Terms of Service

1. Customer-Controlled Deployment Model

• Nexus is designed to be deployed in customer-controlled environments where possible.
• You are responsible for the environment, systems, accounts, integrations, and data sources you connect or authorize.
• If Marcoby provides managed hosting, support, implementation, or AI routing, Marcoby's role is limited to the services Marcoby agrees to provide.

2. Eligibility and Account Use

• You must have authority to enter these Terms for yourself or the organization you represent.
• You are responsible for account security, administrator access, and activity under your credentials.
• You must provide accurate registration and billing information and keep it current.

3. Customer Data and Responsibilities

• You retain ownership of your content, files, prompts, business records, and connected data.
• You are responsible for the legality of the data you use with Nexus and for obtaining any required notices, consents, permissions, or approvals.
• You are responsible for retention settings, access decisions, and the business purposes for which Nexus is used inside your environment.
• If Marcoby processes customer data while providing managed services or support, that processing is governed by the applicable contract and limited to the agreed services.

4. Data Sovereignty and Portability

We act as your IT partner, which means your business knowledge belongs to you. If you ever outgrow us or decide to leave:

• We guarantee your ability to export your entity graphs, decisions, and workspace data in an accessible format.
• We manage the infrastructure, but you own the brain. We will not hold your data hostage.
• Upon termination, you can request a complete export of your Nexus database.

5. AI-Assisted Features

• Nexus includes AI-assisted tools that may generate drafts, summaries, recommendations, analyses, or other outputs.
• You are responsible for deciding what data is submitted to AI-assisted features in your deployment and for reviewing outputs before reliance.
• AI outputs may be inaccurate, incomplete, biased, or unsuitable for your use case.
• You must not represent Nexus output as verified fact, licensed professional advice, or a real person's statement unless it has been independently validated.

6. Acceptable Use

You may not use Nexus to:

• Break the law or violate the rights, privacy, safety, or property of others.
• Create or distribute fraudulent, deceptive, defamatory, harassing, or abusive content.
• Generate fake reviews, fake testimonials, fake endorsements, or impersonations of real people, companies, or government entities.
• Mislead users into believing they are interacting with a human when they are not.
• Create deceptive synthetic media for political, commercial, or identity-related misuse.
• Upload malware, interfere with the service, bypass limits, probe vulnerabilities, or attempt unauthorized access.
• Use Nexus as the sole basis for decisions in regulated or high-risk contexts without appropriate human review.

7. Marcoby-Controlled Services

Marcoby remains responsible for the software and services Marcoby controls, including Marcoby-operated infrastructure, support tools, billing systems, commercial records, and security measures for those systems. Marcoby may also maintain logs and records needed to support, secure, and administer those services.

8. Compliance Responsibilities

You are responsible for using Nexus in compliance with applicable laws, regulations, and industry obligations, including rules requiring notice, disclosure, consent, recordkeeping, or human review. If your use case involves employment, housing, credit, healthcare, insurance, legal services, education, or similar regulated activities, you are responsible for determining whether additional controls are required.

9. Availability, Changes, and Beta Features

Nexus is an evolving service. We may add, change, suspend, or remove features, including experimental or beta capabilities, at any time. We will try to provide notice for material changes when reasonably practicable.

10. Fees and Payment

Paid subscriptions, implementation fees, renewals, taxes, and cancellation terms are governed by your order form, checkout flow, or separate written agreement with Marcoby.

11. Intellectual Property

Nexus, including its software, design, trademarks, and service materials, is owned by Marcoby or its licensors and protected by applicable law. Except for the limited right to use the service under these Terms, no rights are granted to you. Feedback you choose to provide may be used by Marcoby without restriction or obligation.

12. Suspension and Termination

• You may stop using Nexus at any time, subject to any contractual billing commitments.
• We may suspend or terminate access if we reasonably believe you violated these Terms, created legal risk, or threatened the security or integrity of Marcoby-controlled services.
• We may also suspend access to investigate suspected abuse, fraud, or unlawful use.

13. Disclaimers

NEXUS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARCOBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR FIT FOR ANY PARTICULAR DECISION.

14. Limitation of Liability

To the maximum extent permitted by law, Marcoby will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, use, or data. To the extent permitted by law, Marcoby's total liability for claims arising out of or relating to Nexus will not exceed the amounts paid by you to Marcoby for Nexus during the 12 months before the event giving rise to the claim.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except where applicable law requires otherwise. Venue for disputes not subject to arbitration will lie in the appropriate state or federal courts located in California.

16. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised date. Continued use of Nexus after the updated Terms become effective constitutes acceptance of the updated Terms.

17. Contact

Questions about these Terms can be sent to [email protected].

18. Third-Party Services and Terms

Nexus coordinates with third-party services (e.g., Google Workspace, Microsoft 365, GitHub, HubSpot, Slack). By connecting or authorizing these services, you acknowledge that you are also bound by their respective Terms of Service and Privacy Policies. Marcoby is not responsible for the privacy practices, service availability, or content of any third-party providers.