Terms of Service

Last Updated: March 22, 2025

NexLink — Terms of Service

FieldDetails
Effective DateMarch 22, 2025
Last RevisedMarch 22, 2025
Entity (US)NexLink, Inc. — Incorporated in Delaware, USA
Entity (BR)NexLink Tecnologia Ltda. — Brazil
Applies Tonexlink.ai and nexlink.com.br (together, the "Services")
Legal Contactlegal@nexlink.ai
General Contacthello@nexlink.ai

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NexLink, Inc., a corporation incorporated under the laws of the State of Delaware, United States of America, and/or NexLink Tecnologia Ltda., a company incorporated under the laws of Brazil (individually and collectively, "NexLink", "we", "our", or "us"), governing your access to and use of the websites nexlink.ai and nexlink.com.br, and all related platforms, applications, tools, portals, APIs, and services made available thereunder (collectively, the "Services").

By accessing or using the Services in any manner — including by browsing the website, registering an account, submitting information, using any feature, or engaging with any platform operated by NexLink — you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms, guidelines, or policies incorporated herein by reference.

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

If you do not agree to these Terms, you must immediately cease all use of the Services.


2. Eligibility

To access or use the Services, you must:

  • Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater.
  • Have the full legal capacity to enter into binding contracts under applicable law.
  • Not be prohibited from receiving services under applicable laws, including export control laws or sanctions programs.
  • Not have been previously suspended or removed from the Services by NexLink for cause.

By using the Services, you represent and warrant that you meet all eligibility requirements. NexLink reserves the right to verify eligibility and to refuse access to any person or entity at its sole discretion.


3. Description of Services

NexLink provides technology solutions for operationally intensive businesses, including but not limited to:

  • AI Agents and Automation: design, development, and deployment of artificial intelligence agents, conversational systems, and process automation solutions.
  • Communication Infrastructure: integration and management of omnichannel communication systems, including messaging, voice, and digital channels.
  • Platform Integrations: custom integration of third-party platforms, APIs, CRMs, payment systems, and business tools.
  • Digital Products: development of web applications, SaaS platforms, portals, and digital interfaces.
  • Recurring Operations: ongoing management, monitoring, and optimization of deployed solutions under service agreements.
  • Consulting and Strategy: advisory services related to digital transformation, AI adoption, and technology architecture.

The specific scope of Services provided to any given client is defined in a separate Statement of Work, Service Agreement, or equivalent contractual document executed between NexLink and that client. These Terms govern the general relationship between NexLink and all users of the Services and apply in addition to any such specific agreements.

NexLink reserves the right to modify, suspend, discontinue, or restrict any aspect of the Services at any time, with or without notice, subject to any obligations under applicable service agreements.


4. Account Registration and Security

4.1 Account Creation

Certain features of the Services require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information, and to maintain and update such information to keep it accurate, current, and complete at all times.

You may be offered the option to register using a third-party authentication provider (such as Google OAuth or similar single sign-on services). By doing so, you authorize NexLink to access and use the information provided by that service in accordance with our Privacy Policy.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any authentication tokens. You agree to:

  • Not share your credentials with any third party.
  • Notify NexLink immediately at hello@nexlink.ai if you become aware of any unauthorized access to or use of your account.
  • Ensure that you log out of your account at the end of each session, particularly when using shared or public devices.

NexLink will not be liable for any loss or damage arising from your failure to safeguard your account credentials. You are responsible for all activities that occur under your account, whether or not authorized by you.

4.3 Account Termination

NexLink reserves the right to suspend or terminate your account at any time, with or without notice, if we determine in our sole discretion that you have violated these Terms, engaged in fraudulent or abusive conduct, or for any other legitimate business reason. You may also request deletion of your account by contacting hello@nexlink.ai.


5. Use of the Services

5.1 Permitted Use

Subject to these Terms, NexLink grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose and in accordance with these Terms and any applicable service agreements.

