.

5.2 7-Day Money-Back Guarantee

For the seven (7) calendar days following Activation (the "Money-Back Window"), you may cancel the subscription and request a full refund of the first monthly subscription fee. To exercise this right, you must (a) submit a written cancellation request via the client portal cancellation page or by emailing info@getnxera.com from the email address on file with subject line "Cancel Subscription"; (b) before 11:59 PM Eastern Time on the seventh (7th) calendar day after Activation as recorded by Nxera's systems. Nxera will issue a refund of the first monthly subscription fee actually paid within fourteen (14) business days of receipt and will deactivate the hosted website. The Money-Back Window does not apply to (i) postcard overage charges or revision fees that have been incurred and billed; (ii) any subsequent monthly cycle once it has begun; (iii) any subscription that has previously been cancelled and reactivated.

5.3 No Pro-Rated Refunds Outside the Money-Back Window

Outside the Money-Back Window in Section 5.2, subscription fees once charged are non-refundable. Cancellation, suspension, or termination within a billing cycle does not entitle you to a pro-rated refund of any fee already paid for that cycle.

5.4 No Cancellation During the Initial Term Outside the Money-Back Window

Other than under Section 5.2 (within the Money-Back Window) or Section 6.4 (Nxera's uncured material breach), you may not cancel during the Initial Term. The subscription continues, and monthly fees continue to be charged, through the end of the Initial Term. After the Initial Term you may cancel at any time per Section 6.1.

5.5 Effect of Plan Changes on the Initial Term

Upgrading or downgrading your plan tier during the Initial Term does not extend, shorten, restart, or pause the Initial Term. The monthly subscription fee charged after a tier change is the fee for the new tier as displayed in your client portal at the time of the change.

5.6 Acknowledgment

You confirm that you have read this Section 5, that you understand its consequences, and that the three-month commitment is a material part of the consideration Nxera relies on in offering the free build and the 7-day money-back guarantee.

5.7 Paid-Track Refund Carve-Out (Instant Build via $799)

For Clients who paid the $799 instant-build fee instead of applying for a free build (the "Paid-Track"):

(a) The $799 build fee is non-refundable. It covers the custom-built website, custom domain registration, and the first month of management included with the build investment. Once the build slot is reserved, the $799 is earned and not subject to refund regardless of whether you proceed to Activation.

(b) Beginning the thirty-first (31st) day after Activation, your subscription bills $199 per month under the same terms as a free-track Client. The 7-day Money-Back Window in Section 5.2 applies to the first $199 monthly subscription fee only and does not apply to the $799 build fee.

(c) After the 7-day Money-Back Window referenced in (b), monthly subscription fees through the end of the Initial Term are non-refundable per Section 5.3 and Section 5.4.

(d) The first month of management included with the $799 build is provided as a complimentary benefit and has no separate cash value. It is not severable from the $799 build fee and may not be redeemed for cash, transferred, or extended.

6. Termination

6.1 Cancellation by Client After the Initial Term

After the Initial Term, you may cancel at any time through the client portal cancellation page or by emailing info@getnxera.com with subject line "Cancel Subscription," subject to Section 3.3 cancellation mechanics. Cancellation takes effect at the end of the then-current billing cycle, with no further charges.

6.2 Cancellation by Client During the Initial Term

During the Initial Term, cancellation is permitted only (a) within the 7-day Money-Back Window under Section 5.2, or (b) for Nxera's uncured material breach under Section 6.4. Outside those two paths, the subscription continues and monthly fees continue to be charged through the end of the Initial Term, even if access is unused. Nxera does not offer any other path out of the Initial Term, including but not limited to "pausing" the subscription, transferring it to another business, or downgrading to a free tier (no free tier exists).

6.3 Termination by Nxera for Cause

Nxera may suspend or terminate the Services immediately, without refund, in any of the following circumstances: (a) Client's material breach of these Terms or any of the Nxera Policies; (b) Failure to pay any amount due for more than thirty (30) days; (c) Chargeback or payment dispute in violation of Section 4.7; (d) False, misleading, or fraudulent information provided to Nxera at any time; (e) Use of the Services for unlawful, harmful, or restricted purposes as defined in the Acceptable Use Policy; (f) Nxera's reasonable determination that continued service exposes Nxera or any third party to legal, financial, regulatory, or reputational risk; (g) Bankruptcy, insolvency, receivership, or assignment for the benefit of creditors; (h) Required by law, court order, or regulatory authority; (i) Material change in the laws governing the Services that, in Nxera's reasonable determination, makes the Services no longer commercially viable for the Client; (j) Repeated abuse of Nxera's support, AI agents, or staff (including verbal abuse, harassment, threats, or persistent bad-faith behavior); (k) Operating in violation of any prohibition in Section 2.1.

Upon termination for cause during the Initial Term, all monthly subscription fees through the end of the Initial Term remain due in full and are immediately payable.

6.4 Termination by Client for Nxera's Material Breach

You may terminate the subscription during the Initial Term without further fees if, and only if: (a) Nxera materially breaches these Terms; (b) you provide written notice to info@getnxera.com (subject line "Notice of Material Breach") that describes the alleged breach with reasonable specificity, identifies the specific provision allegedly breached, and demands cure; (c) Nxera fails to substantially cure the breach within thirty (30) days of receipt of the notice; and (d) you terminate within thirty (30) days of the cure period's expiration. Failure to follow this exact procedure waives the right to terminate during the Initial Term other than under Section 5.2. Subjective dissatisfaction with output quality, design preferences, business outcomes, AI score values, response speed, or any other matter of judgment does not constitute a material breach. A failure characterized as "material" must directly result in the Services being unusable for their intended purpose for a sustained period, not merely fall short of expectations.

6.5 Termination by Nxera for Convenience

Nxera may terminate the subscription for convenience on sixty (60) days' written notice. In that case: (a) you receive a pro-rata refund of any prepaid fees attributable to the period after the termination date; (b) Nxera will provide a one-time export of Customer Content within thirty (30) days of your written export request; (c) no further fees are due.

6.6 Effects of Termination

Upon termination for any reason: (a) Your right to access and use the Nxera Offerings ends on the effective date of termination; (b) Your hosted website, all subdomains under getnxera.com, and any custom domain wiring will be deactivated; (c) Customer Content will be retained for thirty (30) days post-termination, after which it will be permanently deleted unless you have requested an export; (d) All accrued payment obligations survive termination and remain due in full; (e) The Services will not be reinstated after termination except at Nxera's sole discretion and on terms Nxera then offers to new customers; (f) Sections that by their nature should survive will survive (see Section 20.10).

6.7 No Reactivation Right

You have no right to reactivate a terminated subscription. Reactivation is at Nxera's sole discretion and may be conditioned on payment of all sums owed, execution of an updated Order, and acceptance of then-current pricing.

7. Customer Content

7.1 Definition

"Customer Content" means all materials, information, text, photographs, logos, brand assets, business descriptions, reviews, testimonials, recipient lists, mailing addresses, audio, video, social-media handles, and any other content that you, your representatives, or anyone acting on your behalf provides to Nxera, uploads to the Services, or authorizes Nxera to incorporate into any Deliverable.

7.2 Ownership

You retain all ownership rights in Customer Content as between you and Nxera, subject to the license you grant to Nxera below.

7.3 License to Nxera

You grant Nxera a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, copy, store, transmit, display, perform, modify, create derivative works from, distribute, and otherwise use Customer Content for any purpose related to: (a) providing the Services; (b) maintaining backups and disaster recovery; (c) generating reports and analytics; (d) producing postcards and other communications you direct; (e) defending Nxera's legal rights; (f) complying with law; (g) improving the Services in aggregated, anonymized, or de-identified form; (h) training Nxera's internal models, agents, and prompts on aggregated, anonymized, or de-identified Customer Content. This license survives termination to the extent necessary to fulfill the purposes above.

