Legal

Terms of Service

The terms that apply when you use our website, buy our services or subscribe to our software.

Last updated: November 3, 2026

These Terms of Service ("Terms") are an agreement between you (the "Client" or "you") and Nexta Solutions LLC, a New Mexico limited liability company (New Mexico filing no. 3242578), with its mailing address at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA ("Nexta", "we", "us"). They apply to our website at nexta.solutions, our marketing, AI and web development services ("Services") and our software subscriptions ("Software"). By using our website, accepting a proposal, or paying an invoice, you agree to these Terms. If you accept on behalf of a company, you confirm you are authorised to bind it.

1. Orders and scope

The scope, deliverables, timeline and fees for each engagement are set out in a proposal, order form, statement of work or invoice (an "Order"). If an Order conflicts with these Terms, the Order applies for that engagement. Work that is not described in an Order is out of scope and will be quoted separately before we begin it.

2. Marketing and AI campaign services

  • We plan, create, manage and report on advertising, search, social, email and automation campaigns as described in your Order.
  • We may use artificial intelligence tools to draft copy, generate images or video, analyse data and forecast budgets. We review AI-generated material before it is shown to you, and nothing is published or launched without your approval, unless you tell us in writing that we may publish without it.
  • Once you approve material, you are responsible for its claims and content, including making sure it is accurate and complies with laws and platform policies that apply to your business (for example health, financial or regulated-product claims).
  • Advertising spend is paid by you directly to the advertising platform through accounts in your name. We are not responsible for platform charges, ad rejections, account restrictions, algorithm changes or outages.

3. AI agents and chatbots

  • An AI agent answers people automatically using information you provide (for example services, prices, opening hours and policies). You are responsible for keeping that information accurate and for telling us when it changes.
  • AI systems can make mistakes. An AI agent should not be relied on for medical, legal, financial or emergency advice, and you agree not to deploy it for those purposes. We configure agents to hand over to a person when they cannot answer confidently, but we do not guarantee every reply is correct.
  • You are responsible for telling your customers they are talking to an automated assistant where the law requires it, and for having a lawful basis to collect the personal data the agent gathers. We process that data on your behalf as described in our Privacy Policy.

4. Custom websites and development projects

  • Process. Projects normally run through discovery, design, build, review and launch. Each Order states how many rounds of revisions are included (two rounds per stage unless stated otherwise).
  • Your materials. You agree to provide content, images, logos, access and feedback on time. Delays in providing them may move the timeline. If a project is paused by you for more than 30 days, we may invoice for work completed and reschedule the rest.
  • Acceptance. A deliverable is accepted when you approve it or when it goes live at your request. If you do not raise issues within 10 business days of delivery, it is treated as accepted.
  • Changes. Requests that change the agreed scope are handled as a written change request with a separate price and timeline.
  • Warranty. For 30 days after launch we fix, at no charge, any bugs that stop the website working as specified. This does not cover changes made by others, third-party plugins or services, or new features.
  • Third-party costs. Domains, premium themes, plugins, fonts, stock media and platform subscriptions (for example Shopify) are paid by you unless the Order says otherwise.

5. Software subscriptions

Our Software (including Nexta AI Agent, Nexta Reports, Nexta Sites and Nexta Automations) is provided as a subscription. During your subscription you have a non-exclusive, non-transferable right to use the Software for your own business. Subscriptions renew automatically at the end of each billing period until cancelled. Usage limits are listed on our pricing page or in your Order; if you regularly exceed them, we will suggest a suitable plan before charging more. We may update and improve the Software over time, and we will give at least 30 days' notice of any price change.

6. Acceptable use

You agree not to use our Services or Software to send spam, promote illegal products or services, mislead or discriminate against people, infringe anyone's rights, upload malicious code, or try to access systems or data you are not authorised to access. We may suspend work or access if you break this section, and we will tell you why.