5.2 Prohibited Conduct

You agree not to use the Services to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Infringe upon or misappropriate the intellectual property rights, privacy rights, or other rights of any third party.
  • Transmit any content that is unlawful, defamatory, obscene, abusive, threatening, harassing, fraudulent, or otherwise objectionable.
  • Distribute viruses, malware, or any other harmful or malicious code.
  • Interfere with, disrupt, or damage the integrity, performance, or availability of the Services or any connected systems or networks.
  • Attempt to gain unauthorized access to any portion of the Services, other accounts, or any related systems.
  • Use automated tools, bots, scrapers, or similar mechanisms to access, collect, or process data from the Services without NexLink's prior written consent.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software underlying the Services.
  • Use the Services to build a competing product or service, or to benchmark the Services for competitive purposes without authorization.
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
  • Engage in any activity that places an unreasonable or disproportionate load on NexLink's infrastructure.

5.3 User Content

Where the Services permit you to submit, upload, or generate content ("User Content"), you retain ownership of your User Content. By submitting User Content, you grant NexLink a worldwide, royalty-free, non-exclusive license to use, store, process, reproduce, and display your User Content solely to the extent necessary to provide and improve the Services.

You represent and warrant that you have all rights necessary to grant the foregoing license, and that your User Content does not violate any applicable law or the rights of any third party. NexLink does not endorse any User Content and takes no responsibility for it.

NexLink reserves the right to remove any User Content that violates these Terms or that NexLink determines, in its sole discretion, to be harmful, offensive, or otherwise inappropriate.


6. Intellectual Property

6.1 NexLink's Intellectual Property

All content, materials, software, technology, designs, trademarks, service marks, logos, trade names, and other intellectual property made available through the Services ("NexLink IP") are owned by or licensed to NexLink and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of NexLink IP to you.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use NexLink IP solely as necessary to use the Services as permitted under these Terms. You may not copy, modify, distribute, sell, sublicense, or create derivative works based on NexLink IP without NexLink's prior written consent.

6.2 Feedback

If you provide NexLink with suggestions, ideas, feedback, or other input regarding the Services ("Feedback"), you grant NexLink a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such Feedback in any manner, without any obligation or compensation to you.

6.3 Client Deliverables

With respect to custom deliverables developed by NexLink for a specific client pursuant to a separate service agreement, ownership of such deliverables shall be governed by the terms of the applicable agreement. In the absence of a specific agreement, NexLink retains all intellectual property rights in such deliverables.


7. Fees, Billing, and Payment

7.1 Fees

Access to certain Services may require payment of fees as set forth in the applicable proposal, invoice, or service agreement. All fees are stated in the applicable currency and are exclusive of applicable taxes unless otherwise noted.

7.2 Payment Terms

Unless otherwise agreed in writing, invoices are due within the number of days specified in the applicable agreement or invoice. NexLink reserves the right to suspend or restrict access to the Services in the event of non-payment.

7.3 Recurring Charges

Where you have authorized recurring charges (e.g., for subscription-based services), NexLink will charge the applicable fees on the agreed billing cycle. You authorize NexLink to continue charging the payment method on file until you cancel or modify your subscription in accordance with these Terms.

7.4 Refund Policy

All fees paid are non-refundable unless otherwise expressly stated in the applicable service agreement or required by applicable law. If you believe a charge was made in error, please contact hello@nexlink.ai within 30 days of the charge.

7.5 Taxes

You are responsible for all applicable taxes, duties, levies, and similar charges arising from your use of the Services, except for taxes based on NexLink's net income. If NexLink is required to collect taxes on your behalf, they will be added to your invoice.


8. Third-Party Services and Integrations

The Services may incorporate, integrate with, or provide access to third-party services, platforms, APIs, or content not owned or controlled by NexLink ("Third-Party Services"). Your use of Third-Party Services is governed by the terms and privacy policies of those third parties, and NexLink makes no representations or warranties regarding them.

