1. Acceptance of Terms
By accessing or using the NexudeIT marketplace platform ("Platform"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform.
2. Reservation of Rights to Amend Terms
NexudeIT reserves the right to alter, amend, update, or replace these Terms & Conditions at any time, at its sole discretion, with or without prior notice. Changes become effective immediately upon posting to the Platform. Your continued use of the Platform after any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree with any changes, you must discontinue use of the Platform.
3. Account Registration
To access certain features, you must register for an account. You agree to provide accurate, current, and complete information, maintain the security of your password, and accept responsibility for all activities under your account. You must be at least 16 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms. A verified email address is required to access core marketplace features including listing products, placing orders, bidding on auctions, and creating stores. You may browse and explore the platform without verification, but must verify your email before conducting transactions.
4. Marketplace Services
NexudeIT provides a platform connecting buyers and sellers. We facilitate transactions but are not a party to the sale. Sellers are independent parties responsible for their own product listings, pricing, fulfillment, and customer service. NexudeIT does not guarantee the quality, safety, legality, or accuracy of any listing.
5. Seller Obligations
Sellers on the Platform agree to:
- Provide accurate product descriptions, images, pricing, and specification data. Listings created using the Page Builder feature (text blocks, image galleries, video embeds, specification tables, FAQ sections) must accurately represent the item being sold
- Ensure all media (images, videos, galleries) included in listings are owned by the seller or used with proper authorisation. NexudeIT is not responsible for copyright claims arising from seller-uploaded content
- Fulfill orders promptly and maintain reasonable inventory levels
- Comply with all applicable laws, including consumer protection and product safety regulations
- Respond to buyer inquiries and resolve disputes in good faith
- Not list prohibited items including counterfeit goods, stolen property, hazardous materials, or items that violate third-party intellectual property rights
- Not use the listing page builder to embed malicious links, misleading redirect buttons, phishing forms, or content that attempts to redirect buyers away from NexudeIT's checkout or messaging systems
6. Listing Accuracy and Category Compliance
All listings on the Platform must be placed in the appropriate category and tagged accurately. Sellers are responsible for ensuring their products and listings are correctly categorised and described. The following rules apply:
- Miscategorised Listings: Any listing found to be intentionally or negligently placed in an incorrect category, or using misleading or unrelated tags to attract traffic, will be removed immediately without prior notice
- Strike System: Each removal of a miscategorised or inappropriately tagged listing constitutes a strike against the seller's account. Strikes are cumulative and do not expire
- Escalation Policy: Strike 1 results in the listing being removed with a formal warning. Strike 2 results in listing removal and a temporary suspension of listing privileges. Strike 3 or more results in a permanent account ban (Level 3 site-wide ban)
- IP-Based Enforcement: When an account receives a permanent ban due to repeated violations, NexudeIT will also restrict the associated IP address(es) to prevent the creation of new accounts for the purpose of circumventing the ban
- Report-Based Actions: Users may report listings they believe are miscategorised or inappropriate. Reports that are verified by NexudeIT administrators will result in the same strike and escalation process described above
- Determination Authority: NexudeIT reserves the sole right to determine whether a listing is appropriately categorised. Decisions made by NexudeIT administrators regarding listing compliance are final, subject to the appeal process outlined in Section 16
7. Buyer Obligations
Buyers on the Platform agree to:
- Provide accurate shipping and payment information
- Complete purchases in good faith and not abuse refund or dispute processes
- Communicate respectfully with sellers and other users
- Review and understand product descriptions before making a purchase
8. Payments, Fees, and Escrow
All payments are processed securely through Stripe (default), PayPal, or Square depending on the seller's configuration. Prices are displayed in the currency selected by the seller. NexudeIT may charge service fees, commissions, or listing fees as disclosed on the Platform. All fees are non-refundable unless otherwise stated. Taxes may apply based on your jurisdiction and the seller's location.
8a. Listing Fees and Free Quotas. NexudeIT offers a generous free-listing allowance for every seller tier, after which a small per-category listing fee applies. Default quotas are 200 free listings for Regular sellers, 1,000 for Nova members, and 2,500 for Loyal Nova members. The admin may adjust these thresholds at any time via the Fees control panel; the live values are authoritative. Each new listing, relist after expiry, or restock after stock-out counts as one listing. Once a seller exhausts their quota, the configured per-category listing fee (as low as $0.10) is charged at listing creation. NexudeIT does not warehouse, handle, or fulfil seller inventory, and the listing fee is intentionally minimal.
8b. Founding Member Program. The first 500 sellers to enrol receive: (i) 0% listing fees for the duration of the program, and (ii) 0% NexudeIT platform fee on their first 500 transactions. Founding membership is automatically granted to the first 500 sellers who create their first listing and is non-transferable. The cap and benefits are admin-configurable; see the live Fees page for the current state.
8c. Tier-Gated Features. Certain advanced features (advanced analytics, bulk product manager, dynamic pricing rules, scheduled posts, detailed seller reports, AI copy enhancement, multi-store, custom domain, priority support) are limited or hidden for non-paid members and unlocked at the indicated Nova or Loyal Nova tier.
Escrow Protection: NexudeIT supports an optional escrow flow for eligible transactions. When escrow is active:
- The buyer's payment is authorised and held by the underlying payment processor (Stripe, PayPal, or Square) until delivery is confirmed
- NexudeIT does not hold customer funds in its own bank account; funds remain on the processor's ledger throughout the escrow period
- Funds are released to the seller automatically once delivery is confirmed, the return window expires, or NexudeIT resolves a dispute in the seller's favour
- If the buyer initiates a valid dispute or return within the policy window, escrowed funds may be partially or fully refunded
- NexudeIT acts as a neutral intermediary; it is not a bank, money transmitter, or fiduciary, and the legal relationship remains between the buyer, seller, and the payment processor
Multi-seller orders are split via Stripe Connect transfers (for connected sellers) or via internal wallet credits (for unconnected sellers). Transfer fees and processing fees are deducted from the seller's share.
Payouts to sellers are subject to the underlying processor's payout schedule, identity verification, and rolling reserves. NexudeIT does not control these timelines.
9. Returns and Refunds
Individual sellers set their own return policies, which are displayed on each product listing. Buyers should review the return policy before purchasing.
Free Returns: When a seller offers free returns, the buyer may return the item within the stated return window (e.g. 30 days from delivery) at no cost. Items must be in their original, unused condition with all tags and packaging intact.
Standard Returns: Where free returns are not offered, return shipping costs are the buyer's responsibility unless the item is defective, damaged, or materially different from the listing description.
Refund Process: Once a returned item is received and inspected by the seller, a refund will be issued to the original payment method. Refunds typically process within 5-10 business days. NexudeIT reserves the right to intervene and mediate return disputes at its discretion.
Non-Returnable Items: Certain categories of items (perishable goods, custom/personalised items, digital downloads, gift cards, and intimate apparel) may not be eligible for return unless they arrive defective.