7.4 Client Representations

You represent and warrant that: (a) You own or have all necessary rights, licenses, consents, and permissions in Customer Content to grant the license in Section 7.3; (b) Customer Content does not infringe any third party's intellectual-property, privacy, publicity, or moral rights; (c) Customer Content is accurate, not misleading, and complies with all applicable laws including FTC endorsement guidelines; (d) Customer Content does not violate the Acceptable Use Policy; (e) Photographs of identifiable individuals have valid model releases or other lawful basis for use; (f) Reviews and testimonials reflect genuine customer experiences and contain no material misrepresentation; (g) Postcard recipient addresses and mailing lists are obtained on a lawful basis and do not violate the CAN-SPAM Act, TCPA, the Direct Marketing Association Do Not Mail registry, or any equivalent law or registry; (h) Customer Content does not contain any sensitive personal data (including health, financial-account, government-identifier, biometric, or children's data) except as expressly authorized in writing by Nxera.

7.5 Client-Sourced Inaccuracies

You acknowledge that Nxera may rely on Customer Content without independent verification. Nxera is not responsible for inaccuracies, errors, omissions, exaggerations, or misrepresentations in any Deliverable that are sourced from Customer Content, including AI-generated copy that elaborates on Client-provided business descriptions. You are solely responsible for reviewing all Deliverables before they are made publicly available and for promptly notifying Nxera of any required corrections.

7.6 Client Indemnification of Customer Content

You will defend, indemnify, and hold harmless Nxera from any third-party claim arising from Customer Content, in accordance with Section 13.

8. Nxera Intellectual Property

8.1 Definition

"Nxera IP" means all intellectual-property rights and proprietary materials owned by or licensed to Nxera, including: the Site; the Nxera Offerings as a whole; all software, source code, object code, algorithms, AI prompts and prompt libraries, AI models and fine-tuned weights (where Nxera owns them), AI generation pipelines, methodologies, scoring systems, and metrics; all website templates, design systems, component libraries, fonts (where Nxera-licensed), color systems, and visual assets; the AI visibility scoring methodology; the "Nxera," "NxEra," "getnxera," and related brand names, logos, taglines, and trade dress; all documentation, marketing materials, training data, and aggregated analytics; and all derivative works, modifications, improvements, and translations of any of the foregoing.

8.2 Reservation of Rights

Nxera and its licensors retain all right, title, and interest in Nxera IP. Nothing in these Terms transfers ownership of Nxera IP to you. All rights not expressly granted to you are reserved.

8.3 Limited License to the Delivered Website

Subject to your continued compliance with these Terms and your continued payment of subscription fees in full when due, Nxera grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the website Nxera builds and hosts for you (the "Site Output") solely for the operation of your business at the [slug].getnxera.com subdomain (or, if applicable, a custom domain you point to Nxera's infrastructure) during the subscription term. The license terminates automatically and without notice on termination, suspension, or non-payment. You acknowledge that Site Output is licensed, not sold, and that Nxera may at any time modify, replace, or restructure the underlying templates, components, and code that produce Site Output.

8.4 No Standalone Code Deliverable

Nxera does not deliver standalone source code or design files for the Site Output. The Services are a hosted offering, not a custom-development engagement. Nxera will not provide a "code export," ZIP archive, repository, design files, or any other artifact that would enable you to host or reproduce the Site Output outside Nxera's infrastructure, regardless of how long you have been a customer or how much you have paid.

8.5 Restrictions on Use

You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas of any portion of the Nxera IP; (b) scrape, crawl, harvest, or extract any data from the Nxera Offerings other than Customer Content you originally provided; (c) train, fine-tune, evaluate, benchmark, or test any AI model, language model, machine-learning system, or competing tool using outputs from the Nxera Offerings; (d) build a competing product or service using insights, design patterns, or methodologies derived from the Nxera Offerings; (e) copy, mirror, frame, embed, white-label, resell, sublicense, or rent the Nxera Offerings; (f) remove, alter, or obscure any proprietary notice; (g) use the Nxera Offerings to provide services to any third party other than as incidental to operating Client's own business; (h) circumvent any technical or contractual access restriction; (i) introduce any malicious code, vulnerability scanner, or load-testing tool against the Nxera Offerings without prior written consent; (j) use the Nxera Offerings in any way that violates the Acceptable Use Policy.

8.6 Feedback

If you provide feedback, suggestions, ideas, requests, or recommendations to Nxera, you grant Nxera a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, modify, exploit, and incorporate the feedback into any Nxera product or service, without compensation, attribution, or any obligation to you.

8.7 Trademark Use

"Nxera" and the Nxera logos are trademarks of Nxera Digital LLC. You may use them only as expressly permitted in writing. Nothing in these Terms grants you any trademark license.

8.8 Portfolio and Marketing

Nxera may identify you as a customer and use your business name, logo, and a screenshot of your delivered Site Output in Nxera's marketing materials, case studies, sales decks, investor materials, and portfolio. You may opt out of public-facing marketing by emailing info@getnxera.com with subject line "Marketing Opt-Out." Opting out of public marketing does not affect Nxera's right to: (a) reference you in confidential investor or M&A communications; (b) disclose customer relationships under legal compulsion; (c) use aggregated, anonymized data about your usage in analytics, benchmarks, or research.

8.9 No AI Training on Nxera IP

You shall not use any output of the Nxera Offerings (including Site Output, monthly reports, AI visibility scores, prompts you observe, or any other Deliverable) as input, training data, fine-tuning data, evaluation data, or context for any AI model or system, except as strictly necessary for your own internal business operations. This restriction expressly survives termination.

9. Service Availability, Maintenance, and Third Parties

9.1 No SLA

Nxera does not provide any service-level agreement or any commitment regarding uptime, availability, response time, throughput, or performance. Nxera will use commercially reasonable efforts to maintain reliable Services but does not guarantee uninterrupted, error-free, or continuously available operation. Outages, slowdowns, downtime, and transient errors are an expected part of any internet-based service and are not breaches of these Terms.

9.2 Scheduled and Emergency Maintenance

Nxera may perform scheduled maintenance, with or without notice, that temporarily suspends the Services. Nxera may perform emergency maintenance without notice to address security vulnerabilities, outages, or other urgent matters.

9.3 Third-Party Dependencies

The Nxera Offerings depend on third-party providers, including but not limited to Stripe, Vercel, Supabase, Anthropic, Resend, Lob, Cloudflare, Google, and the underlying public-internet infrastructure. Nxera is not responsible for any failure, downtime, latency, data loss, content moderation, policy change, model deprecation, price increase, or other action by any third-party provider, even if it materially affects the Services. If a third-party provider terminates or materially changes its offering, Nxera will use commercially reasonable efforts to migrate to a substitute, but is not liable for any interim disruption.

9.4 AI Model Variability

You acknowledge that AI models change continuously, that AI outputs are non-deterministic and may vary between identical requests, that AI models may make factual errors ("hallucinations"), and that AI-generated content may need human review. Nxera does not warrant the accuracy, completeness, or non-infringement of any AI-generated output.

9.5 Force Majeure

Section 15 applies in full to availability and performance issues caused by events beyond Nxera's reasonable control.

9.6 Automated Monitoring

As part of the Services, Nxera conducts automated monitoring of your AI visibility on an ongoing basis. This includes: (a) periodic queries to third-party AI platforms (including OpenAI, Anthropic, and Google) to assess whether those platforms recommend your business; (b) weekly metro-wide sweeps of AI recommendations across your city and industry; (c) monthly collection of website technical data via Google PageSpeed Insights and other public APIs; and (d) entity lookups via the Google Knowledge Graph and Wikidata APIs. You acknowledge and consent to this automated monitoring as a core component of the Services. The results of this monitoring are used to generate your monthly AI Visibility Reports and to inform optimization decisions. Nxera does not guarantee any specific outcome from this monitoring and does not control how third-party AI platforms generate their recommendations.

9.7 Competitive Analysis

The Services include competitive analysis features. Nxera collects and analyzes data about other businesses in your market that are recommended by AI platforms. This data is collected from publicly available AI platform responses and does not involve accessing any competitor's private systems or data. Competitive data is used in your reports to provide market context and benchmarking. Nxera may use aggregated and de-identified competitive data across all clients to improve its products and services. You acknowledge that competitive landscape data reflects AI platform behavior at the time of collection and may change as AI platforms update their models and data sources.

10. Modifications to the Services and Terms

10.1 Changes to the Services

Nxera may add, modify, suspend, deprecate, or remove features, tiers, allowances, integrations, or other aspects of the Services at any time. Material removals of features used by your subscription will be communicated with at least thirty (30) days' notice.

10.2 Changes to These Terms

Nxera may update these Terms from time to time. Material changes will be posted on the Site and communicated by email at least thirty (30) days before they take effect. Your continued use of the Nxera Offerings after the effective date constitutes Acceptance. If you do not accept the updated Terms, your sole remedy is to cancel under Section 6, which during the Initial Term still requires payment of all monthly fees through the end of the Initial Term.

10.3 No Oral or Side Modifications

No modification, amendment, waiver, or release of any provision of these Terms is binding on Nxera unless it is (a) in writing, (b) signed by an authorized officer of Nxera, and (c) explicitly identifies the provision being modified. Statements by sales personnel, AI agents, support staff, partners, contractors, or any other person purporting to modify these Terms are non-binding. Course of dealing, course of performance, or trade usage does not modify these Terms.

11. Disclaimers and No Guarantee of Outcomes

11.1 As-Is, As-Available

THE NXERA OFFERINGS, THE SITE, ALL DELIVERABLES, ALL AI-GENERATED CONTENT, AND ALL INFORMATION PROVIDED BY NXERA ARE FURNISHED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NXERA EXPRESSLY DISCLAIMS, AND CLIENT EXPRESSLY WAIVES, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11.2 No Outcome Guarantee

NXERA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY SPECIFIC OUTCOME, INCLUDING WITHOUT LIMITATION: search-engine ranking; AI-platform mention frequency or rank; visibility-score improvement; lead generation; revenue increase; conversion rate; bookings; phone calls; foot traffic; email engagement; postcard response; customer acquisition; profitability; brand perception; or any other commercial, marketing, or business metric. AI visibility scores produced by Nxera are estimates derived from the behavior of third-party AI systems at the time of measurement and may change without notice. Past performance does not predict future performance.

11.3 No Professional Advice

Nxera is not a law firm, accounting firm, financial advisor, marketing agency in the regulated sense, or licensed professional in any field. The Services do not constitute legal, accounting, tax, financial, marketing, regulatory, medical, or any other professional advice. Any guidance, recommendations, AI-generated content, or commentary provided by Nxera (including in monthly reports, AI agents, or support communications) is general information only. You are solely responsible for: (a) consulting qualified professionals where appropriate; (b) all business, regulatory, licensing, and tax decisions; (c) the legality and appropriateness of any communication you direct Nxera to send.

11.4 No Endorsement of Third-Party Content

Site Output and other Deliverables may reference, link to, or display content from third parties. Nxera does not endorse, verify, or guarantee any third-party content.

11.5 Beta and Experimental Features

Features designated as "beta," "preview," "experimental," "alpha," "trial," or similar are provided AS-IS with no warranties whatsoever and may be modified or discontinued at any time without notice or liability.

11.6 Statutory Floor

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, NXERA'S WARRANTIES ARE LIMITED TO THE MINIMUM PERMITTED BY LAW.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NXERA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, LICENSORS, SUB-PROCESSORS, AND PAYMENT PROCESSORS WILL NOT BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, OR LOST DATA; (C) BUSINESS INTERRUPTION, LOSS OF USE, OR COSTS OF SUBSTITUTE SERVICES; (D) DAMAGES ARISING FROM ANY THIRD-PARTY ACT OR FAILURE; OR (E) DAMAGES THAT WERE NOT REASONABLY FORESEEABLE — IN EACH CASE EVEN IF NXERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS HELD TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.2 Liability Cap

NXERA'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE NXERA OFFERINGS OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, INDEMNITY, BREACH OF WARRANTY, OR ANY OTHER THEORY), IS LIMITED IN THE AGGREGATE TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO NXERA UNDER THE SUBSCRIPTION GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). MULTIPLE CLAIMS DO NOT ENLARGE THE CAP.

12.3 Basis of the Bargain

You acknowledge that the limitations in this Section 12 are an essential basis of the bargain, that pricing of the Services would be substantially higher absent these limitations, and that you have had a meaningful opportunity to consider these limitations.

12.4 Carve-Outs

The exclusions and cap in this Section 12 do not apply to: (a) Client's payment obligations, including amounts owed through the end of the Initial Term; (b) Client's indemnification obligations under Section 13; (c) Client's breach of Section 8 (Nxera IP) or the Acceptable Use Policy; (d) liability that cannot be excluded under applicable law (in which case liability is limited to the minimum permitted).

