Terms and Conditions

1. Introduction

Nexphaz is a digital marketing agency headquartered at 28 W Flagler St Ste 300B #113, Miami, FL 33130. These Terms apply to all users of our platform, recipients of our marketing communications, and beneficiaries of any service we provide, whether paid or complimentary.

2. Access to the Platform

• Access to the system is restricted to registered clients who have contracted a service plan with Nexphaz.
• Login credentials are personal and non-transferable. Users are responsible for maintaining the confidentiality of their account information.
• Nexphaz reserves the right to suspend or terminate access to the platform in case of suspected misuse or violation of these Terms.

3. Services and Subscriptions

Plans and Features: We offer different service plans (Silver, Gold, Platinum), each with specific features and levels of support. Plan details and pricing are shared and agreed upon outside the platform.

Billing: Invoices are manually generated and sent via email. Clients can also view invoices through the "Invoices" section within the platform. The platform does not process payments and does not include any integrated payment gateways.

Cancellations: Clients may request to cancel or modify their plan at any time by contacting our team. Cancellation is handled manually and confirmed via email.

4. Use of APIs and Permissions

• Our platform uses the Google Ads API and the Meta Ads API (Facebook Ads) to retrieve advertising performance data.
• We only use corporate advertising accounts managed by our team.
• We do not request access to or permissions for the client's own ad accounts.
• All access to third-party APIs is limited to displaying relevant metrics in the client's dashboard.

5. Data and Privacy

Use of our services and platform is subject to our Privacy Policy, which outlines how we collect, use, and protect data. Clients are responsible for keeping their data up to date and for any actions taken through their account.

6. Outbound Marketing Communications

Nexphaz may engage in outbound marketing by contacting businesses via email or other channels. The following rules apply to all outbound marketing activities:

• All commercial email communications comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).
• Every marketing email will include: (a) a clear and accurate subject line; (b) identification of Nexphaz as the sender; (c) our physical mailing address; and (d) a clear and functional opt-out mechanism.
• Recipients who opt out will be removed from our marketing lists within 10 business days and added to a permanent suppression list.
• We do not send marketing emails to individuals or businesses that have previously opted out.

7. Free Website Promotion — Terms

a) Eligibility

The Free Website Promotion is available to businesses that (i) do not currently have a website, or (ii) have a website that is outdated or non-functional, as determined by Nexphaz. Nexphaz reserves the right to determine eligibility at its sole discretion.

b) What Is Included

The Free Website Promotion includes ONE (1) website, hosted under a subdomain managed by Nexphaz (e.g., yourbusiness.nexphaz.com or similar). The website will be built using a template populated with publicly available information about the business, including dynamic variables such as:

• Company name
• Business email address
• Business phone number

The website will remain active for as long as Nexphaz continues to offer this promotion, or until either party terminates the arrangement in accordance with these Terms.

c) What Is NOT Included

d) Account Creation

By accepting the Free Website Promotion, you authorize Nexphaz to create a sub-account on our platform (app.nexphaz.com) on your behalf for the purpose of building and hosting your website. You will receive login credentials to access this account.

e) No Warranty on Free Service

The free website is provided "as is" without warranty of any kind. Nexphaz does not guarantee uninterrupted availability, security, or accuracy of content on websites hosted under the promotion. Nexphaz may modify or discontinue the free hosting service at any time with reasonable notice.

f) Nexphaz Subdomain — No Ownership Transfer

The subdomain under which the free website is hosted remains the property of Nexphaz at all times. The business does not acquire any ownership rights over the subdomain. If the promotion ends or the business upgrades to a paid plan, the website content may be migrated to a custom domain at the business's request, subject to applicable fees.

g) Nexphaz Branding

Nexphaz reserves the right to include a small attribution notice (e.g., "Website by Nexphaz") on websites created under this promotion.

h) Termination of Free Website

Either party may terminate the free website arrangement at any time. The business may request removal of its website and associated data by contacting info@nexphaz.com. Nexphaz may also terminate free hosting with 30 days' written notice. Upon termination, the website will be taken offline and associated data will be deleted or returned to the business upon request.

i) Upgrade to Paid Services

At any time, the business may choose to upgrade to a paid Nexphaz plan, which includes additional features such as a custom domain, email hosting, automation, and more. Paid plan details are available upon request at info@nexphaz.com.

8. Intellectual Property

• All content, software, templates, and design elements within the Nexphaz platform are the property of Nexphaz and are protected by applicable intellectual property laws.
• Clients may not copy, distribute, or reverse-engineer any part of the system without explicit written authorization from Nexphaz.
• Content provided by the client (such as logos, images, or text) remains the property of the client. By providing such content, the client grants Nexphaz a limited license to use it for the purpose of building and hosting the website.

9. Limitations of Liability

• All services, including the Free Website Promotion, are provided "as is."
• Nexphaz makes reasonable efforts to ensure availability and accuracy but does not guarantee uninterrupted access or complete accuracy of data or website content.
• Nexphaz is not responsible for losses derived from decisions made based on the platform's information or the content of any website we create.
• In no event shall Nexphaz's total liability to a client exceed the amounts paid by that client to Nexphaz in the three (3) months preceding the event giving rise to the claim. For free-service recipients, Nexphaz's liability is limited to the maximum extent permitted by applicable law.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida.

11. Modifications

• These Terms may be updated periodically.
• Clients will be notified of significant changes via email or through a notice on the platform.
• Continued use of our services or the free website after notice of changes constitutes acceptance of the updated Terms.

12. Contact

For questions or clarifications regarding these Terms: