Terms of Service

Last Updated: January 23, 2026

NexarilyAI
Operated by: Clodwick Prince Jossurin (sole proprietor)
Fort Lauderdale, FL
Email: princejossurin@nexarilyai.com
Phone: (954) 667-8695

1. Eligibility and Account Registration

1.1 Eligibility

You must meet the following requirements to use our Services:

• Age: You must be at least 18 years old
• Authority: If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms
• Legal Capacity: You must have the legal capacity to enter into a binding agreement
• Compliance: You must not be prohibited from using the Services under applicable laws

1.2 Account Creation

To use our Services, you must create an account by providing:

• Accurate and complete information
• A valid email address
• A secure password
• Business or organization information (if applicable)

1.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password and enabling two-factor authentication when available

We are not liable for any loss or damage arising from your failure to protect your account credentials.

1.4 Account Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Update your information promptly if it changes
• Not impersonate any person or entity
• Not create an account using a false identity or information

We reserve the right to suspend or terminate accounts that contain false or misleading information.

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2. Description of Services

2.1 Platform Overview

NexarilyAI provides AI-powered automation products and services that may include:

• Custom AI agents for business automation
• Automated customer service, lead generation, and content creation
• Social media management and automation across multiple platforms
• Integration with third-party platforms including CRMs, social media, email services, and messaging platforms
• AI-powered workflow automation tools
• Analytics and performance monitoring
• Additional products and features we may introduce in the future

2.2 Service Availability

We strive to provide reliable and continuous access to our Services, but we do not guarantee:

• Uninterrupted or error-free operation
• That the Services will meet your specific requirements
• That all features will be available at all times
• Compatibility with all devices, browsers, or operating systems
• Continuous availability of third-party platform integrations

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services at any time
• Impose limits on certain features or restrict access to parts of the Services
• Perform scheduled or emergency maintenance with or without notice

2.3 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features") that are:

• Provided "as is" without warranties
• Subject to change or discontinuation at any time
• May not be fully tested or stable
• Should not be used for critical business operations

Your use of Beta Features is at your own risk.

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3. Subscription Plans and Pricing

3.1 Service Tiers

We offer multiple subscription tiers with different features and usage allowances:

Starter Tier:

• Base monthly fee: $149/month
• Includes base allowances for AI agent actions
• Consumption-based charges apply when allowances are exceeded

Growth Tier:

• Base monthly fee: $799/month
• Higher base allowances and discounted consumption rates
• Outcome-based pricing options available

Enterprise Tier:

• Base monthly fee: $4,500/month
• Custom allowances and volume discounts
• Dedicated support and custom integrations

Specific features and allowances are detailed on our pricing page and may be updated from time to time.

3.2 Consumption-Based Pricing

Certain services operate on a consumption basis. When you exceed your plan's included allowances, you will be charged:

• Per-action fees (e.g., $0.05-$5.00 per AI agent action)
• Outcome-based fees (e.g., $275 per qualified lead, $150 per blog post)
• Volume-based discounts may apply

All consumption charges are clearly itemized on your monthly invoice.

3.3 Free Trial

New users may be eligible for a 30-day free trial, which includes:

• Full access to selected features
• Base usage allowances
• No credit card required (at our discretion)
• Can be canceled at any time

At the end of the trial period, you will be automatically enrolled in a paid subscription unless you cancel before the trial ends.

3.4 Payment Terms

Billing Cycle: Monthly subscriptions are billed in advance on a recurring basis.

Payment Method: You must provide a valid payment method (credit card, ACH transfer, or other approved method).

Automatic Renewal: Your subscription automatically renews each month unless you cancel before the renewal date.

Payment Authorization: By providing payment information, you authorize us to charge your payment method for all fees incurred.

Invoices: You will receive monthly invoices via email containing:

• Base subscription fee
• Consumption charges
• Any applicable taxes
• Total amount due

3.5 Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.). You are responsible for paying all applicable taxes unless you provide a valid tax exemption certificate.

3.6 Refund Policy

30-Day Trial: You may cancel during your 30-day trial period without charge.

