Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you," or "your") and NexaraGrowth ("NexaraGrowth," "we," "us," or "our") governing your access to and use of the NexaraGrowth software-as-a-service CRM platform, including our website, dashboard, mobile-optimized field tools, APIs, and any related services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you accept these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

NexaraGrowth is a subscription CRM platform built for service businesses. Depending on your plan, the Service may include lead discovery and enrichment, pipeline and contact management, job dispatch, SMS and email campaign tools, an AI voice/chat agent, appointment scheduling, photo storage, payment collection, and profitability reporting. We may add, change, or remove features at any time as the Service evolves.

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You are responsible for the accuracy of the information you provide during registration and for keeping your login credentials confidential.
• You are responsible for all activity that occurs under your account, including activity by employees, contractors, or sub-accounts you authorize.
• You must notify us promptly at darrick@nexaragrowth.com if you suspect unauthorized use of your account.

• Paid plans are billed in advance on a monthly or annual basis through our payment processor, Stripe, and automatically renew until cancelled.
• Free trials, where offered, convert to a paid subscription only if you affirmatively select and pay for a plan; we will not charge a card automatically at the end of a no-credit-card trial.
• Fees are non-refundable except as required by law or as we expressly state in writing.
• You may cancel your subscription at any time from your account settings; cancellation takes effect at the end of the current billing period.
• We may change pricing on renewal terms with reasonable advance notice.

You agree not to use the Service to:

• Violate any applicable law or regulation, or the rights of any third party;
• Send unsolicited, deceptive, or abusive communications, or otherwise misuse the outreach, SMS, email, or AI calling features (see Section 6);
• Upload malicious code, attempt to breach security, or interfere with the integrity or performance of the Service;
• Scrape, resell, or provide third-party access to the Service without our written consent; or
• Use the Service to build a competing product.

NexaraGrowth provides tools that let you send SMS text messages, phone calls, and emails to your own contacts, including AI-assisted campaigns and automated follow-ups. You are solely responsible for how you use these tools and for complying with all applicable laws governing commercial communications, including without limitation the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, applicable state mini-TCPA and privacy statutes, and carrier/CTIA messaging guidelines.

Specifically, you represent and warrant that you will:

• Obtain and retain proof of valid consent (express written consent where required) before texting or calling any contact using an automatic telephone dialing system, prerecorded voice, or AI voice agent;
• Honor STOP, unsubscribe, and do-not-call requests immediately and maintain suppression lists;
• Include accurate sender identification, a working return contact method, and a clear unsubscribe mechanism in every commercial email, consistent with CAN-SPAM;
• Not use purchased, scraped, or otherwise non-consented contact lists for SMS or automated voice outreach; and
• Only contact leads within the days/hours and frequency limits required by applicable law.

NexaraGrowth is a communications tool, not a compliance service. We do not review, and are not responsible for, the content of your messages or the legality of your outreach. You are solely liable for claims, fines, or penalties (including TCPA statutory damages) arising from your use of the outreach features. See also our Disclaimer. We may suspend messaging or calling features on any account we reasonably believe is violating this section or generating excessive spam complaints, carrier filtering, or regulatory risk.

"Customer Data" means the contact records, business data, messages, photos, notes, and other content you or your users upload to or generate within the Service. As between you and NexaraGrowth, you own your Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service. You are responsible for having the necessary rights and consents to upload Customer Data, including personal information about your leads and customers. See our Privacy Policy for how we handle personal data.

The Service integrates with third-party providers such as Stripe (payments), Twilio (SMS/voice), Google (calendar, maps, and business data), and Anthropic (AI models) to deliver certain features. Your use of those integrations is also subject to the applicable third party's terms and privacy policies. We are not responsible for the acts, omissions, or availability of third-party services.

The Service, including its software, design, branding, and documentation, is owned by NexaraGrowth and our licensors and is protected by intellectual property laws. Except for the limited right to access and use the Service under these Terms, no rights are granted to you.

NexaraGrowth provides software tools to help you manage leads, run campaigns, and operate your business. We do not guarantee any specific outcome, including but not limited to lead volume, conversion rates, revenue, appointments booked, reviews collected, or profit. Results depend on factors outside our control, such as your market, pricing, follow-up, and the accuracy of third-party data sources. Full details are in our Disclaimer.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED CONTENT, SCORING, AND SUGGESTIONS MAY CONTAIN INACCURACIES AND SHOULD BE REVIEWED BEFORE YOU RELY ON THEM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXARAGROWTH AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to defend, indemnify, and hold harmless NexaraGrowth from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, your violation of these Terms, or your violation of any law, including outreach and messaging laws described in Section 6.

You may cancel your account at any time. We may suspend or terminate your access to the Service if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal or security risk for us or others. Upon termination, your right to use the Service ends; certain provisions of these Terms (including Sections 6, 9–13, and 15) survive termination.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles, regardless of where you access or use the Service. You agree that the state and federal courts located in Iowa will have exclusive jurisdiction over any dispute that is not otherwise subject to arbitration or informal resolution, and you consent to personal jurisdiction in those courts.

We may update these Terms from time to time. If we make material changes, we will provide notice, such as by posting an updated effective date or notifying you by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be sent to darrick@nexaragrowth.com.