Terms of Service

NeXaric provides:

• Custom software development and engineering services
• Managed platform services and ongoing operations
• Software-as-a-Service (SaaS) products, including AI agent platforms
• Technical consulting and advisory services
• Cloud infrastructure design, deployment, and maintenance

Specific deliverables, timelines, and fees are set out in project agreements, master service agreements (MSAs), statements of work (SOWs), or subscription plans. These take precedence over these Terms in case of conflict.

To use our services, you must:

• Be at least 18 years old
• Have legal authority to enter binding contracts
• Provide accurate registration information
• Maintain the security of your account

You are responsible for activity under your account. Notify us immediately of any unauthorized access.

Our property

All content, designs, code, frameworks, methodologies, and pre-existing tools created by NeXaric remain our exclusive property, including the website, trademarks, logos, and branding.

Client deliverables

For custom development, IP rights transfer to the client upon full payment, as specified in the project agreement. We retain rights to:

• Pre-existing IP, frameworks, and tools
• General knowledge and methodologies developed during the engagement
• Open-source components used in deliverables

Third-party components

Third-party libraries and services are subject to their own licenses. You agree to comply with applicable terms.

Payment terms vary by engagement:

• Custom services: invoiced on milestone completion or recurring
• Managed services: monthly or annual, billed in advance
• SaaS products: subscription, monthly or annual
• Consulting: hourly, daily, or project-based

Invoices are due within [X] days. Late payments may incur interest at [X]% per month. We may suspend services for overdue accounts.

Fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, or similar taxes.

Our refund policy:

• Custom services are non-refundable once work begins
• Managed services and SaaS subscriptions may be cancelled; prepaid fees for the current period are non-refundable
• Pre-purchased packages and credits are non-refundable once used
• Exceptional circumstances may qualify for pro-rata refunds at our discretion

See our Refund Policy for full details.

Both parties agree to protect confidential information disclosed during the engagement, including business plans, technical specifications, financial information, and proprietary methodologies. Obligations survive termination for [X] years.

Our handling of personal information is governed by our Privacy Policy. For personal data processing, we may enter Data Processing Agreements (DPAs) to ensure compliance with GDPR, CCPA, and other applicable regulations.

We warrant that services will be performed in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED “AS ISrdquo; AND “AS AVAILABLErdquo; WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability, fitness for a particular purpose, or non-infringement
• Uninterrupted, error-free, or completely secure operation
• Accuracy or reliability of results

We do not warrant that services will meet your specific requirements or that all defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXARIC'S TOTAL LIABILITY ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE [X] MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL NEXARIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

Some jurisdictions do not allow these limitations. The above may not apply to you.

You agree to indemnify, defend, and hold harmless NeXaric and its officers, directors, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your misuse of our services
• Your violation of any laws or third-party rights
• Content or data you provide to us

By you

You may terminate services with written notice per your project agreement. Subscription services may be cancelled at any time, effective at the end of the current billing period.

By us

We may suspend or terminate services immediately if:

• You breach these Terms or any project agreement
• Payment is overdue
• Your use poses a security risk or legal liability
• We discontinue the service with reasonable notice

Effect of termination

You must pay all outstanding fees. We will assist in transitioning services subject to applicable fees. Sections regarding payment, IP, confidentiality, liability, and disputes survive termination.

We are committed to resolving disputes amicably:

1. 01Informal resolution — Contact us at business@nexaric.com in good faith
2. 02Mediation — If informal resolution fails, disputes may be submitted to mediation
3. 03Arbitration or litigation — Unresolved disputes proceed per the jurisdiction clause

Nothing prevents either party from seeking injunctive relief to protect IP or confidential information.

The governing law depends on the contracting entity:

• India — NeXaric Technologies Private Limited: governed by the laws of India, jurisdiction in Kolkata, West Bengal
• USA — NeXaric Technologies LLC: governed by the laws of the State of New Mexico, USA

Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, pandemics, war, terrorism, government actions, labor disputes, or telecommunications failures. The affected party must notify promptly and work in good faith to minimize impact.

Both parties agree to comply with all applicable laws, including export controls, anti-corruption laws (FCPA, U.K. Bribery Act), and data protection regulations.

We may modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use after changes take effect means acceptance of the revised Terms.

If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce any right or provision does not constitute a waiver.

These Terms, together with any project agreements, MSAs, SOWs, or subscription plans, constitute the entire agreement between you and NeXaric, superseding all prior agreements or communications.

Questions about these Terms? Contact us at business@nexaric.com or our contact page.