12.5 Aggregation

The cap in Section 12.2 applies to all claims by Client and its Affiliates, employees, agents, and successors in the aggregate, not separately per claim, per claimant, or per category of damage.

13. Indemnification

13.1 Indemnification by Client

You will defend, indemnify, and hold harmless Nxera, its Affiliates, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, suits, actions, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert fees, and court costs) (collectively, "Losses") arising out of or related to: (a) Customer Content; (b) Your business operations, products, or services; (c) Your use of the Nxera Offerings in violation of these Terms or any law; (d) Your breach of any representation, warranty, covenant, or obligation in these Terms; (e) Your violation of any third party's rights, including intellectual-property, privacy, publicity, or contract rights; (f) Any postcard, email, or other communication sent at your direction; (g) Any tax, regulatory, licensing, or professional-credential matter related to your business; (h) Any review, testimonial, claim, statistic, or representation in Customer Content that is false, misleading, deceptive, or unsubstantiated; (i) Any claim by a person whose data you provided to Nxera (including postcard recipients, customers, employees); (j) Your violation of the Acceptable Use Policy; (k) Any third party's reliance on Customer Content or the Site Output incorporating Customer Content.

13.2 Procedures

Nxera will give you prompt written notice of any claim subject to indemnification (provided that failure to give prompt notice does not relieve you of your obligation except to the extent prejudiced). Nxera may, at its option and at your expense, take control of the defense and settlement of any indemnified claim. You will not settle any claim that imposes any obligation on Nxera, admits any liability of Nxera, or restricts Nxera's future conduct, without Nxera's prior written consent. You will reasonably cooperate with Nxera's defense.

13.3 No Indemnification by Nxera

Except where required by law that cannot be waived, Nxera does not provide any indemnification to Client. The Services are provided AS-IS without indemnification. This allocation of risk is a material part of the consideration.

14. Confidentiality

14.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other, in any form, that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances. Nxera's Confidential Information includes, without limitation: the Nxera IP; pricing not publicly displayed; AI prompts and prompt strategies; methodologies; product roadmaps; business plans; financial data; customer lists; the existence and content of these Terms (other than as required to defend against a claim); and any communications with Nxera staff or AI agents that are not intended for public distribution.

14.2 Obligations

The receiving party will: (a) protect Confidential Information using at least the same care it uses for its own Confidential Information of similar importance, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party except to its representatives who have a need to know and who are bound by confidentiality obligations at least as strict as these; (c) not use Confidential Information except for purposes related to these Terms.

14.3 Exceptions

Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known before disclosure; (c) was rightfully received from a third party without confidentiality obligations; or (d) was independently developed without use of the disclosing party's Confidential Information.

14.4 Compelled Disclosure

A receiving party may disclose Confidential Information if compelled by valid legal process, provided it gives the disclosing party prompt notice (where legally permissible) and reasonable cooperation in seeking a protective order.

14.5 Survival

Confidentiality obligations survive termination indefinitely for trade secrets and for five (5) years for other Confidential Information.

15. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations, which are not excused) caused by circumstances beyond its reasonable control, including without limitation: acts of God, war, terrorism, civil unrest, pandemic, government action or failure, court order, sanctions, embargo, internet or power outages, telecommunications failures, third-party service failures, AI-platform outages, AI-platform model deprecations or material model changes, AI API price shocks, denial-of-service attacks, cybersecurity incidents, labor disputes, supply-chain disruptions, fire, flood, earthquake, hurricane, or other natural disasters. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance promptly. If a force-majeure event continues for more than ninety (90) consecutive days, either party may terminate the affected portion of the Services on written notice; if Client terminates under this Section 15 during the Initial Term, monthly fees do not apply to the months affected by the force-majeure event but do apply to all other months in the Initial Term.

16. Dispute Resolution, Arbitration, and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION OF DISPUTES, WAIVES YOUR RIGHT TO A JURY TRIAL, AND PROHIBITS CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDINGS. IT ALSO REQUIRES YOU TO BRING ANY CLAIM WITHIN ONE YEAR.

16.1 Informal Resolution Required First

Before initiating arbitration or any legal proceeding, the disputing party must send a written "Notice of Dispute" to the other party that (a) describes the dispute with reasonable specificity, (b) identifies the relief sought, and (c) provides a phone number for good-faith discussion. Notice to Nxera must be sent to info@getnxera.com with subject line "Notice of Dispute." The parties will attempt to resolve the dispute informally and in good faith for at least sixty (60) days. Only after the sixty (60) day period may either party initiate arbitration.

16.2 Binding Arbitration

Any dispute, claim, controversy, or matter arising out of or relating to these Terms, the Nxera Policies, the Nxera Offerings, or the relationship between the parties (a "Dispute") that is not resolved informally will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures (and the Consumer Arbitration Rules where applicable), and not in court. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

16.3 Arbitration Procedures

16.4 Jury-Trial Waiver

EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE NXERA POLICIES, OR THE NXERA OFFERINGS. This waiver applies to any Dispute that, despite Section 16.2, is litigated in court (for example, in small-claims court under Section 16.6, or if the arbitration provision is held unenforceable in part).

16.5 Class-Action Waiver

YOU AND NXERA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. NO ARBITRATOR OR COURT HAS THE POWER TO HEAR CLAIMS ON A CLASS OR REPRESENTATIVE BASIS. If this class-action waiver is held unenforceable as to a particular claim or remedy, only that claim or remedy will proceed in court; the rest of the arbitration agreement remains in effect.

16.6 Exceptions

Either party may bring an individual action in small-claims court for Disputes within that court's jurisdictional limit. Nxera may seek injunctive or other equitable relief in any court of competent jurisdiction (a) to protect its intellectual property; (b) to prevent unauthorized use of the Nxera Offerings; (c) to enforce Section 8; (d) to enforce the Acceptable Use Policy; or (e) for collection of undisputed amounts owed.

16.7 Right to Opt Out of Arbitration

You have thirty (30) days from your first Acceptance to opt out of the arbitration agreement (Section 16.2 and 16.5) by sending written notice to info@getnxera.com with subject line "Arbitration Opt-Out" containing your full name, business name, account email, and an unambiguous statement of intent to opt out. A timely opt-out is effective as to that account only. Opting out does not affect any other provision of these Terms, including the jury-trial waiver, the venue selection, or the limitations period.

16.8 One-Year Limitations Period

Any Dispute must be commenced within one (1) year after the cause of action accrues, regardless of any longer statutory limitations period that would otherwise apply. Disputes commenced after one year are permanently barred.

16.9 Confidentiality of Arbitration

The existence, content, and result of any arbitration are confidential, except as necessary to enforce or defend the award.

17. Governing Law, Venue, and International

17.1 Governing Law

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Venue

For any action that is not subject to arbitration under Section 16, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida. Each party irrevocably waives any objection to such jurisdiction or venue (including any objection based on inconvenient forum).

17.3 International Use

Nxera currently provides the Services only to Clients located in the United States. If you access or use the Nxera Offerings from outside the United States, you do so on your own initiative and at your own risk and you are responsible for compliance with local law. You represent that you will not direct the Services or any Deliverable into any jurisdiction subject to U.S. sanctions or to any restricted party. Nxera reserves the right to expand availability to other jurisdictions and to publish jurisdiction-specific terms at that time. International expansion does not modify this Section 17.

18. Notices and Communications

18.1 Consent to Electronic Communications

You consent to receive all communications from Nxera electronically, including by email, in-product messages, and notices posted on the Site. You agree that all notices, disclosures, and communications Nxera provides electronically satisfy any legal requirement that they be in writing.

18.2 Notices to You

Nxera may send notices to the email address associated with your account. Notices are deemed received on the calendar day Nxera sends them, regardless of when you actually open the email. You are responsible for keeping your email address current; failure to receive a notice because your email address is out of date or your inbox is full does not invalidate the notice.

18.3 Notices to Nxera

Notices to Nxera must be sent to info@getnxera.com (with the subject line specified in the relevant section, if any) and are deemed received on the next business day after Nxera's email server receives them.

18.4 Marketing Communications

By creating an account you consent to receive transactional and marketing communications from Nxera. You may unsubscribe from marketing communications at any time using the unsubscribe link in those messages. You may not unsubscribe from transactional communications (billing, security, account, legal notices) while you remain a Client.

