1. Acceptance of Terms
NexudeIT is operated by Nexude LLC, a New Jersey limited liability company (NJ Entity ID 0451490388) ("Nexude," "we," "us"). 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.
4a. Open Beta Program
What the Open Beta is. Before its full launch, NexudeIT may open the Platform to the public as an open beta (the "Open Beta"). During the Open Beta the Platform is open for browsing and for activities that do not involve paying or committing to pay, while all purchases and payments are paused. The Open Beta ends when NexudeIT enables purchases on the Platform ("full launch"). NexudeIT will announce full launch on the Platform and by email to everyone on the launch waitlist. NexudeIT does not commit to a particular launch date and may extend the Open Beta, or restrict access to parts of the Platform during it, at its discretion. These Terms apply in full during the Open Beta as supplemented by this Section; where this Section conflicts with another Section of these Terms, this Section governs.
- What you can do. During the Open Beta you may browse the Platform; create and manage an account; open and set up a store; create, edit, schedule, and remove listings; message other users; keep wishlists and favourites; add items to your cart; save searches and receive alerts; post reviews; and take part in community features such as clusters, polls, AMAs, and Seller Stories. You may also view and remove payment cards you saved before the Open Beta.
- What is paused. No purchase or payment can be completed during the Open Beta, and no payment is taken or released. In particular, the following are paused until full launch: checkout and every other way of buying on the Platform (including Buy It Now, digital goods, services, event tickets, subscriptions, and rentals); payments, payment authorisations, and card holds of any kind (including escrow holds, security bonds, and swap boot); bids of every kind, including proxy and automatic bids; making, countering, or accepting offers and Best Offers; offering or accepting swaps; the creation of orders and escrow; joining group-buys or pools that commit money; paid plans, memberships (including Nova), premium tiers, subscriptions, and advertising or promotion credits; purchases made through affiliated Nexude LLC services that settle on NexudeIT; adding a new saved payment card; and seller payouts, meaning that NexudeIT neither releases escrowed or held funds to sellers nor pays out seller balances it holds. The only money that moves during the Open Beta is money returned to buyers — refunds, and the voiding (release) of card holds placed before the Open Beta — as described in Section 8, which also explains the one kind of cancellation that is declined while the Open Beta runs. Paid cluster memberships are not offered yet (Section 16a). If you attempt a paused action, the Platform will decline it and no contract, order, or charge results.
- No fees. NexudeIT charges no fees of any kind during the Open Beta — including listing fees (even for listings beyond the free-listing allowance described in Section 8a), commissions, platform fees, and subscription or advertising charges — and will not charge any fee at a later date for activity that took place during the Open Beta. Listings you create during the Open Beta still count toward your free-listing allowance under Section 8a, just as listings created after full launch do.
- Nothing displayed is an offer you can accept yet. Prices, Buy It Now buttons, cart totals, and auction timers shown during the Open Beta are informational. Adding an item to your cart or wishlist does not reserve it (Section 12); items are held only by an order placed after full launch (Section 8e). Sellers may change or remove a listing before purchases open. No auction is settled during the Open Beta, so no winner is declared and no contract of sale is formed while it runs. Because no bid can be placed during the Open Beta, an auction listed during it whose end time falls before full launch ends without a winner.
- Features may change. Features may be added, changed, limited, or temporarily unavailable during the Open Beta, and some may not yet work exactly as described elsewhere in these Terms.
- Provided "as is". The Open Beta is provided "as is" and "as available", without any guarantee of availability, uptime, or uninterrupted access. Sections 26 (Limitation of Liability) and 27 (Disclaimer of Warranties) apply in full. Nothing in this Section limits any right you have under consumer-protection law that cannot lawfully be excluded (Section 31).
- Your account, store, and listings carry over. Accounts, stores, and listings created during the Open Beta are intended to carry over to full launch without any action on your part. In rare cases — for example, to address a data-integrity or security issue — NexudeIT may need to change, reset, or remove content created during the Open Beta; where practicable, NexudeIT will notify you before doing so. The reset and migration rules for closed tests and early-access programs in Section 37g do not apply to the Open Beta.
- Feedback. If you send NexudeIT feedback about the Open Beta (for example, through the in-app feedback or bug-report forms described in Section 37h), you grant NexudeIT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, copy, modify, and incorporate that feedback into the Platform and NexudeIT's other services. NexudeIT has no obligation to use your feedback, to credit you, or to pay you for it, and you keep any rights you already hold in it. This supplements the feedback terms in Section 15b; Section 37h describes what feedback data is collected and when we will ask before quoting you.
- Founding-seller spots. The founding-seller promotions continue during the Open Beta on their existing terms. A Founder Award spot is claimed when you open a store while spots remain (Section 32), and Founding Member Program enrolment takes place when you create a listing while that program has capacity (Section 8b); the Open Beta does not change the number of spots or the benefits. Because no fees are charged and no purchases complete during the Open Beta, the fee benefits of these programs first apply after full launch, and none of the fee-free transactions described in Section 8b are used up during the Open Beta.
- No off-platform deals. You must not use the Platform to arrange the sale of an item or service listed on NexudeIT — or to request, make, or accept payment for one — outside the Platform in order to get around the paused checkout. This includes asking for or offering deposits, "holding" fees, gift cards, wire or bank transfers, cryptocurrency, or payment-app transfers, and moving a conversation off-platform to "complete the deal". A transaction arranged off-platform receives none of the Platform's protections (including escrow, disputes, and the Community Jury), and NexudeIT is not responsible for it. This rule applies in addition to Sections 11, 15a, and 16a; a breach may lead to listing removal, strikes under Section 6, and suspension or termination of your account. NexudeIT will never ask you to pay for anything during the Open Beta; if someone does, report it as described on our Trust & Safety page.
- Beta notices and summaries. While the Open Beta runs, the Platform displays an open-beta notice, and a plain-language summary is available in the open beta guide. Those summaries are for convenience only; this Section and the rest of these Terms govern.
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
- Removed Listings Stay Removed: A listing NexudeIT removes is hidden from buyers and locked. It stays visible to you in your dashboard, marked Removed, but it cannot be edited, archived, relisted, or copied into a new listing from there. You may create a new listing that complies with these Terms. If you believe a removal was made in error, contact us through the Contact page; a removal may be reversed on review, and a strike issued with it is withdrawn if the removal is reversed
- 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
Open Beta.While the Platform is in Open Beta (Section 4a), no purchase can be made, no payment is taken or released, and no fee of any kind is charged. In particular, NexudeIT releases no escrowed or held funds to sellers and pays out no seller balances it holds. Refunds, the voiding of card holds, and cancellations remain available, with one exception: a buyer's cancellation that would capture a cancellation penalty from a card hold placed before the Open Beta is declined while the Open Beta runs. In that case, open a dispute, or ask the seller to cancel, which releases the hold in full. The payment, fee, escrow, and payout provisions of this Section otherwise apply to transactions from full launch. Saved cards may still be viewed and removed during the Open Beta, but new cards cannot be added.
Payments are processed by third-party payment processors: card payments by Stripe, and PayPal payments by PayPal. Checkout shows the payment methods NexudeIT has switched on; Section 8e explains which of them can take your order. 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. Sales tax, where a seller charges it, is calculated as described in Section 8e.
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. A fee-free transaction is counted when a buyer places an order with you, and it is given back if that order is cancelled before it is paid.