9a. Digital Goods, Terms PDF, and Re-download
For listings with type Digital Good, sellers are strongly encouraged (and may be required by category) to attach a Terms PDF to each listing covering the licence, permitted use, refund policy, file format, and any setup requirements. When a seller does not attach their own PDF, NexudeIT supplies a generic Digital-Goods Terms (Default) document with the order; this is a fallback for legal completeness and does not replace seller-specific instructions.
Email delivery. The Terms PDF is attached to the order confirmation email by default. Sellers may disable the email attachment per listing — when disabled, the PDF is still available from the buyer's order page and the My Digital Goods section under their account dashboard.
Re-download. Every digital good a buyer purchases is permanently listed in My Digital Goods (Account → Dashboard → My Digital Goods). Buyers may re-download the file at any time, subject to the conditions below. Each download uses a short-lived signed URL when the platform is configured for cloud storage.
Expiration. A seller may set an expiration date on a digital listing. After the expiration timestamp, the file becomes unavailable for re-download. The buyer's account page displays the expiration date and the reason for unavailability.
Seller revocation. A seller may revoke access to a digital good (for example, when the file violates a third-party right or has a critical defect they are recalling). When access is revoked, NexudeIT requires the seller to provide a written reason which is shown to the buyer alongside the revoked record. Revocation does not automatically refund the buyer; refund eligibility follows §9 above.
Buyer obligations. Buyers may not redistribute, resell, or sub-license a downloaded digital good outside the seller's licence, and may not share the download link with third parties. Each download link is tied to the buyer's authenticated session.
9b. Shipping & Carriers
Seller-set shipping fees. Sellers configure their own shipping methods and fees from their dashboard (Account → Shipping). NexudeIT does not impose minimum or maximum prices. The full shipping fee paid by the buyer is passed through to the seller; NexudeIT charges 0% on shipping (no commission, no markup, no surcharge). The seller is solely responsible for any cost the carrier bills them directly.
Carrier accounts. Sellers may optionally link their own carrier accounts (USPS, UPS, FedEx, DHL, Canada Post, Royal Mail, EasyPost, Shippo, or other regional carriers) to enable live rate quoting and label printing. Credentials are encrypted at rest with AES-256-GCM. Use of a carrier's API is governed by that carrier's own terms; NexudeIT acts only as a relay and is not party to that agreement.
Tracking. Sellers must paste a valid tracking number into the order page within the handling window stated on each listing. Buyers receive a live tracking link and (where the carrier exposes webhook events) a status timeline. Failure to provide tracking after the handling window may result in the order being auto-cancelled and the buyer refunded from escrow.
Lost or damaged in transit. When a carrier loses or damages a parcel, the seller is responsible for filing a claim with that carrier. NexudeIT escrow holds the order's funds until the claim resolves. If the carrier or its insurance pays out, escrow follows the resolution; if the carrier denies the claim, NexudeIT applies our standard buyer-protection process to make the buyer whole, with the seller bearing the loss in cases of demonstrable seller negligence (insufficient packaging, wrong address, etc.).
Cross-border shipments. The buyer is responsible for any duties, taxes, or customs fees levied by the destination country unless the seller's listing expressly states otherwise. Sellers shipping internationally are responsible for accurate customs declarations.
10. Gifting
Buyers may mark items as gifts during purchase. When an item is marked as a gift:
- No pricing information will appear on the delivery slip or packaging
- A greeting message (up to 500 characters) may be included with the delivery
- Gift wrapping may be included where available
- The buyer remains the purchaser and account holder for all return and refund purposes
- The recipient of a gift may initiate an exchange but refunds will be issued to the original purchaser
NexudeIT is not responsible for the content of greeting messages. Messages containing offensive, threatening, or illegal content may be removed.
11. Negotiations and Messaging
The Platform provides messaging tools that allow buyers and sellers to communicate regarding product inquiries, order issues, negotiations, and support.
- All messages exchanged through the Platform may be monitored for safety, compliance, and dispute resolution purposes
- Users must not use messaging to conduct transactions outside the Platform, share personal contact information to circumvent fees, or engage in harassment, spam, or unsolicited commercial messages
- Price negotiations between buyers and sellers are permitted where the seller has enabled this feature; however, any agreed price must be formalised through the Platform's checkout process
- NexudeIT is not a party to negotiations and does not guarantee that any offer or counter-offer will be accepted
12. Coupons, Promotions, and Discounts
Sellers may create coupons, flash sales, bundle deals, and other promotional offers on their listings. The following terms apply:
- Coupons are subject to their stated terms, including expiration dates, minimum order amounts, per-user limits, and applicable product restrictions
- Coupons marked as "stackable" may be combined with other promotions; non-stackable coupons cannot
- First-order-only coupons are valid for a buyer's first purchase from the issuing store only
- NexudeIT reserves the right to void coupons that are obtained fraudulently, shared in violation of their intended use, or exploited through automated means
- Sellers are solely responsible for honouring promotions they create; NexudeIT does not subsidise seller-created discounts
- NexudeIT may offer platform-wide promotions at its discretion, which are governed by their own terms and conditions
- Timed deals and one-of-a-kind listings are not reserved in your cart. Adding an item to your cart does not remove it from sale. If a timed deal expires, stock sells out, or a unique listing is purchased by another user, the price and availability in your cart will update accordingly at checkout. NexudeIT is not liable for availability changes between the time you add an item and the time you complete checkout
12a. Cart Reminders and Advertising Placements
NexudeIT provides cart-abandonment reminders to help you finish transactions you have started. These reminders may appear as on-site or in-app banners and, for signed-in users who have opted in, as emails. The following terms apply:
- Reminders are enabled by default as a service feature. You may disable them at any time in Account → Settings → Email preferences. Disabling cart reminders also disables cart reminder emails
- Reminders are rate-limited: a banner will not repeat within a 30-minute session, a dismissal lasts 24 hours, and reminder emails are sent at most once per 24 hours per cart
- Reminders may highlight items flagged as selling fast, ending soon, or one-of-a-kind. These flags reflect the product state at the time the reminder is generated and do not constitute a guarantee of price or availability
- Sponsored placements. Cart reminders may include clearly labelled sponsored content from NexudeIT advertisers. Sponsored placements are part of the advertising bundle purchased by sellers and are surfaced algorithmically without targeting based on your cart contents, purchase history, or identity
- Advertiser value varies with opt-outs. Sellers purchasing cart-reminder placements acknowledge that their reach depends on how many users have allowed promotional content in their preferences; users who have opted out of promotional offers will not see sponsored slots inside their reminders. No refund or guaranteed impression count is owed based on opt-out rates. Pricing and inventory for advertising placements are governed by the separate Advertising Terms agreed at campaign creation
- NexudeIT does not sell, rent, or otherwise disclose your identity, cart contents, or browsing history to advertisers. Advertisers see only aggregate impression and click counts for their campaigns
13. Order Confirmation and Contract Formation
Placing an order on the Platform constitutes an offer to purchase. The contract of sale is not complete until the buyer receives notification that the order has been shipped by the seller.
Upon order placement, a receipt with all transaction details will be emailed to the buyer as acknowledgement of the order. This receipt does not constitute acceptance of the offer. The seller reserves the right to reject or cancel orders due to stock availability, pricing errors, or suspected fraud.
14. Intellectual Property and DMCA Notices
All content on the Platform, including logos, design, text, and software, is the property of NexudeIT or its licensors and is protected by intellectual property laws. Sellers retain ownership of their product content but grant NexudeIT a non-exclusive license to display and promote their listings on the Platform. QR codes generated by the Platform may include seller logos, store logos, or product images in the center for branding purposes. By uploading a logo or product image, you consent to its use in QR codes generated for sharing and promotional purposes.
DMCA Takedown Procedure: NexudeIT respects intellectual property rights and complies with the U.S. Digital Millennium Copyright Act (DMCA) and equivalent laws in other jurisdictions. If you believe content on the Platform infringes your copyright, send a written notice to [email protected] containing:
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that is claimed to be infringing, including the URL or other location on the Platform
- Your contact information (name, address, telephone number, email)
- A statement that you have a good faith belief the disputed use is not authorised by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf
- Your physical or electronic signature
Counter-Notice: If you believe content of yours was removed in error, you may submit a counter-notice to [email protected] containing the elements required by 17 U.S.C. § 512(g)(3).
Repeat Infringer Policy: NexudeIT will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights. Repeated DMCA violations may result in a permanent platform ban.
14a. Trademarks and Brand Assets
Protected marks. "NexudeIT", "Nexude", "Nova", the NexudeIT compass/atom logo, and related brand assets (collectively, the "Marks") are trademarks of NexudeIT and its owner. The Marks have been in continuous use in commerce since 2026, and all rights — including common-law trademark rights arising from that use — are expressly reserved. Where a mark is followed by "™", it is claimed as an unregistered trademark. Where it is followed by "®", it is a registered trademark in the indicated jurisdiction. Absence of a symbol does not imply absence of rights.
Prohibited uses. Without NexudeIT's prior written permission, you may not:
- Use any of the Marks — or any confusingly similar word, phrase, logo, colour scheme, or combination thereof — in your store name, username, display name, handle, domain name, subdomain, email address, ad copy, meta tags, hashtags, search-engine keywords, or any customer-facing surface
- Register or attempt to register any trademark, domain name, social-media handle, or corporate name that incorporates or is confusingly similar to any of the Marks (including typosquatting variants such as "Nexud", "Nexxude", "Nexudel", "NexudeIT-anything", or "Nexude.tld")
- Use the Marks in a way that implies endorsement, sponsorship, partnership, affiliation, certification, or official status that does not exist
- Reproduce, modify, recolour, stretch, crop, or re-combine the NexudeIT logo; use any unauthorised version of the logo; or use the logo as part of another logo
- Use the Marks in connection with goods or services that are competing with, disparaging of, or reasonably likely to cause confusion with NexudeIT
- Use the Marks in a manner that dilutes, tarnishes, or otherwise harms the goodwill associated with them
Permitted fair use. You may (a) identify NexudeIT factually in news, reviews, commentary, reporting, and interoperability contexts (e.g., "listed on NexudeIT", "works with NexudeIT"); (b) use unmodified screenshots that incidentally include the Marks; and (c) link to the Platform using a plain text or the unmodified official logo obtained from a brand-assets page supplied by NexudeIT. Any such use must not imply endorsement or affiliation.
Reporting infringement. To report unauthorised use of the Marks or to request a licence, contact [email protected]. NexudeIT will act on credible reports and may, at its discretion, require the infringing store or listing to be renamed, delisted, or the account suspended or terminated.
Brand-asset licences. Press, media, integration partners, and resellers may request a limited brand-asset licence by emailing [email protected]. Licences are non-exclusive, non-transferable, revocable at any time, and subject to written brand guidelines.
Equitable relief. You acknowledge that misuse of the Marks causes irreparable harm for which monetary damages alone are an inadequate remedy, and that NexudeIT is entitled to seek injunctive and other equitable relief in any court of competent jurisdiction to protect the Marks, without having to post bond and in addition to any other remedies available at law.
15. User Content and Conduct
You are responsible for content you post on the Platform, including reviews, messages, and community posts. You agree not to post content that is false, defamatory, harassing, discriminatory, or that infringes on the rights of others. NexudeIT reserves the right to remove content and suspend accounts that violate these standards.
15a. Acceptable Use and Prohibited Activities
In addition to the general conduct standards in Section 15, you agree not to, and not to authorise, encourage, or enable anyone else to:
- Automated access / scraping: access, crawl, index, cache, scrape, harvest, or data-mine any part of the Platform using automated tools, headless browsers, scripts, bots, spiders, or similar means, except for (i) public search-engine crawlers obeying
robots.txtor (ii) documented NexudeIT APIs used under their own terms. Use of Platform content for the training, fine-tuning, evaluation, or benchmarking of automated systems is expressly prohibited without a written data-licensing agreement - Reverse engineering: reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, weights, or algorithms from the Platform, its client applications, or its APIs, except to the minimum extent allowed by applicable law
- Circumvention: bypass, disable, or attempt to circumvent any rate limit, CAPTCHA, authentication, paywall, geofence, content moderation, fraud-prevention, or access-control mechanism
- Manipulation: manipulate auction outcomes, reviews, ratings, trending signals, search rankings, follower counts, or any other algorithmic output through shill bidding, fake accounts, vote stacking, click fraud, coordinated engagement, or similar schemes
- Multiple accounts: create additional accounts to evade suspension, bans, limits, first-order promotions, or any action taken against you; accounts found to be linked in this manner may all be terminated
- Impersonation: impersonate any person, business, or entity (including NexudeIT staff), misrepresent your affiliation, or forge headers/metadata
- Malicious code: upload or transmit viruses, worms, Trojans, ransomware, cryptominers, keyloggers, rootkits, or any code designed to damage, interfere with, or surreptitiously intercept any system or data
- Overloading: conduct load-testing, stress-testing, or denial-of-service activity against the Platform without prior written authorisation
- Vulnerability testing: perform security research, penetration testing, or vulnerability scans against the Platform without following NexudeIT's responsible-disclosure policy (contact [email protected])
- Unlawful activity: use the Platform for any unlawful purpose, including sale of prohibited items, money laundering, tax evasion, stalking, sextortion, CSAM, trafficking, or terrorism financing
- Framing / masking: frame, mirror, deep-link, or display Platform pages inside another site in a way that obscures the source or inserts advertising not authorised by NexudeIT
- Resale of access: sell, rent, or provide paid access to your account, your Platform session, or Platform data to third parties
Violations may result in listing removal, account suspension or termination, fee forfeiture, IP address bans, referral to law-enforcement, and civil action for damages and injunctive relief. Each unauthorised automated request, scraped record, or circumvention event is a separate breach.
