Terms of Service
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1. Agreement
These terms govern your use of NexaOS: the desktop app, the Telegram bot, and the related online services (together, the Service). By using the Service, you agree to them on behalf of the organisation you represent (the Customer, "you"). If you do not have authority to bind that organisation, do not use the Service. If you and NexaOS have signed a separate agreement, that agreement takes priority over these terms where they conflict.
2. Accounts
You are responsible for the accounts created under your organisation, for keeping sign-in details secure, and for everything done through those accounts. Tell us promptly at info@nexaosdesk.com if you suspect unauthorised access.
3. Monitoring your staff lawfully
NexaOS records attendance, activity, app and website usage, screenshots and related data about the people you add to it. You are responsible for:
- having a lawful basis to monitor each person you add, under the laws that apply to you and to them;
- telling them clearly that NexaOS is in use and what it records, and getting their consent where the law requires it;
- configuring the Service (for example, who can see screenshots) in a way that is appropriate for your organisation.
Our Privacy Policy describes what the Service collects. As between you and us, you control the data about your staff and we process it on your behalf to provide the Service.
4. Acceptable use
You must not, and must not allow anyone to:
- use the Service to monitor anyone without the notice or consent the law requires, or for any unlawful, harassing or discriminatory purpose;
- install the app on a device without the knowledge of the person who uses it;
- attempt to get around the Service's security, privacy protections (such as screenshot blurring) or usage limits;
- copy, modify, reverse engineer or resell the Service, except where the law expressly allows it;
- upload malicious code or use the Service in a way that harms it or other users.
5. Fees and payment
Fees are charged per rep, per month, at the price for your plan shown on our website or agreed with you in writing. Unless agreed otherwise, fees are billed in advance, are non-refundable, and exclude taxes, which you are responsible for. We may change prices with at least 30 days' notice; the new price applies from your next billing period. If payment is overdue, we may suspend the Service after giving you notice.
6. Your data
You own the data you and your staff put into the Service (Customer Data). You give us permission to host, process and display Customer Data only as needed to provide, secure and support the Service. We do not sell Customer Data or use it for advertising. While your account is active you can delete Customer Data, or ask us to export or delete it, and our handling of it after your account closes is described in our Privacy Policy.
7. Our property
NexaOS, including the software, design and documentation, belongs to us and our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription, for your internal business purposes. If you send us feedback, we may use it without obligation to you.
8. Availability and changes
We work to keep the Service available and secure, but we do not guarantee it will be uninterrupted or error-free. We may improve or change the Service over time. If we remove a feature you rely on in a way that materially reduces the Service, we will give you reasonable notice.
9. Third-party services
The Service relies on third-party providers, such as Supabase for hosting and Telegram for bot messages. Your use of Telegram is also subject to Telegram's own terms. We are not responsible for services we do not control.
10. Term and termination
These terms apply for as long as you use the Service. You may stop using it and close your account at any time. We may suspend or end your access if you materially breach these terms and do not fix the breach within a reasonable time after notice, or immediately if needed to prevent harm or comply with the law. Sections that by their nature should survive termination (including fees owed, ownership, disclaimers and limits of liability) will survive.
11. Disclaimers
Except as expressly stated in these terms, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Activity and usage data are indicators to support your judgement, not proof of misconduct. You are responsible for decisions you make about your staff.
12. Limitation of liability
To the fullest extent the law allows, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party's total liability arising out of these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, your breach of section 3 or 4, or liability that cannot be limited by law.
13. Indemnity
You will defend and compensate us against third-party claims arising from your use of the Service to monitor people in breach of the law or of section 3 or 4.
14. Changes to these terms
We may update these terms. We will change the date at the top and, for material changes, notify you at least 30 days before they take effect. Continuing to use the Service after that date means you accept the updated terms.
15. General
These terms are governed by the laws of the jurisdiction in which NexaOS is established, and disputes will be handled by its courts, unless the law where you are based requires otherwise. If any part of these terms is unenforceable, the rest remains in effect. Not enforcing a term is not a waiver of it. You may not transfer these terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets.
16. Contact
Questions about these terms: info@nexaosdesk.com.