Please read these terms carefully before using our services.
Nexby AI Solutions Private Limited (“Nexby AI” “we” “us” and/or “our”) provides the proprietary website and mobile application (“Application”) and online software platform (“Platform”) that enables users to professionally shortlist, manage and conduct interview steps (“Service”). The term “Services” as used throughout this Terms of Service Agreement (“Agreement”), means the Application, Platform and/or any services that Nexby AI provides to the Customer and end user in connection with the Application and/or Platform.
To use certain features of the Services, you may be required to create an account. You agree to provide accurate and complete information when creating an account, and to keep your account information up-to-date.
As used in this Agreement, the term “Customer” means the individual, organization and/or entity specified on the applicable order form or any document submitted by, or on behalf of, such individual, organization and/or entity for the purchase of packages to access the artificial intelligence based Services on Platform developed by us.
As used in this Agreement, the term “End User” means the individuals who shall register themselves on the Application and/or Platform for obtaining jobs or to provide their professional services to the Customer in lieu of consideration payable to them.
IMPORTANT – Please read this agreement CAREFULLY. THIS AGREEMENT sets forth the legally binding terms that GOVERN THE USE OF THE SERVICES. BY SUBMITTING AN ORDER FORM TO PURCHASE PACKAGE TO USE THE SERVICES, OR BY CLICKING “I ACCEPT” “CREATE” OR OTHERWISE PROCEEDING WITH THE USE OF THE SERVICES YOU: (1) acknowledge that YOU have read, understand, and agree to be bound by this Agreement (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW); (2) represent that Customer and End User is eligible to enter into this Agreement pursuant to the eligibility requirements set forth below; (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW), ON BEHALF OF THE CUSTOMER AND/OR END USER; AND (4) AGREE THAT CUSTOMER AND/OR END USER IS ENTERING INTO THIS AGREEMENT WITH NEXBY AI.
Please be advised that Nexby AI does not provide warranties for the Services and output is based on machine learning and Nexby AI does not take any liability and/or responsibility generated through Platform and/or Application. The output generated by Platform and/or Application is information and indicative only and is not binding on Customer and/or End User in any manner. The decision making power shall at all times vest with the Customer and/or End User, as the case may be. This Agreement limits our liability.
IF CUSTOMER AND/OR END USER DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, OR CUSTOMER AND/OR END USER DO NOT HAVE AUTHORITY TO BIND TO THIS AGREEMENT OR CUSTOMER AND/OR END USER DOES NOT MEET THE ELIGIBILITY REQUIREMENTS, DO NOT PURCHASE PACKAGES OR OTHERWISE ACCESS OR USE THE SERVICES OR ANY PART THEREOF THEN NEXBY AI SHALL NOT BE HELD RESPONSIBLE IN ANY MANNER.
1.1. Customer and/or end user must be at least 18 years of age or the age of majority in Customer’s jurisdiction or legally identified as a legal person. Customer and/or end user affirms and represents and warrants that Customer and/or end user is 18 years old or the age of majority in Customer’s jurisdiction or legally identified person, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In addition, the Services are not intended for use by individuals under the age of 18, or the equivalent minimum age in the relevant jurisdiction. Customer and/or end user must ensure, and represents and warrants, that each Authorized User is at least 18 years of age, or the equivalent minimum age in the relevant jurisdiction. Any use or access to Services (or any part thereof) by Customer and/or any Authorized User and/or End User that does not meet the eligibility requirements set forth in this Section is strictly prohibited and is a material violation of this Agreement.
2.1. Accounts To access and use the Services, Customer is required to register an account (“Account”).
2.2. Each Authorized User shall be required to register as an authorized user of Customer’s Account. Customer agrees to, and shall ensure that its Authorized Users, provide and maintain up to date information that is true, accurate, current, up to date, and complete. Customer agrees that it will not, and will not permit any Authorized User or other third party to:
2.2.1. create an Account or sign up to access the Services using a false identity or fictitious name or information, and/or
2.2.2. create an Account or use Services if Customer has been previously removed or banned from use by Nexby AI.
2.3. Customer understands and agrees that Customer is solely responsible for maintaining the confidentiality of and protecting Customer’s and its Authorized User’s password for the Account.
2.4. Customer is solely responsible for any activity originating from Customer’s Account, including, without limitation, any of its Authorized User’s Accounts, regardless of whether such activity is authorized by Customer.
2.5. Customer agrees to notify Nexby AI immediately of any unauthorized use of or access to Customer’s Account or Accounts of any of its Authorized Users.
2.6. Administrators; Authorized Users. Customer may designate, at its own costs, an administrator or administrators (each, an “Administrator”) to administer and manage Customer’s Account, which includes, without limitation, the right to invite Customer’s employees, contractors, and/or agents, to access and use Services as an Authorized User under Customer’s Account (“Authorized User”). For the avoidance of doubt, the term “Authorized Users” as used in this Agreement, includes Administrators.
2.7. As and when implemented by Nexby AI, an Administrator may set certain permissions and access rights to each Authorized User (“Permissions”).
2.8. Customer acknowledges and agrees that depending on the Permissions granted to an Authorized User, such Authorized User may:
2.8.1. subsequently invite or enable other Authorized Users with the same access and ability to use Services, and such additional Authorized User will be deemed an Authorized User of the Account; and/or
2.8.2. have the ability to view Customer Data that is connected to the Account.
2.9. Customer acknowledges and agrees that Customer is solely responsible and liable for inviting Authorized Users and the Permissions granted to Authorized Users by the Administrator(s) of the Account.
2.10. Customer shall not permit any person other than Authorized Users to access and use the Service, and shall ensure that Authorized Users use the Services solely in accordance with this Agreement.
2.11. Customer acknowledges and agrees that Customer is solely responsible for the use of the Services by Authorized Users, and any breach of this Agreement by any Authorized User will be deemed a breach by Customer.
2.12. Packages. Nexby AI will provide Customer and its Authorized Users access to the Services in accordance with the packages purchased by Customer from Nexby AI (“Packages”).
2.13. Each Packages shall begin on the date Customer obtained the Packages, or on the start date specified in the applicable written or electronic order form entered into between order form or upon receipt of payment whichever is later and continue for the applicable subscription period (e.g., monthly or annually or any specific project) selected by Customer for such Packages (“Subscription Term”).
2.14. The Subscription Term shall expire on completion of the project/assignment or Subscription Term.
2.15. License. Subject to Customer’s compliance with the terms and conditions of this Agreement, including payment of all applicable fees and payment for Packages, Nexby AI grants Customer a personal, non-sub-licensable, exclusive, non-transferable, limited license, solely during the Subscription Term, as applicable, and subject to the permitted users and/or other applicable usage limits of the Packages and/or or any other restrictions specified in the user manuals, Packages or documentation, applicable order form, or in writing by Nexby AI regarding the scope of use of Services by Customer and/or its Authorized Users (collectively, the “Usage Parameters”):
2.15.1. to install and execute, and permit Authorized Users to install and execute, in object code form only, the Application on computers owned and/or controlled by Customer or the applicable Authorized User, and to access and use the Services, over the internet, using the Application or Platform; and/or
2.15.2. to access and use, and permit Authorized Users to access and use, the Services using the Application or Platform, over the internet, in each case set forth in aforesaid clause, solely for Customer’s internal business or personal purposes and in accordance with the terms of this Agreement.
2.15.3. Customer acknowledges and agrees that Customer will comply with all laws, rules, and regulations applicable to the use of Services.
2.16. Restrictions and Prohibited Uses. Customer shall not permit any third party (including, without limitation, any Authorized User) to:
2.16.1. modify, alter, tamper with, repair, or otherwise create derivative works of Services or any part thereof;
2.16.2. reverse engineer, disassemble, or decompile the Services or any part thereof, or apply any other process or procedure to derive the source code of any software included in, or any underlying technology of, the Services or any part thereof;
2.16.3. distribute, license, assign, transfer, resell, sublicense or otherwise make available to any third party the Services, or any part thereof;
2.16.4. attempt to disable or circumvent any security mechanisms used by the Services (including, without limitation, any time-control disabling functionality or other mechanisms in the Trial Version);
2.16.5. use the Services to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or content that is false, inaccurate, illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in Nexby AI’s reasonable opinion, or to store, transmit or upload any material or content in violation of third-party privacy rights;
2.16.6. upload or otherwise process any infringing or malicious content to or through the Services;
2.16.7. attempt to gain unauthorized access to Services, or any related systems or networks;
2.16.8. frame or utilize framing techniques to enclose the Services or any portion thereof;
2.16.9. use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Services or any part thereof, including, without limitation any content, or any personal information of others without Nexby AI’s prior written permission or authorization;
2.16.10. use the Services to hack, spam, or phish Nexby AI or any third party (including, without limitation Nexby AI’s other users);
2.16.11. impersonate any person or entity, use a fictitious name, or falsely state or otherwise misrepresent Customer’s affiliation with any person or entity, including without limitation, Customer or Nexby AI;
2.16.12. remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Nexby AI or its suppliers on or within the Services and/or any related documentation; or
2.16.13. access or use the Services in violation of any applicable local, state, national or international laws, rules or regulations. The Services, Platform and/or Application may have storage and other limitations.