15b. Licence You Grant to NexudeIT in Your Content
You retain ownership of the content you submit to the Platform (listings, product photos, descriptions, reviews, ratings, messages, avatars, store assets, community posts, feedback, and similar user-generated material, collectively "User Content"). To operate the Platform, you grant NexudeIT a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to host, store, cache, reproduce, reformat, resize, transcode, translate, excerpt, create derivative works of (solely for formatting, indexing, accessibility, and thumbnailing), publicly display, publicly perform, and distribute your User Content for the purpose of:
- Operating, maintaining, and improving the Platform and its features
- Displaying your listings, store, and profile to other users
- Generating thumbnails, previews, QR codes, meta-images, and search indexes
- Promoting the Platform and your public content in marketing, social media, press, and advertising (subject to any opt-outs you set in your account)
- Providing customer support, dispute resolution, and trust-and-safety enforcement
You warrant that (a) you own or have all necessary rights to your User Content, including the rights of any third parties depicted; (b) your User Content does not infringe any intellectual-property, publicity, privacy, or contractual right; and (c) the licence you grant here is sufficient for NexudeIT to operate the Platform without further consent from anyone.
The licence survives deletion of individual content for a commercially reasonable period (to purge caches, CDNs, and backups) and, for User Content already used in NexudeIT marketing published before deletion, for the life of that marketing. Aggregated, anonymised, or statistical derivatives do not constitute User Content and may be retained indefinitely.
Feedback. Any suggestions, ideas, or feature requests you send to NexudeIT ("Feedback") are non-confidential; you grant NexudeIT a perpetual, irrevocable, royalty-free licence to use them without attribution or compensation.
16. Content Moderation and Safety Monitoring
NexudeIT employs automated and manual content moderation systems to maintain a safe environment. By using the Platform, you acknowledge and agree to the following:
- Automated Scanning: All messages, comments, reviews, live chat, and user-generated content may be periodically scanned by automated systems for patterns indicating potential criminal activity, threats of violence, self-harm or suicidal ideation, exploitation, fraud, illegal trade, harassment, or emergency distress situations
- Escalation and Suspension: Content flagged by the safety system may be automatically escalated to NexudeIT administrators for review. In cases of critical severity, the associated interaction (chat thread, live session, review, or listing) may be temporarily suspended pending investigation
- Moderator System: Store owners, cluster group administrators, and live auction hosts may appoint moderators to oversee user interactions within their spaces. Moderators may blur, replace, or delete comments and reviews deemed inappropriate, and may issue temporary or permanent bans at multiple levels (comment restrictions, viewing restrictions, or full platform bans)
- Ban and Appeal System: Users may be banned from commenting (Level 1), commenting and viewing (Level 2), or the Platform entirely (Level 3). Bans may be temporary (timeouts or timed) or permanent. All bans may be appealed: Level 1 and 2 bans are reviewed by the relevant moderator or content owner; Level 3 bans are reviewed exclusively by NexudeIT administrators
- Audit Trail: All moderation actions — including content modifications, bans, appeals, and safety escalations — are logged with full details including timestamps, the moderator involved, the action taken, and the reason provided. These records are retained for compliance and dispute resolution purposes
- False Positives: Automated detection systems may occasionally flag content incorrectly. NexudeIT commits to reviewing escalated content promptly and lifting any erroneous suspensions. Users may contact support if they believe their content was incorrectly flagged or their account was incorrectly restricted
NexudeIT may report suspected criminal activity, imminent threats, or child exploitation material to relevant law enforcement authorities as required by law or deemed necessary for user safety.
16a. Cluster Forums (Community Clusters)
Clusters are member-operated forum spaces organised by category (General, Stores, Auctions, Trading, Looking For) and tagged by topic. Clusters combine discussion threads, membership access rules, and member-level moderation. By creating, joining, or participating in a cluster you agree to the following in addition to the general Acceptable Use rules in Section 15a:
- Category Accuracy: Clusters must be created in the category that matches their actual subject matter. The listing-category strike system in Section 6 applies equally to clusters. Deliberately mis-categorised clusters (for example, a sales-funnel cluster placed under "General" to evade marketplace rules) will be removed and a strike issued against the creator.
- Tags: Each cluster may carry up to 10 public tags. Tags must describe the actual topic of the cluster and must not contain profanity, slurs, trademarks you do not own, or deceptive search-farming terms.
- Access Types: Clusters may be free, paid (one-time join fee), password-protected, or invite-only. Owners of paid clusters are responsible for delivering the value advertised at sign-up. Refund obligations for paid cluster membership follow the same framework described in Section 9 (Returns and Refunds) applied to digital-access purchases.
- Cluster Roles: Every cluster has an Owner (the creator). The Owner may designate Leaders (full moderation authority except for role changes), Moderators (can pin, lock, hide, and delete content), and Members (can post, reply, and report).
- Threads and Posts: Only cluster members may create threads or reply to posts. Locked threads accept no new replies (except from Moderators, Leaders, or the Owner). Authors may edit or delete their own posts at any time; edits are timestamped.
- Moderator Actions — Pin, Lock, Hide, Delete: Moderators, Leaders, and Owners may pin threads to the top of the cluster, lock threads to prevent further replies, hide posts that breach cluster or Platform rules, or delete content outright. Hidden content remains auditable by NexudeIT administrators for compliance review.
- Reports and Review Workflow: Any member may report a thread, post, or other member using the Report button. Reports include a reason and optional details and are private — the reported party is not notified of the reporter's identity. Cluster Owners and Leaders review reports from the Moderation tab and may mark each report as Resolved (action taken) or Dismissed (no violation). All reports, reviews, and resulting actions are logged with timestamps and retained for audit purposes as described in Section 16.
- Escalation to NexudeIT: If a cluster Owner or Leader fails to act on a credible report within a reasonable timeframe, or if the reported content relates to threats of violence, child safety, illegal trade, or other severe violations, the report may be escalated to NexudeIT administrators for direct action. NexudeIT reserves the right to remove cluster content, suspend cluster operation, or transfer/delete a cluster at its sole discretion in such cases.
- Removal and Bans: Owners and Leaders may remove (kick) any member from a cluster other than the Owner. Leaders may not remove other Leaders. Removed members may not rejoin without a new invitation or approved join request. Cluster-level removal does not affect the user's standing on the wider Platform unless escalated to administrators.
- Prohibited Cluster Content: In addition to the site-wide prohibitions in Section 15a, clusters must not be used to: (a) coordinate bid manipulation, shill-bidding, or auction rigging; (b) facilitate off-platform payments that circumvent NexudeIT's escrow or fee structures; (c) distribute cracked software, leaked private data, or counterfeit goods; (d) organise harassment campaigns against other users; or (e) recruit for illegal trading, trafficking, or exploitation.
- Data Inside Clusters: Posts, replies, screening answers, and join requests are visible to cluster members and Moderators as appropriate. By posting in a cluster you acknowledge that this content is not private to you and may be retained for audit and compliance purposes even after you leave the cluster or delete individual posts. Deletion sets content status to "deleted" but retains audit metadata.
16b. Local Same-day Delivery
Service status. The NexudeIT Courier Service (Sections 16c and 16c-i) is currently in a coming-soon state and is not yet active in v1. Visitors and sellers can register their interest at /couriers and will be emailed when the service launches in their area. Until launch, the local-delivery options described below apply only where the seller chooses to self-deliver or has wired their own third-party courier outside NexudeIT.
Sellers may offer same-day local delivery to buyers located within a published delivery radius around the store's pickup address. When enabled, the buyer can opt in at checkout for an additional delivery fee set by the seller. The following terms apply:
- Delivery modes. Local delivery may be fulfilled in one of three modes: (a) the seller self-delivers, (b) a NexudeIT delivery-network partner is dispatched (see Section 16c), or (c) a third-party courier integration (planned and not yet active in v1). The mode used is shown to the buyer before they confirm the order.
- Same-day cutoff. Each store sets a daily cutoff hour. Orders placed before the cutoff are delivered on the same calendar day; orders placed after the cutoff are delivered the next day. Sellers must publish their cutoff accurately and honour it.
- Fees and payouts. The local-delivery fee is set by the seller and shown to the buyer at checkout. For NexudeIT-network mode, NexudeIT retains a small platform cut from the fee and the remainder — together with 100% of any tip the buyer adds — is paid to the dispatched partner under Section 16c. For seller-self-delivery, the full fee (less standard processing) is paid to the seller.
- Accuracy of zone and fee. Sellers are responsible for keeping the published delivery radius, cutoff hour, and fee accurate. NexudeIT may suspend a store's local-delivery privileges for repeated cancellations, deliveries outside the published zone, or other patterns that harm buyers.
- Refunds and disputes. Buyer disputes about a locally-delivered order follow the same framework set out in Section 9 (Returns and Refunds). The local-delivery fee itself is non-refundable once a partner has been dispatched, except where the failure is attributable to the seller or partner (e.g. wrong item delivered, partner no-show, item arrives damaged in transit).
- Liability. NexudeIT facilitates local delivery as a connector and is not the carrier of record. Liability for goods in transit follows the mode used: self-delivery liability rests with the seller, network-partner liability is governed by Section 16c, and third-party-courier liability is governed by that courier's terms.
16c. Delivery Partners (NexudeIT Delivery Network)
Users may apply at /couriers/apply to become NexudeIT delivery partners ("couriers"). Couriers are independent contractors and not employees, agents, or franchisees of NexudeIT. Couriers provide their own vehicle, fuel, insurance, and any operating equipment. The following terms apply:
- Application requirements. Applicants must submit their legal name, contact email, vehicle type, driver's licence (where required for the chosen vehicle type), and the geographic area they wish to cover. Submitting false or misleading information is grounds for immediate rejection or termination.
- Review and approval. NexudeIT reviews each application and may approve, request additional information, or decline at its sole discretion. Background checks, identity verification (KYC), and vehicle/insurance documentation may be required at NexudeIT's discretion before or after approval.
- Earnings. A partner's earnings on each delivery equal the local-delivery fee paid by the buyer minus the NexudeIT platform cut described in Section 16b, plus 100% of any tip the buyer chooses to add. Tips are voluntary, set by the buyer, and paid through to the partner without deduction.
- Conduct. Partners agree to: pick up and deliver within reasonable timeframes communicated in-app; treat buyers, sellers, and members of the public courteously; comply with all traffic, vehicle, and licensing laws in the jurisdiction of operation; and not solicit buyers or sellers for off-platform delivery work, paid tips outside the app, or competing services.
- Cancellations and complaints. Repeated cancellations, late deliveries, customer complaints, undelivered items, or other policy violations may result in temporary suspension or permanent retirement of the partner from the network. NexudeIT's decision in these matters is final, subject to appeal under Section 16.
- Tax and benefits. Because partners are independent contractors, NexudeIT does not withhold income tax, provide employment benefits, or pay employer-side contributions. Partners are responsible for declaring their earnings and complying with self-employment tax rules in their jurisdiction.
- Insurance. Partners must carry any vehicle insurance and, where applicable, commercial-use or rideshare/delivery endorsements required by their jurisdiction. NexudeIT does not provide partner insurance in v1.
16c-i. Courier Job Marketplace
In addition to seller-initiated local delivery (Section 16b), any logged-in user may post a stand-alone courier job at /couriers/post — for example, to have a package picked up from a NexudeIT store, a personal address, or a third-party location and delivered to a chosen dropoff address. Approved couriers see open jobs sorted by distance from their registered base and may claim them on a first-come-first-served basis. The following terms apply:
- Posting a job. The poster sets the pickup address, dropoff address, an optional package description and weight, the offered fee, an optional deadline, and a contact phone. Once a courier claims the job, the contact phone is shared with that courier so they can coordinate pickup. The poster is responsible for ensuring the package is legal, safe to transport, and ready at the stated pickup window.
- Prohibited items. Couriers may not be hired to transport: items prohibited under Section 5 or 15a (counterfeits, weapons, controlled substances, hazardous materials, stolen property, child-exploitation material), live animals (other than where law and the courier's vehicle/handling permit), human remains, or items requiring a regulated chain of custody (e.g. firearms in many jurisdictions, certain pharmaceuticals). Posting a prohibited job is grounds for immediate account suspension and may trigger Section 6 strike escalation.
- Claim is binding. When a courier claims a job, the courier commits to attempting pickup within a reasonable time. Repeated unclaiming, no-shows, or abandonment after claim count as Section 16c "cancellations" and may lead to suspension or retirement.
- Fees and earnings. Posters pay the fee they set at posting time. NexudeIT keeps the same platform cut described in Section 16b; the courier keeps the rest plus 100% of any tip the poster chooses to add on completion. Payment routing through NexudeIT escrow ships in a later session; until then, fee settlement may be handled directly between the parties under the same independent-contractor framework.
- NexudeIT is not the carrier. NexudeIT operates the marketplace that connects posters and couriers. NexudeIT is not the carrier, freight forwarder, or insurer of any package, and is not liable for loss, delay, theft, damage, or misdelivery. Liability between poster and courier follows ordinary law in the courier's jurisdiction. Posters are encouraged to insure high-value packages independently.
- Cancellations by the poster. The poster may cancel a job while it is still
openat no cost. Cancelling after a courier has claimed the job and dispatched themselves to pickup may obligate the poster to pay a partial fee — this is enforced through NexudeIT's dispute channel and may affect future posting privileges. - Communication and conduct. Posters and couriers must communicate professionally, respect privacy, and avoid harassment. All in-app messages relating to a job are subject to Section 16 (Content Moderation) and may be reviewed by NexudeIT in the event of a dispute or safety report.
16d. Service Listings (Trade Marketplace)
NexudeIT supports a listing type for skilled-trade professionals ("service listings") covering categories such as solar repair, EV install, accessibility retrofits, smart-home debug, plumbing, electrical, HVAC, and similar services (collectively, "Trade Pros"). The following terms apply:
- Listing contents. A service listing advertises the Trade Pro's hourly rate (or quote-based pricing), service-area radius, credentials (licences, certifications, insurance), and a portfolio of past work. Buyers see this information before contacting the pro.
- Accuracy of credentials. Trade Pros must accurately represent their licences, certifications, and insurance status. Misrepresentation — including expired licences, fictitious certifications, or false insurance claims — results in immediate listing removal and may trigger a strike under Section 6's escalation policy, up to and including a permanent platform ban.
- Quotes, bookings, and escrow. When the structured quote and booking flow ships, payments may be routed through NexudeIT escrow under Section 8. Funds are released to the Trade Pro on completion of the agreed scope or per agreed milestones, subject to the buyer's acceptance and the dispute process.
- NexudeIT is not the employer or contractor. NexudeIT does not directly employ, supervise, or guarantee the work of Trade Pros. The contract for the service is between the buyer and the Trade Pro. NexudeIT is not liable for the quality, safety, timeliness, or legality of work performed by Trade Pros.
- Disputes and refunds. NexudeIT provides a dispute channel for service work and may, at its discretion, issue refunds or release escrowed funds based on documented evidence of failure (e.g. work not performed, work performed materially below the agreed scope, damage caused on site). Section 9 (Returns and Refunds) applies to service disputes by analogy where it is consistent with the nature of the service.
- Buyer due diligence. Buyers should independently verify a Trade Pro's licences and insurance in their own jurisdiction before hiring, particularly for regulated trades (electrical, plumbing, gas, HVAC). NexudeIT surfaces credentials supplied by the pro but does not independently verify them in v1, except where flagged for moderation review.
- Off-platform circumvention. Trade Pros and buyers must not use NexudeIT to discover each other and then complete the booking off-platform to avoid fees, escrow, or moderation. This is a violation of Sections 11 and 15a and may result in suspension.
17. Data Encryption
NexudeIT encrypts sensitive user data and communications using industry-standard AES-256-GCM encryption. This includes:
- Private messages between buyers and sellers
- Personal identifiable information (PII) such as email addresses, phone numbers, and physical addresses
- Flagged content stored for safety review
- Payment-related communications (full payment processing is handled by Stripe under their security standards)
Encryption keys are managed securely and are separate from stored data. In the event of a data breach, encrypted data remains unreadable without the corresponding decryption key. Users are responsible for setting a strong account password and keeping their credentials secure.
18. Privacy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
19. Limitation of Liability
To the maximum extent permitted by law, NexudeIT is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including loss of profits, data, or goodwill. Our total liability shall not exceed the fees you paid to NexudeIT in the twelve months preceding the claim.
20. Disclaimer of Warranties
The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. NexudeIT does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
21. Indemnification
You agree to indemnify and hold harmless NexudeIT, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.
22. Termination
We may suspend or terminate your access to the Platform at any time for any reason, including violation of these Terms. Upon termination, your right to use the Platform ceases immediately.
Survival. The following provisions survive termination or expiration of these Terms, for so long as any claim may be asserted: Sections 8 (Payments), 9 (Returns), 14 (Intellectual Property), 14a (Trademarks), 15b (User Content Licence), 17 (Data Encryption), 18 (Privacy), 19 (Limitation of Liability), 20 (Disclaimer), 21 (Indemnification), 22a (Non-Transferability), 24 (Governing Law), and 30-30f (general provisions).
22a. Account Non-Transferability
Accounts are personal to the registered user and are not transferable. You may not sell, rent, lease, gift, assign, pledge, or otherwise convey your account, your credentials, your store ownership, or any rights under these Terms to another person without NexudeIT's prior written consent. Shared accounts are prohibited — each human user must register separately.
Store transfers. Transfer of store ownership (including the store URL, seller rating, Founder Award, and follower list) requires (a) written consent from the current owner, (b) identity verification of the proposed new owner, and (c) NexudeIT approval. NexudeIT may refuse or reverse any transfer that appears to circumvent these Terms, defraud buyers, or facilitate fee or rating laundering. See Section 25 for the specific, narrower rules governing Founder Award transfers.
On death or incapacity. An estate representative may request account handover by emailing [email protected] with documentation (death certificate, letters of administration, or equivalent). NexudeIT will act in accordance with applicable law, including any post-mortem privacy protections for the deceased user's messages and private data.
23. Platform Rights and Service Modifications
NexudeIT reserves the right, at its sole discretion, to:
- Modify, suspend, or discontinue any part of the Platform, including features, services, pricing models, or fee structures, at any time without prior notice
- Set and enforce limits on usage, storage, bandwidth, or any other aspect of the Platform
- Remove, restrict, or refuse any content, listing, store, or account that violates these Terms or that NexudeIT deems inappropriate, fraudulent, or harmful to the business
- Adjust commission rates, seller fees, listing fees, and any other fees charged through the Platform
- Withhold, delay, or reverse payments where NexudeIT suspects fraud, policy violations, or disputes
- Implement new features, beta programs, or changes to existing functionality without obligation to maintain backwards compatibility
- Modify, replace, or update the Platform's branding, including but not limited to its name, logo, colour scheme, and visual identity, at any time and at its sole discretion. The current NexudeIT logo is temporary and subject to change without notice
- Use aggregated, anonymised user data and Platform usage metrics for analytics, reporting, and business improvement purposes
NexudeIT shall not be liable for any loss, damage, or inconvenience caused by any such modifications or enforcement actions.
24. Governing Law and Venue
These Terms, and any dispute arising out of or relating to them or to your use of the Platform, are governed by the laws of the United States of America and the state of NexudeIT's principal place of business (the "Home Jurisdiction"), without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Venue. Subject to Section 30a (Dispute Resolution), any suit, action, or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the Home Jurisdiction, and you irrevocably consent to the personal jurisdiction and venue of those courts.
Jury-trial waiver. To the maximum extent permitted by law, each party waives any right to a jury trial for any claim arising out of or relating to these Terms or the Platform.
Equitable relief. Nothing in this section limits NexudeIT's right to seek injunctive, preliminary, or other equitable relief in any court of competent jurisdiction anywhere in the world to prevent actual or threatened infringement of the Marks (Section 14a), misuse of User Content licensed to NexudeIT, breach of confidentiality, or violation of Section 15a (Acceptable Use).
Consumer protections. If you are a consumer resident in the European Union, United Kingdom, or another jurisdiction whose law grants mandatory consumer-protection rights, nothing in these Terms limits those mandatory rights, and you may bring proceedings in the courts of your country of residence in the cases that applicable law requires.
25. Founder Award
The Founder Award is granted to early Nova Premium members and may be transferred to another user under the following conditions:
- A Founder may transfer their award (including the Founder number, badge, and zero listing fees) to any registered NexudeIT user who is not already a Founder
- Transfers are permanent and irreversible. Once transferred, the original holder loses all Founder benefits immediately
- The recipient receives all Founder benefits upon transfer, including the permanent Founder badge and zero listing fees for life
- Founders may not sell, auction, or otherwise exchange the Founder Award for monetary compensation. NexudeIT reserves the right to revoke the award if such activity is detected
- NexudeIT administrators may grant or revoke Founder Awards at their sole discretion
- The Founder Award does not guarantee any specific monetary benefit and NexudeIT reserves the right to modify Founder benefits at any time
26. Invitations
Users may invite friends to join NexudeIT via email or shareable invite link. By using the invite feature you agree to the following:
- Invites are voluntary. Recipients are not added to any mailing list and will only receive a single invitation email per invite action
- You may send up to 20 invites per day. This limit resets every 24 hours
- You must not use the invite system to send unsolicited bulk messages, spam, or misleading content. Abuse may result in suspension or termination of your account
- Invite links expire when accepted by the recipient. Unused links remain valid indefinitely but may be invalidated by NexudeIT at any time
- Invitations do not carry referral rewards. The referral code programme is a separate system available to eligible users
- NexudeIT reserves the right to modify, limit, or discontinue the invite feature at any time without notice
27. Contact Syncing
NexudeIT offers optional contact syncing to help you invite friends. By using this feature you acknowledge and agree to the following:
- Contact data is provided voluntarily by you via the Contact Picker API (on supported mobile browsers) or through manual entry. NexudeIT does not access your address book without your explicit selection
- All personally identifiable information (names, email addresses, phone numbers) is encrypted with AES-256-GCM before storage. NexudeIT staff cannot read your raw contact data
- NexudeIT will not use synced contacts for marketing, advertising, or any other purpose without your explicit action (i.e. you must click "Invite" to trigger an email)
- You may delete any or all synced contacts at any time from your dashboard. Deleted contacts are permanently removed from our servers
- NexudeIT does not sell, rent, or share your contact data with third parties under any circumstances
- You represent that you have the right to share the contact information you provide and that doing so does not violate any applicable law or the rights of the individuals whose data you submit
28. Location Data and Registration Analytics
When you create an account on NexudeIT, the following information is collected and stored for security, analytics, and fraud prevention purposes:
- Your IP address at the time of registration
- Approximate geographic location (country, region/state, city) derived from your IP address via a third-party geolocation service
- Whether your connection was detected as originating from a VPN, proxy, or datacenter IP
- Your browser user-agent string
This data is used by NexudeIT administrators to monitor platform growth, detect fraudulent registrations, enforce geographic restrictions where applicable, and maintain platform security. Location data is not shared with third parties and is not used for targeted advertising. VPN detection does not block registration but may trigger additional verification steps (e.g. CAPTCHA). You may request deletion of this data at any time by contacting support.
29. Optional and Experimental Features
NexudeIT may offer optional or experimental features that are gated by administrator-controlled toggles. These features are launched, paused, or removed at NexudeIT's sole discretion and include (but are not limited to):
- Try-Before-Buy (Rentals): Sellers may list selected items as rent-to-own. Rental fees paid count partially toward the purchase price if the buyer chooses to convert. Rental terms (duration, fees, credit percentage) are set per listing by the seller. Damage, loss, or non-return is the renter's responsibility
- Local Pickup Network: Buyers may opt to collect orders at verified pickup locations (partner cafes, lockers, hubs) instead of shipping. A unique QR code is generated and must be presented at pickup. NexudeIT is not liable for items left unclaimed beyond the location's holding period
- Seller Mentorship: Established sellers may opt in as mentors and earn a revenue share on their mentee's first $1,000 of sales. Mentees may request a mentor; mentors may accept or decline. Both parties agree that mentorship is informal advice and not professional/legal/financial counsel
- Video-First Listings (Discover): Sellers may upload short vertical videos showcasing their products. Videos are subject to NexudeIT's content moderation policy (Section 16). Sellers grant NexudeIT a non-exclusive license to display, promote, and embed their video content across the Platform
- Listing Templates Marketplace: Sellers may sell or buy listing templates (title/description/tag layouts). NexudeIT does not warrant the conversion performance of any template
- Community Jury Dispute Resolution: Eligible high-reputation users may opt in to serve on randomized juries that vote on order disputes exceeding a threshold amount. Jurors receive a small reward per vote. Jury verdicts are advisory; NexudeIT administrators retain final decision authority
- Buyer Loyalty Tiers: Buyers automatically progress through Bronze, Silver, Gold, and Diamond tiers based on lifetime spend. Tier perks are subject to change at NexudeIT's discretion and do not constitute a guaranteed entitlement
- Price History & Alerts: NexudeIT may track historical prices on listings and allow buyers to set notification thresholds. Historical data is informational only and does not guarantee future pricing
- Carbon / Sustainability Score: NexudeIT publishes estimated carbon footprint data on listings using third-party reference data. Estimates are for informational purposes only and are not audited environmental claims
- Affiliate Program: Users may join the affiliate program and earn commission on referred purchases. Commission rates and tier benefits are set by NexudeIT and subject to change. Self-referrals, fraudulent clicks, and incentivised traffic are prohibited and result in forfeiture of earnings
- NFC/QR Authenticity Tags: Sellers may issue authenticity tags for luxury or collectible items. Tag verification is provided as a service to track chain of custody but does not constitute a NexudeIT-issued certificate of authenticity
- Pop-up Stores: Sellers may launch time-limited storefronts with optional paid promotion tiers (charged via Stripe). Paid tiers are non-refundable once activated
- Accessibility Themes: NexudeIT provides colorblind-friendly themes (Deuteranopia, Protanopia, Tritanopia) and a High Contrast theme to improve visual accessibility. Themes are based on the Wong colorblind-safe palette and IBM accessibility guidelines. Selecting a theme is voluntary and persists across devices via your account preferences
- Digital Agreements: Users may create binding digital agreements for purchases, auctions, trades, services, and NDAs. Every agreement automatically includes an anti-fraud clause prohibiting counterfeiting, misrepresentation, bait-and-switch, and swindling. Both parties must digitally sign to activate. Signed agreements create a timestamped, non-editable record that can be used as evidence in disputes. Breach of an agreement may result in account suspension, forfeiture of escrow funds, and referral to law enforcement. NexudeIT does not provide legal advice and recommends consulting a lawyer for high-value transactions
- Email and Phone Verification: NexudeIT may require or optionally provide email and phone number verification. These features are controlled by platform administrators and may be temporarily disabled (e.g. during provider migration). When disabled, accounts are created without verification but may be subject to reduced trust levels or functionality
NexudeIT reserves the right to enable, disable, modify, or remove any optional feature at any time without prior notice. Use of these features is at your own risk. NexudeIT's liability for any losses arising from optional features is governed by Section 19 (Limitation of Liability).
30. Entire Agreement and Severability
These Terms, together with the Privacy Policy and any additional agreements you enter into with NexudeIT, constitute the entire agreement between you and NexudeIT regarding your use of the Platform. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
30a. Dispute Resolution, Binding Arbitration, and Class-Action Waiver
Informal resolution. Before filing a claim, you agree to first contact NexudeIT at [email protected] and make a good-faith effort to resolve the dispute for at least thirty (30) days.
Binding arbitration. Except for (a) claims that qualify for small-claims court in the Home Jurisdiction, (b) claims for injunctive or equitable relief under Section 14a or 15a, and (c) any dispute in which mandatory law of your country of residence prohibits waiver of access to court, you and NexudeIT agree that all disputes arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and will take place in the Home Jurisdiction (or remotely, at your option). The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.
Class-action waiver. To the maximum extent permitted by law, you and NexudeIT each waive any right to pursue disputes on a class, collective, consolidated, or representative basis. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If this waiver is found unenforceable, the entire arbitration clause is void, and disputes will be resolved in court under Section 24, but the waiver remains in force for all other claims.
Opt-out. You may opt out of this arbitration clause by emailing [email protected] within thirty (30) days of first accepting these Terms, stating your full name, registered email address, and a clear statement that you decline arbitration. Opting out does not affect any other provision of these Terms.
30b. Assignment
You may not assign, delegate, or otherwise transfer these Terms or any of your rights or obligations under them without NexudeIT's prior written consent, and any attempted assignment without consent is void. NexudeIT may freely assign these Terms and its rights and obligations, including in connection with a merger, acquisition, reorganisation, sale of assets, or by operation of law, without your consent.
30c. Force Majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, pandemic or public-health emergency, government action, cyberattacks, widespread internet or telecom outages, or failures of upstream providers (including cloud, CDN, payment, email, and SMS providers). The affected party will use reasonable efforts to mitigate the impact.
30d. Notices
To NexudeIT. Legal notices must be sent to [email protected]; DMCA and trademark notices must be sent to [email protected] and [email protected] respectively; security reports to [email protected]. Notices are deemed received on the business day after sending.
To you. NexudeIT may send notices to the email address associated with your account, via in-Platform messaging, or by posting a conspicuous notice on the Platform. You are responsible for keeping your contact details current. Notice is deemed received when sent to your registered email or posted.
30e. Export Controls and Sanctions
You represent and warrant that (a) you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. trade embargoes (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not listed on any U.S. government list of restricted parties (including OFAC Specially Designated Nationals, Denied Persons, Entity List, or Debarred Parties); and (c) you will not use the Platform to export, re-export, or transfer any item, software, or technology in violation of applicable export-control laws, sanctions, or anti-boycott laws. NexudeIT may withhold or block access, payouts, or services to comply with these laws.
30f. No Waiver and Interpretation
NexudeIT's failure to enforce any provision of these Terms is not a waiver of that provision or of any other right. Any waiver must be in writing and signed by NexudeIT to be effective. Section headings are for convenience only and do not affect interpretation. The words "include" and "including" mean "including without limitation".
30g. Beta, Closed-Test, and Early-Access Programs
From time to time NexudeIT runs invitation-only or limited-availability programs — closed Android/iOS tests, early-access feature flags, Founder cohorts, and similar "Beta Programs". Participation is optional and governed by these Terms with the following additional rules:
- Beta features are provided AS-IS and may change, break, lose data, be renamed, or be removed entirely without notice. They are not covered by the warranty disclaimer-and-liability balance that applies to general-availability features (Sections 19 and 20 still apply, but are reinforced here for Beta Programs)
- Confidentiality. When NexudeIT marks a Beta Program as confidential at enrolment, you agree not to publish screenshots, copy, performance metrics, or feature details outside the program until the feature reaches general availability. Violations may end your participation and any associated rewards (e.g., a Founder Award earned through the program)
- Test data and feedback. Activity inside Beta Programs (listings, messages, transactions) may be reset, archived, or migrated when the program ends. NexudeIT will give reasonable notice before any reset that affects user-created content
- Cohort recruitment via third parties. NexudeIT may use beta-recruitment vendors (for example, TestersCommunity) to fill cohorts. Those vendors operate under their own privacy and terms, which apply alongside ours during the program
- Withdrawal. You may exit a Beta Program at any time by emailing [email protected] or by toggling the corresponding feature flag in Account → Settings, where one is provided. Exiting may delete program-specific state that does not transfer to general availability
30h. In-App Feedback Collection
NexudeIT provides an in-app feedback widget (the floating message button surfaced on most screens, plus a dedicated form in Account → Settings → Help). When you submit feedback through it:
- What we collect. The text of your message, optionally an attached screenshot you choose to include, the page URL the feedback was sent from, your locale, your app/web client version, and — if you are signed in — your account identifier so we can reply. We do not silently attach passwords, payment details, or messages from your inbox
- How we use it. Triage bugs, prioritise features, reply to you when we can, and aggregate trends to improve the platform. Feedback is not shared with sellers, advertisers, or third parties unrelated to fixing the issue you raised
- Public quoting. If we want to quote your feedback in marketing or release notes (anonymised), we will ask first. Anonymised aggregate statistics ("31% of testers asked for X") do not require individual consent because no person is identifiable
- Retention. Feedback is retained for as long as the issue or feature it relates to is open, plus a reasonable archival period for trend analysis. You may request deletion of your individual feedback at any time by emailing [email protected]
- Spam protection. Repeated abuse of the feedback channel (spam, threats, illegal content) may result in the channel being disabled for your account; the underlying account is governed by Section 15 (User Content and Conduct)
30i. Privacy Assurance
NexudeIT puts the following privacy protections in place by default for every user, regardless of plan or paid status:
- End-to-end encrypted buyer–seller messaging using ECDH key exchange and AES-256-GCM. NexudeIT staff cannot read your message content (we can only see metadata such as participants and timestamps for trust-and-safety enforcement)
- PBKDF2-SHA256 password hashing with 200,000 iterations and unique salts — we never store plaintext passwords
- Personally identifiable information encrypted at rest — emails, phone numbers, shipping addresses, and similar fields are encrypted in the database with AES-256-GCM
- HTTPS/TLS in transit everywhere, including all API endpoints, the mobile app, and the asset CDN
- Two-factor authentication available via TOTP authenticator apps; enable in Account → Security
- No sale of personal data and no sharing of personal data for cross-context behavioural advertising; Privacy Policy § on California rights restates this for CCPA/CPRA
The full data-handling commitments live in the Privacy Policy. The summary above is provided so you can confirm the protections at a glance without reading the full policy.
31. Contact
For questions about these Terms, please visit our Contact page.