19. Compliance, Sanctions, and Anti-Bribery

19.1 Compliance with Law

You will comply with all applicable laws and regulations in your use of the Nxera Offerings and operation of your business, including without limitation: TCPA, CAN-SPAM Act, FTC Act and FTC endorsement guidelines, advertising laws, professional licensing requirements, consumer-protection laws, tax laws, the Health Insurance Portability and Accountability Act if applicable, the Children's Online Privacy Protection Act if applicable, the Gramm-Leach-Bliley Act if applicable, and all anti-discrimination, anti-fraud, and antitrust laws.

19.2 Sanctions and Export Controls

You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. economic sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine); (b) you are not on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce's Denied Persons List, or any other restricted-parties list; (c) you will not use the Nxera Offerings in violation of any U.S. or other applicable export-control or sanctions law.

19.3 Anti-Bribery

You will comply with the Foreign Corrupt Practices Act, the UK Bribery Act, and all other applicable anti-bribery and anti-corruption laws. You will not, directly or indirectly, offer or accept any improper payment in connection with the Nxera Offerings.

19.4 No Professional Advice

Section 11.3 applies in full.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Nxera Policies and any Order, constitute the entire agreement between you and Nxera regarding the Nxera Offerings and supersede all prior or contemporaneous agreements, communications, proposals, and representations, whether oral or written. No prior or contemporaneous oral statements or written communications form part of the agreement, and you acknowledge that you have not relied on any such statement or communication.

20.2 Order of Precedence

Section 1.4 applies.

20.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law, change of control, sale of substantially all assets, merger, or otherwise, without Nxera's prior written consent. Any attempted assignment without consent is void from inception. Nxera may freely assign these Terms, including in connection with any merger, acquisition, reorganization, financing, or sale of assets, without notice or consent. These Terms bind and benefit the parties and their permitted successors and assigns.

20.4 Severability and Reformation

If any provision of these Terms is held invalid, illegal, or unenforceable in whole or in part, the remaining provisions remain in full force and effect, and the invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' intent. If reformation is not possible, the offending provision will be severed and the remainder will continue.

20.5 No Waiver

A failure or delay by Nxera in enforcing any provision is not a waiver of its right to enforce that provision later or any other provision. Any waiver must be in writing, signed by an authorized officer of Nxera, and explicitly identify the provision waived and the scope of the waiver. A waiver in one instance does not constitute a waiver in any other.

20.6 No Agency, Partnership, or Joint Venture

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship between you and Nxera. Neither party has authority to bind the other.

20.7 No Third-Party Beneficiaries

Except for the Nxera indemnitees identified in Section 13.1, there are no third-party beneficiaries of these Terms.

20.8 Equitable Relief in Favor of Nxera

You acknowledge that any breach by you of Section 8 (Nxera IP), Section 14 (Confidentiality), or the Acceptable Use Policy may cause irreparable harm to Nxera for which monetary damages would be inadequate. Nxera is entitled to seek temporary, preliminary, and permanent injunctive relief and other equitable remedies in any court of competent jurisdiction without posting a bond.

20.9 Counterparts and Electronic Signatures

These Terms may be accepted by clicking, electronic signature, or any other manifestation of assent. Electronic acceptance has the same force and effect as a handwritten signature.

20.10 Survival

Sections that by their nature should survive will survive any termination or expiration, including without limitation Sections 1, 4 (with respect to amounts owed), 5, 7 (with respect to existing license grants), 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, and this Section 20.

20.11 Headings; Examples

Section headings are for convenience only and do not affect interpretation. Examples and illustrations are non-limiting.

20.12 Independent Acceptance of Each Provision

You acknowledge that each provision of these Terms is bargained-for consideration and independently enforceable. You will not argue that any provision is severable from the others to escape the others. If you nevertheless argue that a provision is unenforceable, the rest of these Terms remains binding.

20.13 Reliance

Nxera enters into these Terms in reliance on your representations, warranties, and covenants. Any breach is grounds for termination and damages.

21. Contact

Nxera Digital LLC 1201 E Ponce De Leon Blvd Coral Gables, FL 33134 info@getnxera.com

These Terms were last updated on April 27, 2026. Version 4.1.