NexLink is not responsible for the availability, accuracy, reliability, legality, or quality of any Third-Party Services. Any issues arising from Third-Party Services should be directed to the applicable third-party provider.

When you authorize an integration with a Third-Party Service, you grant NexLink permission to exchange data with that service on your behalf as described in our Privacy Policy.


9. Confidentiality

In the course of using the Services or engaging with NexLink, you may receive access to information that NexLink designates as confidential or that is reasonably understood to be confidential in nature ("Confidential Information"). You agree to:

  • Use Confidential Information solely for the purpose of receiving the Services.
  • Not disclose Confidential Information to any third party without NexLink's prior written consent.
  • Protect Confidential Information with at least the same degree of care you use for your own confidential information, but in no case less than reasonable care.

This obligation does not apply to information that: (a) is or becomes publicly known through no fault of yours; (b) you received from a third party without restriction; (c) you independently developed without reference to Confidential Information; or (d) you are required to disclose by law, provided you give NexLink reasonable advance notice.


10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. NEXLINK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXLINK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF NEXLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NEXLINK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NEXLINK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations apply to the maximum extent permitted by law.

10.3 Essential Basis of the Bargain

You acknowledge that the limitations of liability set forth in these Terms reflect a reasonable allocation of risk and form an essential basis of the bargain between you and NexLink. NexLink would not be able to provide the Services on the terms offered without these limitations.


11. Indemnification

You agree to indemnify, defend, and hold harmless NexLink, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights.


12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles, except that if you are located in Brazil, Brazilian law (including the LGPD and applicable consumer protection laws) shall apply to the extent required by applicable mandatory legal provisions.

12.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact NexLink at legal@nexlink.ai and provide a written description of the dispute. The parties agree to attempt in good faith to resolve the dispute informally within 30 days.

12.3 Arbitration (US Users)

For users located in the United States, any dispute that cannot be resolved informally shall be submitted to binding arbitration administered by a recognized arbitration body under its applicable rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

12.4 Jurisdiction (Brazilian Users)

For users located in Brazil, any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Brazil, in accordance with applicable Brazilian law.

12.5 Class Action Waiver

To the fullest extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against NexLink.


13. Term and Termination

These Terms are effective from the moment you first access or use the Services and remain in effect until terminated. NexLink may terminate or suspend your access to the Services at any time, with or without cause, with or without notice. You may terminate these Terms by ceasing all use of the Services and closing your account.

Upon termination: (a) your license to use the Services immediately ceases; (b) NexLink may delete your account and associated data in accordance with our Privacy Policy; (c) provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 10, 11, 12, and 14.


14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and NexLink with respect to the subject matter hereof and supersede all prior agreements, understandings, representations, and warranties.

14.2 Amendments

NexLink reserves the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Revised" date and, where warranted, by more prominent notice. Your continued use of the Services after any such modification constitutes your acceptance of the updated Terms.

14.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.4 Waiver

No failure or delay by NexLink in exercising any right under these Terms shall constitute a waiver of that right.

14.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without NexLink's prior written consent. NexLink may assign these Terms, in whole or in part, without restriction.

14.6 Force Majeure

NexLink shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, governmental actions, internet outages, or third-party service failures.

14.7 Language

These Terms may be made available in multiple languages. In the event of any conflict between versions, the English version shall prevail.


15. Contact Information

Legal & Compliancelegal@nexlink.ai
General Inquirieshello@nexlink.ai
Websitenexlink.ai · nexlink.com.br
Entity (US)NexLink, Inc., incorporated in Delaware, USA
Entity (BR)NexLink Tecnologia Ltda., Brazil

For any questions, concerns, or notices regarding these Terms, please contact us at the addresses above. We are committed to responding promptly and in good faith.


NexLink, Inc. · NexLink Tecnologia Ltda. · Terms of Service — Effective March 22, 2025