After Trial:

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions (if offered): Prorated refunds may be available at our discretion
• Consumption charges: Non-refundable once services are rendered

Disputes: If you believe you were charged incorrectly, contact us within 30 days at princejossurin@nexarilyai.com.

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4. User Content and Data

4.1 Your Content

"User Content" means any data, information, documents, or materials you upload, submit, or otherwise provide through the Services, including:

• Business documents and training materials
• Customer data accessed through integrations
• AI agent configurations and prompts
• Communications and support inquiries
• Social media content you create through our platform

4.2 Your Ownership

You retain all ownership rights to your User Content. By using our Services, you grant us a limited license to:

• Use, process, and store your User Content to provide the Services
• Transmit your content to third-party platforms you have authorized
• Perform backups and ensure data redundancy
• Make improvements to the Services based on aggregated, anonymized data
• Comply with legal obligations

This license ends when you delete your User Content or terminate your account (subject to our data retention policies in the Privacy Policy).

4.3 Your Responsibilities for User Content

You represent and warrant that:

• You own or have the necessary rights to all User Content
• Your User Content does not violate any laws, regulations, or third-party rights
• Your User Content does not contain viruses, malware, or harmful code
• You have obtained all necessary consents to provide User Content to us
• Content you post to social media platforms complies with each platform's terms of service

You are solely responsible for:

• The accuracy and legality of your User Content
• Backing up your User Content (we provide backups as a courtesy, not a guarantee)
• Any damages resulting from your User Content

4.4 AI Training Data

We may use anonymized, de-identified data from user interactions to improve our AI models, subject to the following conditions:

What We Use:

• Anonymized conversation patterns and workflows
• Aggregated usage statistics
• De-identified performance metrics

What We Remove:

• All personally identifiable information (PII)
• Company names and business-specific information
• Sensitive or confidential data

Your Control:

• You may opt out of contributing to AI training in your account settings
• Opt-out does not affect the core functionality of the Services
• We never sell your data to third parties for AI training

4.5 Prohibited Content

You may not upload, transmit, or otherwise use User Content that:

• Violates any law or regulation
• Infringes on intellectual property rights of others
• Contains viruses, malware, or harmful code
• Promotes violence, hatred, or discrimination
• Contains child sexual abuse material (CSAM)
• Violates the privacy rights of others
• Is defamatory, harassing, or threatening
• Is fraudulent or deceptive
• Violates any third-party platform's terms of service

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5. Third-Party Platform Integrations

5.1 Connecting Third-Party Services

Our Services allow you to integrate with third-party platforms. These integrations may be facilitated through different methods:

Social Media Platforms

• Meta Platforms: Facebook Pages, Instagram Business, WhatsApp Business
• Video Platforms: YouTube, TikTok
• Professional Networks: LinkedIn (Company pages and profiles)
• Microblogging: Twitter/X, Threads, Bluesky
• Other Social: Pinterest, Reddit

Business Tools

• CRM systems (Salesforce, HubSpot, Pipedrive)
• Email platforms (Gmail, Outlook, SendGrid)
• Content management (WordPress, blogs)
• Other business tools as we add support

5.2 Authorization and Permissions

When you connect a third-party service:

• You authorize us to access your account on that platform
• You grant the permissions necessary for the integration to function
• You are responsible for reviewing and understanding what permissions you grant
• You can revoke permissions at any time through your account settings
• Some integrations may store credentials with authorized third-party API services

5.3 Third-Party Terms

Your use of third-party integrations is subject to:

• The third party's terms of service and privacy policies
• Meta's Platform Terms (for Facebook, Instagram, and WhatsApp integrations)
• TikTok's Developer Terms of Service
• Twitter/X's Developer Agreement and Policy
• LinkedIn's API Terms of Use
• YouTube's API Services Terms of Service
• The terms of each respective platform

We are not responsible for the actions, policies, or practices of third-party services.

5.4 Data from Third-Party Services

When you integrate third-party services:

• We access only the data necessary to provide the requested functionality
• We handle third-party data in accordance with our Privacy Policy
• You represent that you have the right to share this data with us
• You are responsible for compliance with the third party's terms
• Data may flow through authorized intermediary services for some platforms

5.5 Platform Availability and Changes

Third-party platform integrations are subject to:

• Availability and uptime of the third-party platform
• Changes to platform APIs, terms, or policies
• Rate limits imposed by platforms
• Approval or audit requirements by platforms

We are not responsible for service interruptions caused by third-party platforms. If a platform changes its terms or APIs in a way that affects our integration, we will make reasonable efforts to adapt, but cannot guarantee continued functionality.

5.6 Disconnecting Integrations

You may disconnect any third-party integration at any time. When you disconnect:

• We will stop accessing data from that service
• Existing data may be retained according to our Privacy Policy
• Some features may become unavailable
• Scheduled posts may not be published

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6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, and other materials (excluding User Content), are owned by NexarilyAI and are protected by:

• Copyright, trademark, and patent laws
• Trade secret protections
• Other intellectual property rights

6.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal business purposes
• Use our documentation and materials solely in connection with your use of the Services

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any copyright, trademark, or other proprietary notices
• Rent, lease, sell, or sublicense the Services
• Use the Services to build a competing product or service
• Frame or mirror any part of the Services

6.3 Feedback

If you provide us with suggestions, ideas, or feedback ("Feedback"):

• We may use the Feedback without obligation to you
• You grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback
• We are not required to keep Feedback confidential

6.4 Brand Usage

You may not use our trademarks, logos, or brand elements without our prior written consent, except as necessary to identify us as the provider of the Services you are using.

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7. Acceptable Use and Prohibited Activities

7.1 General Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Engage in fraudulent or deceptive practices
• Interfere with the operation of the Services

7.2 Specifically Prohibited Activities

Technical Abuse:

• Attempt to gain unauthorized access to our systems or networks
• Use automated tools to scrape or harvest data from the Services
• Introduce viruses, malware, or harmful code
• Overload or attempt to disrupt our infrastructure
• Circumvent security measures or access controls

Misuse of AI Agents:

• Create AI agents that violate laws or regulations
• Use AI agents to spam, harass, or deceive others
• Generate content that violates our Prohibited Content policy (Section 4.5)
• Impersonate real individuals or entities without authorization
• Create deepfakes or synthetic media for harmful purposes

Business Misconduct:

• Resell or sublicense the Services without authorization
• Use the Services for cryptocurrency mining
• Use the Services to operate illegal gambling or adult services
• Engage in pyramid schemes or multi-level marketing violations

Social Media Platform Abuse:

• Violate the terms of service of integrated platforms (Facebook, Instagram, TikTok, Twitter/X, LinkedIn, etc.)
• Engage in artificial engagement manipulation (fake likes, followers, etc.)
• Spam or send unsolicited messages
• Create fake accounts or impersonate others
• Circumvent platform rate limits or restrictions
• Use automation in ways prohibited by individual platforms

7.3 Enforcement

If you violate these Terms, we may:

• Issue a warning
• Suspend or limit your access to certain features
• Terminate your account
• Report illegal activity to law enforcement
• Take legal action to recover damages

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8. Data Security and Privacy

8.1 Our Security Obligations

We implement reasonable security measures to protect your data, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments and updates
• Monitoring for security incidents

See Section 6 of our Privacy Policy for detailed security information.

8.2 Your Security Obligations

You are responsible for:

• Maintaining the security of your account credentials
• Implementing appropriate security measures for your own systems
• Promptly notifying us of any security incidents
• Ensuring your team members follow security best practices

8.3 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

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9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

9.2 AI-Specific Disclaimers

• AI models may produce inaccurate, incomplete, or inappropriate outputs ("hallucinations")
• You are responsible for reviewing and verifying all AI-generated content before use
• AI performance may vary and is not guaranteed to meet your expectations
• Training and fine-tuning does not guarantee perfect results

9.3 Third-Party Disclaimers

We are not responsible for:

• The availability, content, or practices of third-party services
• Changes to third-party APIs or integrations
• Data loss or security incidents caused by third-party services
• Violations of third-party terms by your use of integrations
• Account suspensions or bans imposed by third-party platforms
• Content moderation decisions by third-party platforms

