Terms of Service
Last updated: June 2025 · Nexar Solutions · Boston, Massachusetts
1. Agreement
These Terms of Service govern your use of nexartech.net and any services provided by Nexar Solutions ("Nexar," "we," "us," or "our") to you ("Client" or "you"). Submitting an inquiry, signing a service agreement, or using our services means you agree to these Terms.
If there is a signed Service Agreement between Nexar and the Client, that agreement controls in any conflict with these Terms.
2. Services
Nexar delivers managed website development, AI chatbot deployment, and related digital growth services on a setup-fee-plus-monthly-retainer model. The scope, deliverables, and package details for each engagement are defined in the Client's signed Service Agreement.
Pricing and package features may change. Current pricing is at nexartech.net/pricing. Active clients will receive at least 30 days' notice before any pricing change takes effect.
3. Payment
- Setup fee: Due in full before work begins. Non-refundable once work has started.
- Monthly fee: Billed on a recurring monthly basis starting at project launch.
- Late payments: Accounts more than 15 days past due may have services suspended until the balance is cleared.
- Taxes: Quoted fees do not include applicable sales, use, or similar taxes. Clients are responsible for any taxes their jurisdiction requires.
4. No Guarantee of Results
We build websites and chatbots and manage them monthly. We do not guarantee specific outcomes. Search rankings, traffic volume, lead count, conversion rates, and revenue are not things we can promise.
Results vary by industry, market, client follow-up quality, and many other factors outside our control. Anything discussed as a projection or example during a sales call is illustrative, not a performance guarantee.
5. Intellectual Property
This section draws a clear line between two categories of IP.
Nexar Core IP — never transferred
Nexar retains all rights to its proprietary frameworks, methodologies, automation architectures, component libraries, prompt libraries, template structures, development processes, internal tooling, and any systems or logic used to build deliverables. This is the craft behind the work — how Nexar constructs websites, chatbots, and workflows — and it exists independently of any single client engagement. Nexar Core IP is never transferred, licensed exclusively, or restricted by any client engagement, including under the buyout option below. Nexar retains the perpetual, irrevocable right to use the same methods, frameworks, and approaches to build similar systems for any other client.
Client Work Product — licensable and optionally transferable
The specific website pages, designs, copy, chatbot conversation flows, chatbot responses, and automation configurations built for a Client's specific business ("Client Work Product") remain Nexar's property during the engagement. While services are active, the Client receives a limited, non-exclusive license to use the Client Work Product for its intended business purpose. That license ends when services are cancelled or terminated, unless a written IP transfer is executed as described below.
Buyout option
A Client may purchase ownership of their Client Work Product by submitting a written Transfer Request to Nexar before or at the time of cancellation. Nexar will issue a written IP Transfer Agreement that specifies exactly what is included. A Transfer Fee, determined per engagement based on the scope and value of work delivered, is required before any transfer takes effect. Upon full payment and execution of the IP Transfer Agreement, ownership of the specified Client Work Product transfers to the Client.
The buyout covers only the client-specific layer: the website content and design, the chatbot's trained responses and conversation logic, and the automation triggers and routing built for the Client's business. It does not and cannot include Nexar Core IP — the underlying frameworks, architectures, and methods that produced that work. Nexar retains a perpetual, irrevocable, royalty-free license to the Core IP regardless of any transfer.
Client-provided assets
Content, copy, images, logos, and brand assets the Client provides to Nexar remain the Client's property at all times and are not affected by these IP terms.
6. Client Obligations
Client agrees to:
- Provide accurate business information, content, and materials needed to do the work
- Review deliverables and give feedback within agreed timelines
- Give Nexar the access needed to platforms, hosting, and tools
- Make sure any content or materials provided to Nexar do not infringe third-party rights
- Not use Nexar services for anything unlawful
7. AI Chatbot Disclosure
Chatbots deployed by Nexar are automated AI systems. They are not human agents. Nexar configures each chatbot to identify itself as an AI at the start of conversations and whenever a user asks.
The Client is responsible for making sure their chatbot deployment complies with laws in their jurisdiction, including recording consent, data collection disclosures, and any AI transparency requirements that apply to them.
Nexar chatbots are not built to give medical, legal, financial, or emergency advice and should not be configured by the Client to do so.
8. Data and Privacy
How Nexar collects and handles personal information is covered in our Privacy Policy, which is part of these Terms.
For data collected from a Client's end users through their website or chatbot, the Client is the data controller and Nexar acts as a processor on their behalf. The specifics are covered in the signed Service Agreement.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
Nexar's total liability for any claim under these Terms will not exceed the total fees paid by the Client in the three months before the claim arose.
Some jurisdictions do not allow these kinds of limits, so they may not apply to you in full.
10. Cancellation
Either party can cancel with 30 days' written notice sent by email to the other party's primary contact on file.
On cancellation: service access runs through the end of the current billing period; setup fees already paid are not refunded; the Client's license to use Nexar work product ends unless a written transfer is in place.
11. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts. Disputes go to good-faith negotiation first. If that does not resolve things, they go to the state or federal courts in Suffolk County, Massachusetts.
12. Changes to These Terms
We may update these Terms. Active clients get at least 30 days' email notice before material changes take effect. Continuing to use our services after that means you accept the updated Terms.
13. Contact
Nexar Solutions
Boston, Massachusetts, United States
support@nexartech.net
+1 (774) 622-7085