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.
8d. Saved Payment Cards.Buyers may save a payment card for faster future checkout — either on Stripe's hosted payment page or via the "Add a card" form in Account → Payment cards. Card details are stored by Stripe, our PCI-compliant payment processor; NexudeIT stores only a Stripe payment-method reference together with display metadata (card brand, the last four digits, and the expiry month and year). NexudeIT never sees or stores your full card number or CVV.You may view your saved cards, set a default, or remove a card at any time from Account → Payment cards; removing a card also detaches it from Stripe. Returning buyers will see their saved cards on the Stripe payment page at checkout.
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
- Opening a dispute. A buyer may open a dispute against an order or an escrowed transaction through a guided, multi-step wizard launched from the order detail page or the escrow card. The wizard collects a dispute reason, a written description, optional evidence files (such as photos or documents), and a final review step before submission. Opening a dispute on an escrowed order marks that escrow as disputed and feeds into the existing escrow resolution and Community Jury Dispute Resolution flow described in Section 36, with NexudeIT administrators retaining final decision authority
- 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 carts. When your cart contains items from more than one seller, NexudeIT processes a single payment for the cart total but creates a separate order for each seller. Each seller order has its own order number, shipping option, delivery estimate, tracking, and (where applicable) escrow, dispute, and return handling — so you may receive multiple deliveries on different dates. Your card is charged only once. The payment is split to each seller via Stripe Connect transfers (for connected sellers) or via internal wallet credits (for unconnected sellers), with transfer and processing fees deducted from each seller's share. On the website, a cart with items from more than one seller, or from more than one of a seller's stores, is paid by card (Stripe) in one payment; the mobile app currently checks out one store's items at a time. A cart with items from a single store may use any payment method offered at checkout, subject to the currency limits in Section 8e. A promo code applies only to the items of the seller who issued it (Section 12), so it never reduces another seller's order in the same cart; where one seller's code covers items from more than one of that seller's stores, the discount is divided between those store orders in proportion to the value of the items it covers. Shipping is quoted and charged per seller. Refunds, returns, and disputes are handled per seller order, since each is its own contract of sale between you and that seller.
Payoutsto sellers are subject to the underlying processor's payout schedule, identity verification, and rolling reserves. NexudeIT does not control these timelines.
8e. Placing an Order and Paying. From full launch (Section 4a), the following rules apply when you buy through checkout:
- What you are charged. NexudeIT's servers price your order when you place it: the listing's current price (including any sale price then in effect), the seller's shipping charge for the option you chose, the seller's sales tax (if any), and any promo-code discount (Section 12). Those totals are stored on the order and shown to you before you pay, and the payment processor is asked to charge exactly that amount. Prices, totals, and discounts shown in your cart are estimates only. You need to be signed in with a verified email address to place an order (Section 3).
- Shipping. Each seller's shipping is priced from that seller's own settings: one of the seller's flat-rate options or, where live carrier rates are available, a live rate, which is quoted again when you place the order (that fresh quote is what you are charged). If you do not choose an option, the cheapest available one is used. If none of a seller's shipping options can be used for your order (for example, because the seller has not set any up), no shipping charge is added for that seller's items. Section 9b explains shipping further.
- Sales tax. Sales tax is added only where the seller has turned on tax collection for their store. It is the seller's own rate, applied to that seller's items after any discount (shipping is not taxed), and it is shown at checkout before you pay. Tax collected on an order is passed to the seller with the rest of their share, and the seller is responsible for remitting it, except where applicable law makes NexudeIT responsible for collecting or remitting tax on a sale. Customs duties and import taxes are covered in Section 9b.
- Currency. An order is priced and charged in the currency of its listings. Items priced in different currencies cannot be bought in the same checkout.
- Payment methods. Checkout offers the payment methods NexudeIT has switched on. Card payments are processed by Stripe and are available for orders in currencies that have cents, such as USD, EUR, GBP, CAD, and AUD, but not yet for currencies without them, such as JPY. PayPal can take orders in all of those currencies, including JPY. Square may not be available at launch. Where it is offered, a Square payment is not confirmed automatically: the order stays unpaid until NexudeIT has checked the payment with Square, and once you have started a Square payment, the order cannot be cancelled or replaced from your account until that check is done. If you started a Square payment you did not finish, contact us.
- Unpaid orders hold their items. Placing an order takes its items out of stock before you pay, so that no one else can buy the last unit while you are paying. An unpaid order holds its items for at least 60 minutes. After that, if another buyer checks out the same items and there is not enough stock left for them, NexudeIT may cancel your unpaid order, together with any other orders placed in the same checkout (after which any payment you had started for them can no longer be completed), and release their items and any promo-code use so the other buyer can have them, unless a payment for those orders has already been made or may still be going through. To be sure of keeping the items, finish paying within 60 minutes of placing the order.
- Checking out again. If you place a new order for any item that is still in one of your unpaid orders, NexudeIT first cancels that earlier unpaid checkout (including any other seller's orders placed with it), even if the new order then cannot be placed, so that any payment you had started for it can no longer be completed, and releases its items and promo-code use so the new order can use them. An earlier order is not replaced while a payment for it may still be going through.
- Cancelling an unpaid order. An order can be cancelled while it is unpaid. Cancelling returns its items to the seller's stock and gives back its promo-code use, unless another order from the same checkout still uses that code. A cancellation is declined while a payment for the order may still be going through; if that payment completes, the order is paid instead. A paid order cannot be cancelled this way: contact the seller or open a dispute (Section 9).
- Items with stock per variant. Where a seller counts stock separately for each variant of an item (for example, each size or colour), units held by an unpaid order that is cancelled, replaced, or released are not returned to that variant's stock automatically; the seller restocks them.
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 unavailablefor 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.).
Per-seller shipping and address sharing. When an order contains items from more than one seller, each seller fulfils and ships their own portion independently (see the multi-seller carts provisions in Section 8). Each seller receives only the shipping address for the portion of the order they are fulfilling, together with the buyer details necessary to deliver it — a seller is not given the buyer's address or order details for items fulfilled by a different seller. Sellers must use a buyer's shipping address solely to fulfil that order and in accordance with our Privacy Policy.
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
- Auction Buy It Now and Best Offer: Where a seller has enabled them on an auction listing, using Buy It Now immediately ends the auction and forms a binding purchase at the Buy It Now price (only available while bidding has not met or exceeded that price), and a seller's acceptance of a Best Offer is binding, ends the auction, and supersedes all active bids
11a. Making an Offer (Binding Commitment)
On fixed-price listings where the seller has enabled Make an Offer, a buyer may propose a price below (or at) the list price, and a seller may reply with a counter-offer. The following rules apply, in addition to the negotiation rules in Section 11. While the Platform is in Open Beta (Section 4a), offers and counter-offers cannot be made or accepted; these rules apply from full launch.
- An offer is a binding commitment to buy. When you submit an offer, you make a binding, good-faith commitment to purchase the item at the offered price if the seller accepts itwithin the offer's validity window. By offering, you represent that you intend and are able to complete the purchase on acceptance. Do not make offers on items you are not prepared to buy.
- Acceptance forms a contract of sale.A seller's acceptance of your offer (or your acceptance of the seller's counter-offer) forms a binding contract of sale at the agreed price, on the terms stated in the listing. Settlement then proceeds through the Platform's checkout and escrow flow exactly as for any other purchase: your payment is authorised and held by the payment processor until you confirm delivery, as described in Section 16e and Section 8.
