Terms & Conditions

Last Updated: January 2025

This Terms & Conditions agreement ("Agreement") is a binding legal contract between Nexnalu (a Maryland limited liability company) ("Nexnalu") and you, whether as an individual or a legal entity ("Client"). This Agreement governs your access to and use of https://www.nexnalu.com/ (the "Website"), as well as any associated media channels or platforms. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, you are expressly prohibited from using the Website and must discontinue use immediately. Any outstanding financial obligations owed by you to Nexnalu for services rendered shall remain in effect.

1. Intellectual Property

Unless otherwise indicated, the Website and its entire contents ("Content")—including without limitation the source code, databases, software, design, text, images, trademarks, and other materials—are owned or controlled by Nexnalu and are protected by United States and international copyright, trademark, and other intellectual property laws. The Content is provided solely for your information and personal use, and no part of the Content may be used, reproduced, modified, or distributed without Nexnalu’s express written permission.

2. Ownership of Deliverables

While Nexnalu retains rights to certain submissions as outlined in Section 6: Client Feedback, all design assets and original source files created specifically for you (the “Projects”) are your exclusive property. In the event any applicable law or regulation inadvertently grants Nexnalu ownership rights in a Project, Nexnalu hereby assigns all such rights to you. By providing any materials, you represent and warrant that you own all rights to such materials and that their use will not infringe upon any third-party rights. Unless otherwise specified in Section 18: Showcasing Design Work, Nexnalu reserves the right to display completed design work for demonstration or promotional purposes.

3. Third-Party Fonts

If a Project requires the use of any commercially licensed fonts not owned by Nexnalu, you will be notified and will be solely responsible for acquiring the necessary licenses.

4. User Representations

By using this Website, you represent and warrant that:

You have the legal capacity to enter into this Agreement under the laws of Maryland and all relevant jurisdictions.
You are not a minor in the jurisdiction in which you reside.
You will not access the Website through automated or non-human means, including bots or scripts.
You will not use the Website for any illegal or unauthorized purpose.
Your use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

You agree not to use the Website in any manner that:

Violates any applicable law, regulation, or rule;
Infringes upon or misappropriates the intellectual property rights of others;
Interferes with the security, operation, or performance of the Website;
Attempts to gain unauthorized access to any portion of the Website or any networks connected to the Website;
Collects or harvests any personally identifiable information of other users without their consent;
Uses the Website for any commercial or competitive purposes without Nexnalu’s prior written approval.

6. Client Feedback

Any feedback, suggestions, or ideas that you provide to Nexnalu (collectively, “Feedback”) shall become the exclusive property of Nexnalu. You acknowledge that Nexnalu may use, implement, and distribute the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Website Management

Nexnalu reserves the right (but not the obligation) to:

Monitor the Website for violations of this Agreement;
Take appropriate legal action against anyone who, in Nexnalu’s sole discretion, violates this Agreement;
Restrict or deny access to or use of the Website to any person at Nexnalu’s sole discretion, and without notice or liability;
Otherwise manage the Website in a manner designed to protect Nexnalu’s rights and property and to facilitate the proper functioning of the Website.

8. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated by reference. By using the Website, you agree to be bound by our Privacy Policy.

9. Returns and Refunds

All refunds for services, including but not limited to web design and Local Service Ads (LSA) Google ad services, are granted solely at Nexnalu’s discretion. Unless otherwise agreed in writing, any approved refund is subject to a 25% fee for any remaining billable period.

10. Modifications

Nexnalu reserves the right to modify, suspend, or discontinue any part of the Website or the services it provides without notice, and Nexnalu shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

11. Service Interruptions

Nexnalu cannot guarantee the Website will be available at all times. You agree that Nexnalu shall not be liable for any loss or damage caused by any interruption or cessation of access to the Website.

12. Governing Law

This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles.

13. Jurisdiction

Any legal action arising under or in connection with this Agreement will be filed exclusively in the courts located in Washington County, Maryland, or the U.S. District Court for the District of Maryland. You and Nexnalu consent to the exclusive jurisdiction of such courts.

14. Disclaimer

THE WEBSITE AND ANY SERVICES PROVIDED (INCLUDING BUT NOT LIMITED TO WEB DESIGN AND LOCAL SERVICE ADS MANAGEMENT) ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXNALU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEXNALU IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO WEB DESIGN OR LOCAL SERVICE ADS PERFORMANCE.

15. Limitation of Liability and Indemnification

Limitation of Liability: To the maximum extent permitted by law, in no event shall Nexnalu, its affiliates, or their respective officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever, including any loss of profits or data. Nexnalu’s total liability for direct damages shall be limited to the amount actually paid by you to Nexnalu for the applicable services in the preceding six-month period.
Indemnification: You agree to defend, indemnify, and hold Nexnalu harmless from and against any and all claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising out of or in connection with (i) your use of the Website or services; (ii) any feedback you provide; (iii) your breach of this Agreement; or (iv) any violation of applicable laws or third-party rights.

16. User Data

You are solely responsible for all data you upload, transmit, or otherwise utilize in connection with the Website. Nexnalu disclaims any liability related to the security or storage of such data.

17. Electronic Transactions

By using the Website and providing your information electronically, you consent to receive electronic communications from Nexnalu and understand that your electronic approvals and signatures are legally binding.

18. Showcasing Design Work

Unless otherwise agreed in writing, you grant Nexnalu permission to display completed Projects (e.g., website designs, ad campaigns, graphic design materials, etc.) in Nexnalu’s portfolio or through other promotional channels. If you wish to withhold permission to display a particular Project, please notify Nexnalu in writing.

19. Miscellaneous

Entire Agreement: This Agreement, together with any policies or operating rules posted by Nexnalu on the Website, constitute the entire agreement between you and Nexnalu.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: No waiver by Nexnalu of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition.
Assignment: Nexnalu may assign its rights and obligations under this Agreement. You may not assign or delegate any rights or obligations under this Agreement without Nexnalu’s prior written consent.
Survival: Any provision of this Agreement that is intended to survive termination of this Agreement shall so survive.

20. Contact Information

If you have any questions about this Agreement, or if you wish to provide any notice under this Agreement, please contact Nexnalu at:

Website: https://www.nexnalu.com/

By using the Website or purchasing Nexnalu’s services, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions.