Terms of Service

Welcome to NXTWave. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications (collectively, our "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services. Please read these Terms carefully before using our Services.

1. Services Description

NXTWave provides technology services including but not limited to:

• Custom application development and operations (App Dev/Ops)
• IT administration services
• Data management and artificial intelligence solutions
• Consulting and advisory services
• Managed services and support

Our Services are designed for business clients and are not intended for individual consumers. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using our Services, you represent and warrant that you meet these requirements.

3. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access to your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect any unauthorized use.

4. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of NXTWave or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our express written permission.

5. User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting, posting, or displaying User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media.

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to grant us the license described above
• Your User Content does not infringe upon any third-party rights
• Your User Content complies with all applicable laws and regulations

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. We have no obligation to monitor User Content, but we reserve the right to remove or modify any User Content at our sole discretion.

6. Payment Terms

Certain Services may require payment. You agree to pay all fees and charges incurred in accordance with the pricing and payment terms in effect at the time a purchase is made. All fees are exclusive of taxes, which we will charge as required by law.

Unless otherwise stated, all fees are due upon receipt of invoice. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

We reserve the right to suspend or terminate Services if payments are not received in a timely manner.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the provision of Services. Confidential information includes but is not limited to business plans, technical data, financial information, and trade secrets. This obligation survives the termination of these Terms.

8. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall NXTWave be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all damages exceed the amount paid by you, if any, for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless NXTWave, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Termination

We may terminate or suspend your access to all or any part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction and venue therein.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14. Contact Information

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

• By email: legal@nxtwavecorp.com