- Counter-offers and expiry. A seller may accept, decline, or counter your offer; a counter-offer supersedes the prior offer. Offers and counter-offers may carry an expiry time and lapse automatically if not accepted, and either party may withdraw an offer before it is accepted. Once an offer is accepted, it is binding and may not be unilaterally withdrawn.
- Walking away after acceptance is a breach. Failing to complete payment for an accepted offer is a breach of these Terms on the same footing as non-payment for a won auction, and may result in escrow penalties, account strikes under Section 6, and suspension of offer or bidding privileges.
- No reservation; price displayed governs. Submitting or accepting an offer does not reserve stock. Consistent with Section 12, the item may sell, change price, or become unavailable until a contract is formed by acceptance and checkout is completed.
- NexudeIT is not a party. NexudeIT operates the offer mechanism but is not a party to the offer, does not set or guarantee any price, 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:
- A coupon applies only to the issuing seller's items. A coupon created for one store discounts only that store's items; a coupon that is not tied to a store discounts items from any of the issuing seller's stores. A coupon never discounts another seller's items, even in the same cart, and each seller's discount comes off that seller's own order
- These coupon terms are applied at checkout: start and expiry dates, a limit on the total number of uses, a minimum order amount, and the products a coupon applies to. A minimum order amount counts only the items in your cart from the issuing store (or, for a coupon not tied to a store, from the issuing seller). Other options a seller may see when creating a coupon, such as a per-customer limit, first-order-only, a maximum discount, or stacking, are not applied yet, so sellers should not rely on them
- One promo code can be used per checkout. A code applies to the current price of the items it covers, including any sale price in effect, and cannot take off more than those items cost. A free-shipping code removes the shipping charge on the issuing seller's orders that it covers, and a "Bundle Deal" code does not change the price at checkout yet. The discount is confirmed when you place the order (Section 8e); a code that appears to apply in your cart may be refused at that point if it does not cover the items
- A code's use is counted when you place the order. If an unpaid order is cancelled, replaced, or released under Section 8e, the use is given back
- 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. Items are held for you only once you place an order, as described in Section 8e. NexudeIT is not liable for availability changes between the time you add an item and the time you place your order
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. It is sent when the order is placed, before payment, so it does not confirm that payment was received: an order is paid only once its status on the Platform shows it as paid, and until then it may be cancelled, replaced, or released as described in Section 8e. The seller reserves the right to reject or cancel orders due to stock availability, pricing errors, or suspected fraud.
Who can see an order.An order's details can be opened only by the buyer, the seller or sellers whose items are in it, and NexudeIT administrators. A seller is given what they need to fulfil their order, including the buyer's name, contact details, and shipping address (Section 9b). Staff a seller has added to a store can also export that store's order list and its customer list, which includes buyers' usernames and account email addresses. An order can also be looked up without signing in, but only by entering both its order number and the email address on the buyer's account; that look-up shows the order's status, items, totals, and store, but not the buyer's name, address, or payment details. Keep your order numbers and account email private, and tell us if you think someone else has looked up your order.
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 Nexude LLC (the company that operates NexudeIT). 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. The Marks also include, when in use in commerce, the marks of affiliated services operated by Nexude LLC — including Trovio™, TradeMatch™, Collection Net Worth™, TrackToInsure™, and One-Tap Catalog™, or their successor names — each of which is owned by Nexude LLC and protected on the same footing as the Marks above.
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.
14b. Proprietary Platform Features and Systems
Beyond the Marks, the Platform embodies original systems, features, workflows, and mechanics conceived and developed by NexudeIT — including, without limitation, the Community Jury dispute-resolution system, the escrow and guided-dispute workflow, the listing Page Builder, reaction effects, saved-search alerts, Seller Stories, Cluster Polls & AMAs, the "Your Week" personalised activity recap, Share-cart (shared cart selections), the Achievements system (engagement-earned profile badges and their perks), the scheduled-listings and scheduled price-drop mechanism, voice and barcode search, the Nova membership program, and the Marginalize extension (collectively, the "Proprietary Features").
Ownership.The selection, structure, naming, design, sequence, look-and-feel, and implementation of the Proprietary Features are the exclusive intellectual property of Nexude LLC and are protected by copyright, trade-secret, and — where applicable — patent and trademark law. Nothing in these Terms transfers any right, title, or interest in the Proprietary Features to you; all rights are expressly reserved.
Restrictions.You may not, and may not authorise or enable any third party to: (a) copy, clone, reproduce, frame, mirror, or create derivative works from a Proprietary Feature or its underlying mechanics; (b) reverse-engineer, decompile, disassemble, or scrape the structure, flow, or business logic of a Proprietary Feature except to the limited extent such restriction is prohibited by applicable law; or (c) use a Proprietary Feature's name, distinctive presentation, or workflow to build, market, operate, or promote a competing product or service. NexudeIT may seek injunctive and other equitable relief (as described above) to protect the Proprietary Features.
Achievements and profile badges. The Platform may award achievements — profile badges that recognise genuine, measurable activity on the Platform (for example, verified-review milestones, helpful and upvoted community contributions, auction wins, or early support of a store). Achievements are designed to reflect real, earned outcomes rather than purchased or self-asserted status, and each is intended to carry either a tangible perk or a public trust signal that others can rely on. By using the Platform you acknowledge that:
- An achievement reflects activity recorded by NexudeIT's systems; it is a recognition granted by NexudeIT and not property, currency, or a transferable asset. Achievements are personal and non-transferable and do not pass to another account, including by sale, gift, account transfer, or inheritance — for the same reasons reputation and earned status do not transfer on death (see Section 22)
- The criteria, thresholds, names, artwork, and any associated perks of an achievement may change, be added, be retired, or be re-scoped at any time at NexudeIT's discretion. An achievement does not create a vested or perpetual entitlement to any perk
- NexudeIT may withhold, suspend, downgrade, or revoke an achievement (and any perk tied to it) where the underlying activity is found to be fake, manipulated, bought, farmed through coordinated or multiple accounts, obtained by fraud, or otherwise inconsistent with these Terms (including the anti-manipulation rules in Section 15a). Reversal of the qualifying activity (for example, removed reviews, reversed transactions, or rescinded votes) may likewise remove the achievement
- Achievements are cosmetic and reputational signals; they do not alter your legal rights or obligations, do not guarantee any outcome, and may be displayed to other users as part of your public profile
Scheduled listings and scheduled price drops. Sellers may schedule a listing to go live at a future time and may schedule one or more price changes (including staged price drops or markdowns) to take effect automatically at set times. The following terms apply:
- The price displayed at the moment of purchase governs. A scheduled or advertised future price is not an offer to sell at that price before it takes effect, and a scheduled price that has already passed does not entitle a buyer to an earlier price. The price shown on the listing when you place your order — together with any then-active promotion — is the price that applies, consistent with the cart and availability rules in Section 12
- No reservation. Scheduling a price drop does not reserve stock or a price for any buyer. Stock may sell out, a listing may be edited or removed, and a unique item may be purchased by someone else before a scheduled change takes effect
- Seller responsibility. Sellers are responsible for the accuracy of their schedules and for honouring the price actually displayed at purchase. A scheduled change that fails to apply due to a seller error, a cancelled schedule, or a stock-out does not create a claim against NexudeIT
- Platform discretion. NexudeIT may decline, pause, or roll back a scheduled change in cases of suspected pricing error, fraud, or abuse, as described in Section 13
Voice and barcode search. The Platform may let you search using your voice (spoken input) or your device camera (scanning a product barcode). These conveniences are designed to be privacy-preserving:
- Processed on your device. Voice input is transcribed and barcode images are read in your browser / on your device. NexudeIT receives only the resulting text query (the transcribed words or the decoded barcode value) — the same kind of query you could have typed
- Not stored as media. NexudeIT does not upload, retain, or store the underlying audio recording or camera image from voice or barcode search. Microphone and camera access are used only for the active search and only with your permission, which your browser or device controls and which you can revoke at any time
- Third-party browser components. Voice transcription may rely on speech-recognition features provided by your browser or operating system; their use is governed by that provider's own terms and privacy practices, over which NexudeIT has no control
- Query handling. The resulting text query is handled like any other search you submit and may be logged and used to return results and improve search relevance, as described in our Privacy Policy
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.
15c. Seller Stories (Ephemeral Content)
Seller Stories are short-lived, full-screen posts (image or video with optional caption) that a seller may publish to promote their store, listings, or offers. A Story is ephemeral: it is shown to viewers for a limited time and then automatically expires from public view. The following terms apply, in addition to the general rules in this section:
- User-generated content. A Seller Story is User Content within the meaning of Section 15b, and the licence you grant NexudeIT there applies to it. You retain ownership of your Story and warrant that you hold all rights in its media and any people, brands, or works it depicts.
- Subject to moderation and the UGC rules. Stories are subject to the same content standards, prohibited-content rules, automated and manual moderation, reporting, strike, and ban framework that govern all user content (Sections 15, 15a, and 16). A Story that breaches those rules may be hidden, removed, or escalated, and may attract a strike under Section 6, exactly as any other listing or post would.
- Ephemerality is a display behaviour, not deletion. Expiry removes a Story from public view but does not by itself erase it from NexudeIT's systems. NexudeIT may retain an expired or removed Story (and its moderation metadata) for the audit, compliance, abuse-review, and dispute-resolution purposes described in Section 16, even after it is no longer visible to other users.
- Reporting. Any viewer may report a Story they believe is inappropriate, using the reporting routes described on our Trust & Safety page, on the same private, audit-logged basis as other reports under Section 16.
- No guarantee of reach or persistence. NexudeIT does not guarantee that any Story will be shown to a particular number of viewers, will remain available for any minimum time, or will survive a moderation action. Stories are an optional promotional surface, not a system of record.
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, password-protected, or invite-only. Paid cluster memberships (a one-time join fee) are not available yet: the Platform has no way to take payment for cluster access, so nobody can pay to join a cluster marked as paid, and the Platform declines a direct request to join one, during the Open Beta and after it, until NexudeIT introduces a way to pay. Members can still be added to such a cluster by invitation or by an approved join request, and no fee is charged for joining that way. If paid memberships are introduced, owners of paid clusters will be responsible for delivering the value advertised at sign-up, and refunds for paid cluster membership will follow the 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.
- Cluster Polls and AMAs: Cluster Owners, Leaders, and Moderators may run polls (member votes on a question with defined options) and AMA ("ask me anything") sessions within their cluster. These are member-conduct features and are subject to all rules in this section and in Section 15a. In particular: (a) no vote manipulation — you may not use additional, fake, or coordinated accounts, bots, scripts, ballot-stuffing, or any circumvention of a poll's one-vote-per-member rule to influence a poll outcome; (b) poll results are indicative of member sentiment only and do not bind NexudeIT, override these Terms, or authorise any action that these Terms otherwise prohibit; (c) questions, answers, and votes are member content subject to moderation, reporting, the strike framework, and the audit-logging described in Section 16; and (d) AMA hosts and participants must not use a session to solicit off-platform payments, share prohibited content, harass others, or circumvent fees. Manipulating a poll or abusing an AMA may result in removal of the poll or session, a strike under Section 6, and cluster-level or Platform-level action.
- 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 deliveryto 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.
16e. Auction Settlement and Binding Bids
NexudeIT supports sixteen auction formats (including English, Dutch, sealed-bid, Vickrey, reserve, extended/anti-snipe, penny, reverse, multi-quantity, lot, group-buy, timed-exclusive, pre-order, flash, Buy-It-Now, and Best-Offer). The following rules govern how every auction is settled and what your participation legally commits you to. They apply to auctions run inside ordinary listings and to live-room auctions alike. While the Platform is in Open Beta (Section 4a), no bid of any kind (including a proxy or automatic bid) can be placed and no auction can result in a sale; these rules apply from full launch.
- Bids are binding offers. Every bid you place is a binding, irrevocable offer to purchase the item at the bid amount on the terms stated in the listing. By bidding you represent that you intend and are able to complete the purchase if you win. You may not retract a bid except where the listing or applicable consumer law expressly permits it (for example, an obvious typographical error corrected immediately).
- Auctions auto-close at the end time. Each timed auction closes automatically at its published end time. A settlement process then runs without further action by the seller: it identifies the winning bid (if any), marks losing bids as such, declares the winner, and creates the resulting order and escrow hold. You do not need to be online at the close for your winning bid to be honoured, and a seller cannot quietly let a won auction lapse to avoid selling.
- Winning a closed auction forms a contract.When the settlement process names you the winner, a binding contract of sale is formed at the winning price. You are then required to complete payment through the Platform's escrow flow within the time stated on the listing (or, if none is stated, within forty-eight (48) hours).
- Non-payment is a breach.Failing to pay for an auction you have won is a breach of these Terms and of the binding-bid commitment above. It may result in forfeiture of any security bond or deposit, escrow penalties configured on the listing, account strikes under Section 6's escalation framework, suspension of bidding privileges, and liability to the seller for the difference on a relist (a "second-chance" remedy where the listing offers one).
- Proxy / automatic bids are binding up to your maximum.When you set a maximum bid, the Platform's proxy-bidding agent will place incremental bids on your behalf, only as high as needed to keep you in the lead, never exceeding your maximum. Each automatic bid placed by the agent up to that maximum is as binding as a manual bid. The maximum you set is private to you until it is exceeded by another bidder, but if you win, you are bound to pay the final amount the agent reached on your behalf, which may equal your maximum.
- Anti-snipe extensions.On auctions configured with anti-snipe protection, a bid placed within the listing's anti-snipe window automatically extends the end time. Extensions continue under the listing's rules until bidding settles. You agree that such extensions are part of the auction terms you accepted by bidding.
- Reserve auctions may close with no sale.Where a seller sets a hidden reserve price, the item sells only if the highest bid meets or exceeds that reserve. A "reserve met" indicator is shown to bidders once the reserve is reached. If the reserve is not met by the close, the auction ends with no winner and no contract is formed; no party is obligated to complete a sale.
- Vickrey (second-price) auctions. In a Vickrey or sealed-second-price auction, the highest bidder wins but pays the amount of the second-highest bid, not their own bid. By submitting a sealed bid you accept this pricing rule, you agree your bid remains binding up to your full submitted amount, and you accept that bids are concealed until the auction closes.
- Buy-It-Now and Best Offer.As described in Section 11, using Buy-It-Now on an eligible auction immediately ends the auction and forms a binding purchase at the Buy-It-Now price; a seller's acceptance of a Best Offer is binding, ends the auction, and supersedes all active bids.
- NexudeIT does not appraise or guarantee value.NexudeIT operates the auction mechanism but is not the seller, an auctioneer of record, a valuer, or a guarantor of any item. Starting prices, reserves, and final clearing prices reflect the seller's terms and bidder demand alone.
16f. Auction Swap, Barter, and Tax Disclosure
NexudeIT offers a Swap capability that lets users trade items for other items rather than for cash. Swap is available both as a dedicated swap auction type and as a cross-cutting toggle that a seller may enable on any sell or auction listing, including inside live auction rooms. An item may simultaneously be offered for sale, for auction, and/or for swap. The following terms govern every swap. While the Platform is in Open Beta (Section 4a), swaps cannot be offered or accepted and no security bond or boot hold is placed; these terms apply from full launch.
- A swap is an item-for-item barter (with optional cash "boot"). A swap is a barter exchange in which each party gives goods to the other. Where the two items differ in value, the parties may agree a cash "boot" — the cash difference — which is held in NexudeIT escrow and released to the receiving party on successful completion under the same rules that govern monetary escrow (Section 8).
- Value is determined by the listing owner; NexudeIT does not appraise. When multiple users offer items in exchange, the owner of the listing selects the winning offer by their own judgement of value. The owner is free to accept, decline, or counter any offer for any non-discriminatory reason. Value in a swap is determined solely by the listing owner; NexudeIT does not appraise, value, certify, or guarantee the worth, authenticity, or fair-market value of any item exchanged in a swap.By making or accepting a swap offer you accept that the counterparty's judgement of value, not NexudeIT's, governs the trade. The amount of any required security bond and the size of any cash boot are likewise set by the listing owner and the parties' agreement, not by NexudeIT; we neither appraise the item nor set, recommend, or guarantee these amounts.
- A binding Digital Agreement is mandatory. Before any item ships, both parties must sign a binding Digital Agreement (Section 36) describing each item, its condition, any boot, the shipping obligations of each side, and the anti-fraud clause that prohibits counterfeiting, misrepresentation, and bait-and-switch. The swap does not proceed to shipment until both signatures are recorded. The signed agreement is a timestamped, non-editable record admissible in any dispute.
- Full-protection mechanics. To protect both sides of a non-cash trade, a swap may use: (a) an optional refundable security bond from either or both parties, held in escrow and returned in full on successful completion or forfeited to the wronged party if a dispute is sustained; (b) cash boot held in escrow for any value difference; (c) dual-ship confirmation, under which each party confirms dispatch and then receipt, and escrowed bonds/boot release only once both sides confirm satisfactory receipt; and (d) a dispute path identical to the escrow and Community-Jury dispute resolution described in Sections 8 and 36, with NexudeIT administrators retaining final decision authority.
- Bonds and boot are authorized holds on your payment method — real, held money, not a record.When a swap requires a security bond, or carries a cash boot, the paying party's payment method is placed under an authorized hold(a pre-authorization) by NexudeIT's payment processor at the time the swap is accepted. The funds are genuinely reserved by the processor — not merely logged — and are either captured (taken) or released (the hold cancelled, returning the funds to you) depending on the outcome of the swap. A bond or boot hold is not a charge unless and until it is captured under the rules below.
- A swap is binding only once every required hold is authorized.An accepted swap becomes binding only after all required holds — each side's security bond, and the cash boot — have been successfully authorized on the paying parties' payment methods. An accepted swap whose required holds are not (or cannot be) authorized is not binding and may be cancelled by either party or by NexudeIT, with no obligation to ship and no liability for non-completion. You should never ship until the Platform confirms the swap is funded and live.
- What happens on successful completion. When both parties ship and each confirms satisfactory receipt of what they were promised, the swap completes automatically: the cash boot is captured to its intended recipient, and both security bonds are released (their holds are cancelled, not captured). Neither bond is taken on a clean trade.
- What happens on a dispute — NexudeIT adjudicates. If a swap is disputed, the relevant holds remain in place while NexudeIT (acting through its administrators and, where applicable, the Community-Jury process of Section 36) reviews the evidence and the signed Digital Agreement. Based on that review, NexudeIT may forfeit (capture) a security bond to the wronged party, release or capture the cash boot to one party or the other, or refund any held funds, in whole or in part. NexudeIT's adjudication of a swap dispute is made in its reasonable discretion on the basis of the available evidence and the signed Digital Agreement, and is final and binding with respect to the disposition of the on-platform holds (the security bonds and the cash boot). This binding effect is limited to those on-platform holds and is without prejudice to either party's separate legal rights and remedies against the other outside the Platform.
- Ship only after the agreement is signed. You should never ship an item in a swap before the Digital Agreement is fully signed and any agreed bond and boot are funded in escrow. Shipping early waives the protections above and is at your own risk.
- Items not as described.If a received item materially differs from the signed description, the receiving party may open a dispute through the standard flow. A sustained "not as described" finding may capture (forfeit) the offending party's bond hold to the wronged party, refund or capture any boot accordingly, and apply strikes under Section 6, all under the adjudication rules above.
- Prohibited items. The same prohibited-item rules that apply to sales (Sections 5 and 15a) apply to swaps. You may not swap counterfeit, stolen, hazardous, regulated, or otherwise prohibited goods.
TAX DISCLOSURE. Bartered goods are generally taxable. In the United States, and in many other jurisdictions, the fair market value of property you receive in a barter or swap is taxable income, and a swap may also be a taxable disposition of the item you give up. NexudeIT does not provide tax, legal, or accounting advice. You are solely responsible for determining, reporting, and paying any taxes that arise from your swaps, sales, and auction activity, including self-assessing the fair market value of items received. NexudeIT may issue, generate, retain, or report transaction records (including swap and barter records) to you and to tax or other authorities where required by applicable law, and may request taxpayer information needed to meet those obligations. You should consult a qualified tax professional about the treatment of barter, swap, and auction transactions in your jurisdiction.
17. Nexudeit Browser Extensions (Marginalize)
Scope. "Marginalize" is a free Chromium-based browser extension published by NexudeIT, distributed through the Chrome Web Store and, where signed, as an unpacked or developer-mode install. The extension's landing page lives at /marginalize. Marginalize is offered free of charge and is not bundled with any paid NexudeIT plan.
Licence and use.Subject to your continued compliance with these Terms, NexudeIT grants you a perpetual, worldwide, non-exclusive, non-transferable, revocable licence to install and use Marginalize for personal browsing on devices you own or control. The extension's source code, name, icon, and bundled rule-generation logic are the intellectual property of NexudeIT. You may not redistribute the extension, redistribute modified copies, sublicense it, sell access to it, or strip its branding, except as expressly permitted by the open-source notice file shipped inside the extension package.
Privacy. Marginalize contains no telemetry, no analytics, no third-party servers, and no data sale. The only network traffic the extension itself originates is a scheduled refresh against public community filter-list URLs (currently EasyList and EasyPrivacy) so that block rules stay current. All other operation — rule evaluation, cosmetic hiding, popunder defence, and overlay neutralisation — happens entirely inside your browser and never leaves the device.
Permissions and host access. Marginalize requests the following Chrome permissions for the specific purposes listed:
- declarativeNetRequest: registers network-level block rules so ad and tracker requests are dropped by the browser before they reach a remote server
- declarativeNetRequestFeedback: surfaces matched-rule diagnostics so users can see what was blocked on a page
- storage: persists user preferences, per-site pause state, and the most recently fetched rule version
- alarms: schedules the daily refresh of upstream filter lists
- tabs: reads the active tab's URL to apply the per-site pause toggle and badge counts
- webNavigation: hooks early in the navigation lifecycle so the popunder defence and cosmetic hiding apply before page scripts run
- <all_urls> host access: required because content scripts must run on every site visited to apply cosmetic hiding (CSS injection), patch
window.openatdocument_startfor popunder defence, rewrite fake-X close buttons, and neutralise click-hijack overlays. The content scripts do not read, transmit, or persist the contents of pages you visit
No warranty for blocked content. The filter lists Marginalize consumes are community-curated by third parties and are inherently imperfect. They may over-block legitimate content (occasionally breaking site features) or under-block specific ads or trackers. You accept that some sites may behave unexpectedly while the extension is active. A per-site pause toggle is provided in the extension popup so you can disable Marginalize for any site at any time.
Liability.To the maximum extent permitted by law, NexudeIT is not liable for any indirect, incidental, special, consequential, or punitive losses arising from your use of Marginalize, including without limitation a website failing to load or function because a script it depended on was misidentified as a tracker, lost revenue from blocked advertising on a site you operate, or interaction issues with other extensions you have installed. NexudeIT's total liability for any claim relating to Marginalize is limited to a refund of the price you paid for the extension (which is zero). Nothing in this paragraph limits liability that cannot be excluded under applicable consumer-protection law.
Filter list attribution. Bundled filter content sourced from EasyList and EasyPrivacy is provided by the upstream maintainers under CC BY-SA 3.0 and/or GPL. Marginalize redistributes references (URLs and version metadata) rather than copies of the lists, and the lists themselves are fetched on the user's device, in compliance with those upstream licences. Full attribution is available inside the extension at Options → About and on the /marginalize page.
Updates. The extension may update automatically through the Chrome Web Store update channel without further notice to you. NexudeIT may issue updates that change blocked-rule behaviour, add or remove features, adjust the upstream filter sources, or ship security fixes. Continued use of the extension after an update constitutes acceptance of that update under these Terms.
Termination. You may uninstall Marginalize at any time through your browser's extension manager; uninstallation immediately ends the licence granted above. NexudeIT may discontinue, suspend, or unpublish Marginalize on thirty (30) days' notice posted at /marginalize, and may remove the extension from the Chrome Web Store at any time if required by Google's policies, applicable law, or a credible security report.
18. Deceased Users, Legacy Contacts, and Account Succession
NexudeIT operates a structured framework for handling the accounts of users who have passed away. The framework offers four post-mortem paths: Memorialize (preserve the profile and store as a read-only archive), Transfer (hand assets to a court-authorised executor), Data-Only Export (deliver a copy of the deceased's data without changing the account state), and Delete (permanent erasure under the Right to Erasure). Each path is initiated at /support/legacy-request and is reviewed under the operational, evidentiary, and fraud-prevention rules described below and in the linked Safety Centre guides.
Pre-mortem planning is binding. While alive, a user may nominate up to three Legacy Contacts, author a Digital Will declaring per-asset disposition preferences, configure the Inactive Account Manager (IAM), and toggle pre-consent for Memorialisation. NexudeIT will treat these declarations as the user's expressed intent and will honour them by default, subject to applicable probate law — in jurisdictions where mandatory inheritance, forced heirship, or court orders override user intent, that law prevails. The most recently saved version of the Digital Will is the only one given effect. NexudeIT is not a probate court and will not adjudicate competing inheritance claims; disputed cases halt until claimants produce a binding court order.
Mandatory notice windows. The 30-day notification window for Memorialisation, the 30-day Cooling-Off period for Transfer, and the 45-day extended window for Deletion are mandatory and cannot be waived by any party. During each window, NexudeIT sends repeated notifications across every channel on the deceased's account (email, alternate emails, in-app banner, SMS where verified, push where registered). The account remains loginable throughout the window so that a living holder who was wrongly reported can cancel the case with a single sign-in. This friction is intentional and is the strongest single anti-fraud measure NexudeIT operates.
Escrow holdback. On any Transfer flow that releases escrow funds to a successor, NexudeIT retains a 25% holdback for 180 days as a fraud-reversal reserve. The holdback is the platform's only mechanism to claw back funds if a Reversal of Erroneous Memorialisation (Life Proof) succeeds inside the 90-day reversal window or if a counterparty dispute is sustained. Holdback funds are not the property of NexudeIT; they are held in custody and released to the executor in full at the end of the 180-day period absent a sustained claim. Loyalty tier, payment methods, two-factor sign-in settings, and private end-to-end keys are explicitly non-transferableas a matter of policy and technical reality; see § 19 and § 22.
Jurisdiction. Each Legacy Case is evaluated under the law of the deceased user's last known country (and, where relevant, state or province) of residence. NexudeIT maintains a jurisdiction template library covering the most common 25 jurisdictions and accepts apostilled documents under the Hague Convention for cross-border cases. NexudeIT may publish anonymised case summaries (case ID, type, jurisdiction, decision date, outcome category) in the public Legacy Ledger for transparency and to help families spot anomalies; no names, document contents, or financial figures are disclosed. Requesters who submit forged death certificates, fabricated court orders, or fraudulent executor claims face permanent ban, civil liability for damages, criminal referral, and disclosure in the Legacy Ledger (see § 23). NexudeIT reserves the right to refuse any request that appears fraudulent, even where the submitted documents are technically valid.
19. End-to-End Encrypted Content Posthumous Policy
End-to-end encrypted ("E2E") conversations on NexudeIT are protected with ECDH key exchange and AES-256-GCM ciphers whose private keys never leave the participating devices. As a consequence, no court order, executor authority, Legacy Contact designation, or NexudeIT administrator can recover the plaintext of E2E messagesafter a user's death. This is not a policy choice that can be reversed by request; it is a technical property of the system the deceased chose by using the Platform.
Which conversations are E2E.Not every conversation on NexudeIT is end-to-end encrypted. On the website, chat messages are end-to-end encrypted when both participants use the website's chat. The NexudeIT mobile app does not support end-to-end encryption yet: messages sent from the app are encrypted in transit and stored encrypted at rest with keys NexudeIT controls (Section 24). The statements in this Section about content that cannot be recovered apply only to E2E messages; all other messages are covered by the metadata-retention and deletion rules below and by Section 20. Those statements also do not cover a copy of a message kept for safety review because NexudeIT's automated screening flagged it when it was sent (Sections 16 and 24).
On confirmed death, NexudeIT retains conversation metadata (participant list, timestamps, message counts, attachment hashes) for 30 days for safety, abuse-review, and law-enforcement-cooperation purposes. After the 30-day window, all ciphertext is permanently deleted from primary storage and replication is purged from backups in the next backup-rotation cycle. The deletion is irreversible. Family members, executors, and Legacy Contacts will be advised of this policy before initiating any flow that might be expected to recover messages.
This section is consistent with the Stored Communications Act (18 U.S.C. § 2702) in the United States, the equivalent provisions of the UK Investigatory Powers Act 2016, and the EU's ePrivacy Directive (2002/58/EC) as transposed into national law. NexudeIT will produce non-content records (participants, timestamps, IP addresses to the extent retained) to a court of competent jurisdiction under SCA § 2703 or the equivalent foreign legal process, but cannot produce content it does not technically hold. Reasonable good-faith inability to comply with a content production order is documented for each case in the Audit Trail and provided to the requesting court.
A read-only disclosure of this policy is shown to every account holder when they configure a Legacy Contact, and the holder must acknowledge it once before the Legacy Contact onboarding flow can proceed. The disclosure is also surfaced in the Safety Centre guide at /guide/legacy-e2e-messages.
20. RUFADAA & GDPR Compliance Statement
RUFADAA (United States). NexudeIT complies with the Revised Uniform Fiduciary Access to Digital Assets Act in the 48 US states that have adopted it. The user's in-Platform Digital Will and Legacy Contact designations are treated as the "online tool" contemplated by RUFADAA § 4, and therefore override any contrary disposition in a paper will or trust document. Absent a user's in-Platform designation, a fiduciary (executor, conservator, trustee, or agent under a power of attorney that has not terminated at death) may obtain disclosure of the deceased's non-content records under the Transfer flow on presentation of court-issued Letters Testamentary or Letters of Administration. Disclosure of content (the substance of communications) requires a court order specifically naming the digital assets and the user, as required by RUFADAA § 7; and even where such an order is presented, NexudeIT cannot produce E2E ciphertext content because it holds no decryption keys — a technical impossibility that constitutes a good-faith inability to comply within the meaning of RUFADAA § 6. NexudeIT may charge reasonable administrative fees as permitted by § 16 of the Act, and reserves the right to apply state-specific overlays where a particular RUFADAA-adopting state has enacted variations.
GDPR Article 17 (European Economic Area & United Kingdom). The right to erasure under Article 17 of the General Data Protection Regulation does not, as a matter of EU law, extend automatically to deceased data subjects (Recital 27 leaves the post-mortem position to member-state law). NexudeIT honours valid Article 17 requests submitted by an executor or legal heir where the law of the deceased's last member-state of residence extends erasure rights post-mortem (for example, France and Spain extend such rights; Germany applies them more narrowly). For non-extending jurisdictions, NexudeIT will still process a deletion request under the voluntary policy described in § 18 of these Terms rather than as an Article 17 obligation. Erasure is completed within the 30-day fulfilment SLA required by Article 12(3), subject to the 45-day notification window required by § 18 and the legal-hold exemption in Article 17(3)(b) for anonymised tax and order records. A cryptographic deletion certificate satisfying the notification duty under Article 19 is issued to the requester on completion.
Stored Communications Act & conflict of laws.Where US-resident deceased and EU-resident deceased cases overlap (dual residency, expatriates, or US-citizen residents abroad), NexudeIT applies the law of the deceased's habitual residence at death as the primary governing law, supplemented by any mandatory provisions of the deceased's nationality. Conflict-of-laws determinations for borderline cases are escalated to NexudeIT's Tier 3 (Legal) admin reviewers, who may require additional documentation or a court declaration before proceeding.
21. Inactive Account Policy & Deemed Inactivity
Definition of inactivity. For the purposes of these Terms, an account is "inactive" when, for the user-configured inactivity threshold, none of the following events has been recorded against it: a successful login, a mobile-app open, an email open (where tracking pixels are permitted by the user's preferences), a push-notification interaction, a payment, a listing creation, or a bid placement. The default threshold is 18 months; users may configure any value from 3 to 36 monthsin Account → Security → Inactive Account Manager.
Pre-Memorial Hold. When the inactivity threshold is reached, NexudeIT begins a 60-day grace period with escalating notifications to the primary email, every verified alternate email, every nominated Legacy Contact, SMS to the verified phone number, and push notifications to every registered device. If no qualifying activity is recorded during the grace period, the account moves into Pre-Memorial Hold: active listings are paused, new auctions are blocked, the cart is preserved but checkout is suspended, subscriptions are paused without refund for the current paid period, and a final 30-day notice is issued.
Deemed inactivity is not a death declaration. The end of the 30-day final notice causes the account to transition to the Memorialised state, but this is an administrative presumption of unrecoverability, not a finding of death. The transition is reversible by the Life Proof flow for 90 daysfollowing the transition date (see § 18, Reversal of Erroneous Memorialisation). A live user who returns at any point during the 90-day window can restore their account to Active state with a video-call verification and government ID; outside the 90-day window, reversal requires a full court proceeding rather than the administrative process.
A single login, app-open, or paid transaction during any phase of the inactivity timeline cancels the timer, restores the account to Active state, and triggers a courtesy notification to all Legacy Contacts to advise them that the prior alert was a false alarm. NexudeIT will not invoke the inactivity flow against accounts with open auctions, unresolved escrow, or open Trust & Safety cases until those matters are independently resolved.
22. Loyalty Tier & Subscription Non-Transferability
The following items represent the personal trust history and platform contribution of an individual account holder, are not commercial assets, and do not transferto any beneficiary, executor, successor, Legacy Contact, or court-appointed party on the holder's death:
- Buyer loyalty tiers (Bronze, Silver, Gold, Diamond) and accumulated loyalty points
- Nova subscription benefits, founding-member status, and the associated badge
- Affiliate-programme standing, referral codes, and accrued non-paid commission
- Seller reputation, star ratings, review counts, and reputation badges
- The Founder Award (whose narrower, in-lifetime transfer rules are governed by § 32 of these Terms)
Rationale.These items reflect the holder's personal interactions with buyers, sellers, and the Platform. A successor has not earned the trust they represent, and allowing them to inherit would mislead future counterparties and dilute the meaning of the badges for the wider community.
Settlement on death. Unused, prepaid Nova subscription periods are pro-rata refundedto the executor on completion of the Transfer flow or the Delete flow. Affiliate earnings that have accrued and are due as of the date of death are paid out as a final payment under the user's configured payout method, in accordance with the Digital Will or, absent a Digital Will, to the executor on production of Letters Testamentary. Loyalty points are extinguished at the moment of confirmed death; they are not convertible to platform credit or refundable in cash. A small one-time platform credit (currently up to USD 50, adjustable at NexudeIT's discretion) may be issued to a Legacy Contact at sign-off as a goodwill gesture; this credit is not an entitlement.
23. False Death Claims — Civil & Criminal Liability
The submission of a falsified death certificate, a forged court order, a fabricated obituary, a fraudulent letter of testamentary, or any other knowingly false document in support of a Legacy Case constitutes fraud under the law of every jurisdiction in which NexudeIT operates. The same applies to a true document that is misappropriated (for example, the death certificate of a stranger used to claim an unrelated account), and to a sworn affidavit of authenticity that the requester knows to be untrue.
A confirmed false death claim will result in allof the following, at NexudeIT's sole discretion and to the maximum extent permitted by law:
- Permanent ban of the requester's NexudeIT account and any linked accounts on sister NexudeIT products (Marginalize, HuniWhisp, Kinstation)
- Civil liability for direct, consequential, and exemplary damages, including without limitation the cost of restoring the wrongly affected account, NexudeIT's reasonable legal fees, and any losses suffered by the legitimate account holder or by counterparties of that account
- Reversal of any transfers, payouts, or grants that flowed from the fraudulent claim, including clawback of escrow funds released to the fraudulent successor; the 25% escrow holdback retained under § 18 is the first source of funds for this clawback
- Criminal referral to the appropriate authority — the FBI in the United States, INTERPOL where cross-border, and equivalent national agencies elsewhere — for offences including wire fraud, identity theft, document forgery, and (where applicable) elder abuse
- Publication of the case in the public Legacy Ledger as a confirmed fraud entry, anonymised as to the legitimate account holder but disclosing the case ID, jurisdiction, decision date, and disposition
- Sharing of IP, device fingerprint, and behavioural-pattern data with the relevant authority for use in any criminal investigation
NexudeIT cooperates fully with law enforcement on confirmed fraudulent claims and treats false-death fraud as one of the highest-severity violations under these Terms. Reporting suspected false death claims to NexudeIT in good faith is encouraged and is protected; bad-faith counter-reports against legitimate executors will themselves be treated as Section 15 violations.
24. 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 (payment processing itself is handled by Stripe, PayPal, or Square under their own 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.
End-to-end encryption.On the website, chat messages are also end-to-end encrypted, using ECDH key exchange and AES-256-GCM, when both participants use the website's chat: the keys stay in their browsers, and NexudeIT stores those messages only as ciphertext it cannot read. When a message is sent from the website, its text also reaches NexudeIT's servers over the encrypted connection so that the automated safety screening described in Section 16 can check it; that text is not stored unless the screening flags the message, in which case a copy may be kept for safety review. The NexudeIT mobile app does not support end-to-end encryption yet. Messages sent from the app are encrypted in transit (HTTPS/TLS) and stored encrypted at rest as described above, with keys NexudeIT controls, and end-to-end encrypted messages sent from the website appear locked in the app.
25. Privacy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
26. 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.
27. 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.
28. 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.
29. 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 4a (Open Beta Program, as to feedback, fees, and off-platform dealings), 8 (Payments), 9 (Returns), 14 (Intellectual Property), 14a (Trademarks), 14b (Proprietary Features), 15b (User Content Licence), 16e (Auction Settlement & Binding Bids), 16f (Auction Swap, Barter & Tax Disclosure), 17 (Marginalize Extension), 18 (Deceased Users & Account Succession), 19 (E2E Posthumous Policy), 20 (RUFADAA & GDPR), 21 (Inactive Account Policy), 22 (Loyalty Non-Transferability), 23 (False Death Claims), 24 (Data Encryption), 25 (Privacy), 26 (Limitation of Liability), 27 (Disclaimer), 28 (Indemnification), 29a (Non-Transferability), 31 (Governing Law), and 37-37f (general provisions).
29a. 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 32 for the specific, narrower rules governing Founder Award transfers.
On death or incapacity. Post-mortem account handling is governed in detail by Sections 18 through 23 of these Terms (Deceased Users, Legacy Contacts, and Account Succession). An estate representative or pre-registered Legacy Contact may initiate a Memorialize, Transfer, Data-Only Export, or Delete request at /support/legacy-request, or by emailing [email protected] with documentation (certified death certificate, letters of administration, or equivalent). NexudeIT will act in accordance with applicable probate and data-protection law, including the post-mortem privacy protections for end-to-end encrypted messages described in Section 19.
30. 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.
31. 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 New Jersey, where Nexude LLC is organized (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 37a (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.
32. Founder Award
The Founder Award is granted to early Nova Premium members and, while founding-seller spots remain, to sellers when they open a store on the Platform (the number of spots remaining is shown on the Platform), including during the Open Beta (Section 4a). It 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
33. 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
34. 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
- The names, email addresses, and phone numbers of the contacts you add are encrypted with AES-256-GCM before storage, so our database holds only encrypted values, not 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
35. 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.
36. 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
- 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
- "Your Week" Recap: NexudeIT may show you a personalised weekly recap ("Your Week") summarising your own recent activity on the Platform — for example, items you viewed, saved, bid on, or purchased, stores you followed, and notifications you received. The recap is generated from your own account activity for your benefit alone; it does not create any new sharing of your data, does not disclose your activity to other users or to advertisers, and introduces no new data collection beyond the activity NexudeIT already records to operate the Platform (see our Privacy Policy). The recap is informational and may be inaccurate, incomplete, or unavailable; it is not a system of record. You may dismiss it, and where a toggle is offered, opt out of seeing it
- Share-cart (Shared Cart Selections): NexudeIT may let you share a link to a set of cart selections so that another person can view or copy the same items into their own cart. Share-cart is a convenience for sharing product choices, not a price quote or a reservation. The following apply: (a) prices, availability, taxes, shipping, and any promotion are always re-evaluated live at checkout for the person checking out — the figures shown when a cart was shared are not guaranteed and may change, and items may sell out, expire, or become unavailable, exactly as described in Section 12; (b) a shared cart link carries no buyer personal information — it conveys only the product selections and does not expose the sharer's identity, account, contact details, addresses, or payment information; (c) the recipient checks out as themselves, under their own account, payment method, and these Terms, and is solely responsible for their own order; and (d) NexudeIT is not liable for a sharer's selections — the choice of items in a shared cart is made by the sharer, and NexudeIT does not endorse, verify, or take responsibility for what another user puts in a cart they share with you
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 26 (Limitation of Liability).
37. 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.
37a. 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 31, 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.
37b. 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.
37c. 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.
37d. 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.
37e. 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.
37f. 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".
37g. 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. The platform-wide Open Beta is not a Beta Program: it is governed by Section 4a, and the reset and migration rules below do not apply to accounts, stores, or listings created during it.
- 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 26 and 27 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
37h. In-App Feedback Collection
NexudeIT provides in-app feedback forms: the Feedback and Report Bug options on the floating chat button shown on most screens while you are signed in, the feedback form in the open beta guide, and Send feedback on the Account tab of the mobile app. When you submit feedback through them:
- What we collect. The subject and text of your message; a screenshot, where the form offers one and you choose to attach it; your account identifier (feedback can only be sent while signed in) so we can reply; the time it was sent; and, for feedback sent from the mobile app, the name of the screen it was sent from. 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)
37i. Privacy Assurance
NexudeIT puts the following privacy protections in place by default for every user, regardless of plan or paid status:
- Encrypted buyer–seller messaging. On the website, chat is end-to-end encrypted with ECDH key exchange and AES-256-GCM when both people use the website's chat, and NexudeIT stores those messages only in a form its staff cannot read (we can see metadata such as participants and timestamps for trust-and-safety enforcement, and messages are screened automatically for safety as they are sent). Messages sent from the mobile app are encrypted in transit and at rest but are not yet end-to-end encrypted (Section 24)
- PBKDF2-SHA256 password hashing with 200,000 iterations and unique salts — we never store plaintext passwords
- Contact details encrypted at rest — phone numbers, shipping addresses, the contacts you add, and similar fields are encrypted in the database with AES-256-GCM (your account email address is not, because it is used to sign you in)
- HTTPS/TLS in transit everywhere, including all API endpoints, the mobile app, and the asset CDN
- Two-factor sign-in available — once you turn it on (on the website, under Account → Account Manager → Security & privacy), every sign-in on the website or in the mobile app also needs a one-time code that we email to you
- 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.
38. Contact
For questions about these Terms, please visit our Contact page (no account needed) or email [email protected].