9.4 Limitation of Liability

9.5 Indemnification

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

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of any third-party platform terms of service

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10. Account Suspension and Termination

10.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings
• Emailing princejossurin@nexarilyai.com with subject "Account Termination Request"

Upon termination:

• Your access to the Services will cease immediately
• You will be billed for any outstanding charges
• Your data will be retained for 30 days (see Privacy Policy Section 5.2)
• No refunds will be issued for unused time in your billing cycle
• Third-party platform connections will be disconnected

10.2 Suspension or Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• Your account is involved in fraudulent activity
• You engage in prohibited activities
• Your payment method fails repeatedly
• We are required to do so by law
• We cease operating the Services
• A third-party platform requires us to terminate your access

10.3 Effects of Termination

Upon termination by either party:

• All licenses granted to you under these Terms will immediately terminate
• You must cease all use of the Services
• You remain responsible for all charges incurred before termination
• Sections that by their nature should survive termination will continue to apply

10.4 Data Retention After Termination

After account termination:

• 30-day grace period: Your data is retained for 30 days in case you wish to reactivate
• After 30 days: All personal data is permanently deleted
• Exceptions: We may retain certain data as required by law or for legitimate business purposes (see Privacy Policy)

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11. Modifications to Services and Terms

11.1 Changes to Services

We reserve the right to:

• Modify or discontinue any features of the Services
• Change pricing and subscription plans (with 30 days notice for existing customers)
• Update our technology and infrastructure
• Add or remove third-party integrations
• Introduce new products or discontinue existing ones

We will make reasonable efforts to notify you of material changes.

11.2 Changes to Terms

We may update these Terms from time to time. When we do:

• We will update the "Last Updated" date at the top of this page
• For material changes, we will notify you via email or prominent notice in the Services
• Your continued use of the Services after changes take effect constitutes acceptance
• If you do not agree to the updated Terms, you must stop using the Services

11.3 Notice of Changes

We will provide at least 30 days notice for:

• Significant price increases for existing customers
• Major changes to core functionality
• Changes that materially reduce your rights

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12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the use of the Services, except as required by law or as necessary to provide the Services.

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13. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

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14. Government Use

If you are a U.S. government entity or using the Services on behalf of one, the Services are provided as "commercial items" as defined in 48 C.F.R. § 2.101, with only those rights customarily provided to the public.

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15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at princejossurin@nexarilyai.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Binding Arbitration

Agreement to Arbitrate: You and NexarilyAI agree to resolve any disputes arising from or relating to these Terms or the Services through binding arbitration, except as specified below.

Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, Supplementary Procedures for Consumer-Related Disputes.

Location: Arbitration will be conducted in Fort Lauderdale, Florida, or at another location we mutually agree upon.

Costs: Each party will bear its own costs, but we will reimburse your filing fees if your claim is for less than $10,000 and is not frivolous.

Exceptions to Arbitration:

• Claims in small claims court (up to jurisdictional limit)
• Claims for injunctive relief related to intellectual property
• Claims that cannot be arbitrated under applicable law

15.3 Class Action Waiver

15.4 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to princejossurin@nexarilyai.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

15.5 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions.

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16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NexarilyAI.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, or third-party service outages.

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17. Special Provisions for AI Services

17.1 AI Content Review

You acknowledge that:

• AI-generated content may contain errors, inaccuracies, or inappropriate material
• You are solely responsible for reviewing all AI outputs before use
• You should not rely on AI-generated content for critical decisions without human review
• AI models may exhibit biases or produce unexpected results

17.2 Model Updates

We may update, replace, or modify the underlying AI models at any time. Such changes may:

• Improve or change the quality of outputs
• Affect the behavior of your AI agents
• Require you to retrain or reconfigure your agents

We are not liable for any disruptions caused by model updates.

17.3 Usage Limits

To ensure fair use and platform stability, we may impose limits on:

• Number of AI agent actions per month
• API call rates
• Storage capacity
• Concurrent requests
• Social media posting frequency

If you exceed these limits, your service may be throttled, or you may be charged overage fees.

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18. Contact Information

If you have questions about these Terms, please contact us:

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