2.17. Open Source Components. The Application and/or Platform may contain third party open source software components (“Open Source Components”) or any third party paid source software components (“Paid Source Components”) collectively to be referred as “Components”. Such Components are not licensed under this Agreement, but are instead licensed under the terms of the applicable Components’ license and their terms and conditions are applicable on us and also upon the Customer and/or End User. Notwithstanding any provision herein to the contrary, Customer and/or End User are solely responsible for its compliance with such licenses as used in this Agreement.
2.18. Third Party Integrations. The Application or Platform may offer integrations that enable Customer and/or End User the ability to connect with or use certain third party products, applications, services or software, including, without limitation, generative artificial intelligence (AI) or other machine learning (ML) products and services, or features or functionality thereof, through or in connection with the use of the Application or Platform (collectively, “Third Party Integrations”) and Customer and/or End User shall be bound by the policies applicable to Nexby AI.
2.18.1. If Customer decides to access and use such Third Party Integrations, Customer’s use of such Third Party Integrations is governed solely by the terms and conditions, terms of use, terms of service, or similar end user agreements, and any other applicable policies governing the use of such Third Party Integrations. NEXBY AI DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH, OR IN CONNECTION WITH, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTEGRATIONS), AND NEXBY AI WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN CUSTOMER AND ANY THIRD- PARTY PROVIDERS OF SUCH THIRD PARTY PRODUCTS OR SERVICES AND/OR THIRD PARTY INTEGRATIONS.
2.19. Proprietary Rights. This Agreement does not transfer any right, title or interest in any intellectual property right to the other, except as expressly set forth in this Agreement. Nexby AI and/or its licensors shall own and retain all rights, title and interest in and to:
2.19.1. any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including, without limitation, any presentation templates, but excluding Customer Content and Customer Data,
2.19.2. the Services, including, without limitation, the Platform, Application, and Documentation, and
2.19.3. any and all modifications, enhancements and updates to the items listed above.
2.19.4. There are no implied rights. Nexby AI reserves all rights not expressly granted herein. Customer acknowledges that any ideas, inventions, suggestions for improvement or discussions submitted by Customer and/or its Authorized Users or End User regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by Nexby AI without compensation or attribution to Customer or any Authorized User or End User and Customer and/or End User hereby grants to Nexby AI, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, non-sublicensable and transferable license under all intellectual property rights in and to the Feedback for Nexby AI to use for any purpose.
3.1. Customer and End User Data. Customer and End User understands and agrees that Nexby AI may collect data and information, which may include Personal Data (as defined below), in connection with Customer and/or End User use of the Service (collectively, “Customer Data”). Customer and/or End User grants to Nexby AI a non-exclusive, royalty-free, fully-paid, worldwide license, under all of Customer’s intellectual property and proprietary rights, to any and all Customer Data reasonably necessary for Nexby AI to provide Customer and/or End User the Services hereunder. Notwithstanding the foregoing, Customer and/or End User acknowledges and agrees that Nexby AI may use and exploit any aggregated non-personally identifiable data or information collected or obtained from Customer and/or End User use of the Services for any purpose.
3.2. Personal Data. Customer and/or End User acknowledges and agrees that, as between the parties, with respect to the collection, transmission, disclosure, processing and/or use of any personally identifiable data and/or information through or in connection with the use of the Services (“Personal Data”), that is subject to any applicable laws, rules, or regulations pertaining to data privacy or data security (“Data Protection Laws”),
3.3. Customer is the data controller and Nexby AI is merely a data processor and/or service provider, as such terms are defined, pursuant to Data Protection Laws. Customer represents and warrants that with respect to any Customer Data (including, without limitation, Personal Data) transmitted, hosted, stored or processed, or otherwise provided by Customer and/or End User to Nexby AI in connection with the use of the Services and any such Personal Data as may be necessary shall be shared with third parties for efficient discharge of Services solely. Nexby AI shall not be in any manner responsible for Personal Data shared with third parties in any manner and Customer and/or End Users shall they shall be solely responsible to delete the same, if they deem fit and necessary at their sole costs.
3.4. Customer Content. Customer is solely responsible for the development, content, operation, maintenance, and use of any, content, materials, presentation slides, and/or any other information submitted, uploaded, generated or provided by or on behalf of Customer and/or any Authorized Users in connection with the use of Services (collectively, “Customer Content”).
3.4.1. Customer shall ensure that Customer Content, and the use of it by Customer and Authorized Users, complies with this Agreement and any applicable laws, rules or regulations.
3.5. Responsibility. Customer is responsible for properly configuring and using the Services and taking steps to maintain appropriate security, protection of Customer Data and Customer Content.
3.5.1. Customer acknowledges and agrees that Customer is solely responsible for Customer Content, including its legality, reliability, accuracy and appropriateness, and determining who will receive access or copies to Customer Content.
3.5.2. Customer represents and warrants that Customer will not, and will not permit any third party (including, without limitation, any Authorized User) to use the Services to store or process protected health information or sensitive data and/or information, or any other data or information that Customer does not have the legal right to process or store.
4.1. Fees. Customer shall pay the applicable fees, if any, for the Packages obtained by Customer.
4.2. Except as otherwise set forth in this Agreement, the fees payable by Customer for the Packages will remain fixed during the Subscription Term unless Customer:
4.2.1. exceeds the Usage Parameters,
4.2.2. upgrades the Packages and/or increases the Usage Parameters, and/or
4.2.3. subscribes to additional features or products.
4.3. In the event a price change applies, Customer will be charged forthwith. For the avoidance of doubt, Customer acknowledges and agrees that any downgrade to the Packages shall not take effect until the next renewal date of the applicable Subscription Term, regardless of Customer’s billing cycle for such Packages (i.e. for monthly Packages, prior to the start of the next month, and for annual Packages, prior to the start of the next year). Packages shall renew at Nexby AI’s then-current pricing for such Packages.
4.4. Payment Terms. All fees are due and payable by Customer in advance, unless otherwise expressly and mutually agreed to by Customer and Nexby AI in writing.
4.4.1. Customer expressly agrees that Nexby AI is permitted to bill Customer the applicable fees, any applicable tax and any other charges Customer may incur with Nexby AI in connection with such Packages, and Customer hereby authorizes Nexby AI to charge the fees to the credit card, or other payment method, Customer provides at the time the Packages is purchased, in accordance with the billing terms in effect at the time a fee or charge is due and payable.
4.4.2. All fees are non-refundable, non-transferable and non-cancellable.
4.5. If payment is not received or cannot be charged to Customer for any reason in advance, Nexby AI reserves the right to suspend or terminate Customer’s and its Authorized User’s access to Services, downgrade the Packages and/or terminate this Agreement.
4.6. Taxes. The fees are inclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”), and Customer is and shall be responsible for payment of all such taxes (other than taxes based on Nexby AI’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of Services, or performance of any services by Nexby AI hereunder.
5. TERM; TERMINATION; CHANGES TO THE SERVICES
5.1. Term. The term of this Agreement commences when Customer accepts this Agreement (such as by creating an account) and will remain in effect during the Subscription Term (including any renewal thereof), or until terminated in accordance with this Agreement (whichever is sooner).
5.2. Termination; Suspension. Customer may terminate this Agreement at any time by cancelling Customer's Account. If, in Nexby AI, in good faith, believes that Customer and/or any Authorized User has used the Services (or any part thereof) in violation of this Agreement, including any incorporated guidelines, terms or rules, Nexby AI may:
5.2.1. suspend Customer's and/or any Authorized User's access to the Services (or any part thereof), and/or
5.2.2. terminate this Agreement immediately even without written notice to Customer.
5.3. Santization. In case, Customer and/or End User fails to login on the Application or Platform for a continuous period of 6 (six) months then Nexby AI at its sole discretion delete the Account of Customer and/or End User along with all Personal Data without any prior notice to the Customer and/or End User.
5.4. Effect of Termination. Upon termination of this Agreement:
5.4.1. the rights and access granted to Customer and/or End User under this Agreement shall immediately be terminated and Customer and/or End User shall cease, and ensure its Authorized Users cease, using the Services, Platform and Application, and
5.4.2. all fees for the remainder of Customer's Packages as of the effective date of termination shall immediately become due and payable.
5.4.3. Customer is solely responsible for deleting or retrieving Customer Content from the Services and third parties and Components prior to termination for any reason.
5.5. Changes to the Services. Customer understands and agrees that Nexby AI may change, suspend or discontinue any part of Services and/or the Services as a whole. Nexby AI will notify Customer of any material change to or discontinuation of Services by email or via Nexby AI's website. Customer acknowledges and agrees that Nexby AI will not be liable to Customer or to any third party (including, without limitation, any Authorized User) for any modification, suspension or discontinuance of Services (or any part thereof).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, OR ARISING FROM LOSS OF USE, CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF NEXBY AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY FOR ANY PERMITTED DIRECT DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (I) LIABILITY IN THE TWELVE (12) MONTH PERIOD PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM OR LIABILITY, OR (II) RS. 5,000/- (RUPEES FIVE THOUSAND ONLY). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (B) CUSTOMER’S MISUSE OF NEXBY AI’S INTELLECTUAL PROPERTY OR ITS INDEMNIFICATION OBLIGATIONS, (C), CUSTOMER’S VIOLATION OF ANY APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, ANY DATA PROTECTION LAWS, OR (D) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL APPLY NOTWITHSTANDING NEXBY AI DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS AFFILIATES, LICENSORS AND SUPPLIERS.
THIS AGREEMENT AND THE RELATIONSHIP BETWEEN THE PARTIES HERETO SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF INDIA. THE COURTS IN MUMBAI SHALL HAVE EXCLUSIVE JURISDICTION IN RELATION TO ALL MATTERS ARISING OUT OF THIS AGREEMENT. EACH PARTY SHALL BE ENTITLED TO SEEK SUCH INJUNCTIVE RELIEF AS MAY BE DEEMED PROPER BY COURT OF COMPETENT JURISDICTION IN MUMBAI IN ADDITION TO OTHER REMEDIES AVAILABLE TO IT.
9.1. Customer Indemnity. Customer shall defend, indemnify, and hold harmless Nexby AI, Nexby AI's affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
9.1.1. Customer's and its Authorized Users' use of Services (including any activities under Customer's Account and/or Authorized Users' Accounts);
9.1.2. Customer's and/or any Authorized User breach of this Agreement or any license applicable to any Open Source Components,
9.1.3. Customer's violation of applicable law, rules or regulations, including, without limitation, any Data Protection Laws;
9.1.4. Customer Content, or the combination of Customer Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Customer Content or by the use, development, design, production, advertising or marketing of Customer Content;
9.1.5. Customer Data; or
9.1.6. arising from Customer's or its Authorized Users' use of any Third Party Integrations (including, any AI Features).
Customer and/or End User acknowledges and agrees that Nexby AI will have no responsibility or liability of any kind under this Agreement, arising or resulting from: (a) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Nexby AI; (b) nonconformities resulting from Customer’s, any Authorized Users’, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of Services; (c) modification, amendment, revision, or change to Services (or any part thereof) by any person other than Nexby AI; or (d) any other factor outside of Nexby AI’s reasonable control.
11.1. Miscellaneous. Nexby AI and Customer are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. Customer may not assign this Agreement, or delegate or sublicense any of its rights under this Agreement, without Nexby AI's prior written consent. Nexby AI's failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Nexby AI's right to enforce such provision at a later time. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect.
11.2. Entire Agreement. This Agreement is the entire agreement between Customer and Nexby AI regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Customer and Nexby AI, whether written or verbal, regarding the subject matter of this Agreement.
11.3. Notice. All communications and notices to be made or given pursuant to this Agreement must be in English. Nexby AI may provide any notice to Customer under this Agreement by posting a notice in Services or sending a message to the email address associated with the Customer's Account. Customer will be deemed to have received any email sent to the email address then associated with Customer's Account when Nexby AI sends the email, whether or not Customer actually receive the email. To give Nexby AI notice under this Agreement, Customer must (1) email Nexby AI at legal@nexby.ai. By using the Services, Customer consents to receiving electronic communications from Nexby AI and Customer agrees that any notices, agreements, disclosures or other communications that we send Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
11.4. Force Majeure. Nexby AI is not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Nexby AI's reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine, shelter in place or other orders and/or restrictions.
11.5. Amendments. Nexby AI reserves the right to update or modify this Agreement at any time. The revised version of this Agreement will be posted on our site at www.nexby.ai (“Site”) and will be effective on the day posted, except as otherwise stated in this Section.
11.6. If we make any material changes to this Agreement, we will notify Customer by sending a notification to the email address we have on file for Customer, or, if we do not have an email address on file, by posting a notice of the changes on the Site and through the user interface of Services. It is Customer's responsibility to regularly visit and review this Agreement. If Customer does not agree to any updates or modifications to this Agreement, Customer may terminate its Account and cease access and use of Services. Customer's or any Authorized User's continued use of Services, after we have posted the updated Agreement, or, in the event of material changes, ten (10) days following the date we first notified Customer of such material changes either through email or the date we posted the notice of such changes on the Site or through the user interface of Services, signifies Customer's acknowledgment and agreement to be bound by the revised Agreement. Nexby AI last updated this Agreement on the date listed at the beginning of this Agreement.
Please feel free to contact us at legal@nexby.ai if you have any questions about this Agreement.