7. Fees, invoices and payment

  • Monthly plans and subscriptions are billed in advance at the start of each billing period.
  • Projects are billed as set out in the Order. Unless stated otherwise, 50% is due before work begins and 50% on delivery. Larger projects may be billed in milestones.
  • Prices are in US dollars and exclude taxes, bank charges and currency conversion fees, which you are responsible for.
  • Invoices are due within 7 days. If an invoice is more than 14 days overdue, we may pause work or access to the Software until it is paid.
  • Please contact us before disputing a charge with your bank, so we can resolve it quickly.

8. Your responsibilities

You agree to give us timely access, information and approvals, to keep your account credentials secure, and to make sure you have the rights to any materials you give us (such as logos, images, text and customer data).

9. Results

Marketing results depend on factors outside our control, including your product, pricing, competition, market conditions and the decisions of third-party platforms. We commit to careful, professional work, but we do not guarantee specific rankings, traffic, leads, sales or returns. Any forecasts we share are estimates, not promises.

10. Ownership

  • When you have paid in full, you own the final deliverables we create specifically for you, such as ad creatives, written content, website designs and the code written specifically for your website.
  • We keep ownership of our Software, internal tools, templates, frameworks and know-how. Where these are part of a deliverable, you receive a perpetual licence to use them as part of that deliverable.
  • Third-party materials (such as open-source code, stock media, fonts or platform features) remain subject to their own licences.
  • Ad accounts, analytics properties, domains and similar accounts are set up in your name and belong to you.
  • We may mention you as a client and show non-confidential work in our portfolio, unless you ask us not to.

11. Confidentiality and data

Each party will keep the other's non-public business information confidential and use it only to perform under these Terms. When we handle personal data for you (for example leads, customer lists or AI agent conversations), we act on your instructions, use it only to provide the Services, protect it with reasonable security measures, and delete or return it when our work ends, unless the law requires us to keep it. We will sign a data processing agreement on request.

12. Term, cancellation and suspension

Monthly marketing plans can be cancelled with 30 days' written notice. Software subscriptions can be cancelled at any time and end at the close of the current billing period. Either party may end an engagement immediately if the other materially breaches these Terms and does not fix the breach within 10 days of written notice. Refunds are covered by our Refund Policy. When an engagement ends, we will hand over your accounts, files and data within 14 days of receiving payment of any outstanding invoices.

13. Warranties and disclaimer

We will perform the Services with reasonable skill and care. Apart from that, and to the fullest extent the law allows, the Services and Software are provided "as is" and "as available", without other warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Services or Software is limited to the fees you paid us in the three months before the claim arose. These limits do not apply to liability that cannot be limited by law.

15. Indemnity

You agree to cover our reasonable losses and costs from third-party claims arising from content, claims or materials you provided or approved, or from your use of the Services in breach of these Terms or the law.

16. General

  • Independent parties. We act as an independent contractor. Nothing in these Terms creates a partnership, employment or agency relationship.
  • Subcontractors. We may use trusted subcontractors and service providers, and we remain responsible for their work.
  • Events outside our control. Neither party is responsible for delays caused by events beyond its reasonable control, such as outages of third-party platforms, natural disasters or government action.
  • Assignment. Neither party may transfer these Terms without the other's consent, except as part of a merger or sale of its business.
  • Entire agreement. These Terms and any Order are the entire agreement between us about their subject and replace earlier discussions.
  • Notices. Notices must be sent by email to contact@nexta.solutions (for us) or to the email address on your Order (for you).

17. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-law rules. If a dispute arises, we both agree to first try to resolve it informally by email for at least 30 days. If it is not resolved, it will be decided by the state or federal courts located in New Mexico, and both parties accept their jurisdiction.

18. Changes to these Terms

We may update these Terms from time to time. The latest version will always be on this page with the date it was last updated. Changes do not apply to an Order already in progress unless you agree to them.

19. Contact

Nexta Solutions LLC
1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA
contact@nexta.solutions ยท +1 803-471-7127