Terms of service
1. Acceptance
By creating an account on or using the NEXERA PXM service ("Service"), you agree to these Terms of Service ("Terms") with DEED B.V. (DEED Vision division), a company incorporated in the Netherlands (KVK 73419583) with registered office at Boven de Wolfskuil 20, 6049 LZ Herten ("we", "us", "our"). If you are entering into these Terms on behalf of a company, you confirm that you have the authority to bind that company.
2. The service
The Service is a software-as-a-service product experience management platform that lets you store, enrich and syndicate product data across channels. The Service is provided "as-is" and we may update, add or remove features at our discretion. We aim for high availability but do not guarantee specific uptime unless agreed in a separate service-level agreement.
3. Your account
You are responsible for keeping your account credentials confidential and for all activity under your account. Notify us immediately at security@nexerapxm.com if you believe your account has been compromised. You must be at least 16 years old to create an account. The Service is intended for business use.
4. Acceptable use
You agree not to:
- Use the Service to break any law or to infringe anyone's rights.
- Upload malware, attempt to access systems you are not authorized to access, or reverse-engineer the Service.
- Use the Service to send unsolicited bulk communications ("spam").
- Resell or sublicense the Service without our written permission.
- Use AI features in ways that violate Anthropic's, OpenAI's, xAI's or any other AI provider's usage policies.
We may suspend or terminate access if you breach this section.
5. Subscription & payment
Paid plans are billed monthly or annually in advance through Stripe. Prices are listed on the pricing page and exclude VAT, which is added where applicable. Fees are non-refundable except where required by law. We may change pricing with at least 30 days' written notice; existing prepaid periods continue at the prior rate.
AI usage is metered separately and billed monthly based on consumption, subject to per-account caps you configure. We notify you when you approach configured limits.
6. Free trial
We may offer free trials. Free trial accounts are limited in features, storage and AI usage, and may be terminated at any time. No payment information is required to start a trial.
7. Intellectual property
We retain all rights to the Service, our software, documentation, branding and content (other than your data). You retain all rights to your data, including product information, images, copy and other content you upload to the Service ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, process and display Customer Data solely to provide the Service to you.
AI-generated content created by the Service belongs to you, subject to the applicable AI provider's terms.
8. Confidentiality
Both parties agree to keep confidential any non-public information disclosed by the other in connection with the Service, and to use it only to perform under these Terms. This obligation survives termination for three years.
9. Warranties & disclaimers
Each party warrants that it has the right to enter into these Terms. We warrant that we will provide the Service with reasonable skill and care. Otherwise the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, to the maximum extent permitted by law.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential or punitive damages, loss of profits, loss of revenue, loss of data, or business interruption. Our aggregate liability for any claims arising from or related to these Terms is limited to the amount you paid us under the affected subscription in the 12 months preceding the claim. Nothing in these Terms limits liability for fraud, wilful misconduct, gross negligence, or anything that cannot be limited under applicable law.
11. Indemnification
You will indemnify us against third-party claims arising from your Customer Data or your breach of these Terms. We will indemnify you against third-party claims that the Service itself infringes a third party's IP rights, provided you notify us promptly and let us control the defence.
12. Termination
You may cancel your subscription at any time through your account settings; the subscription remains active until the end of the current billing period. We may suspend or terminate the Service for material breach (with 14 days to cure where curable). On termination, we will make Customer Data available for export for 30 days, after which it will be deleted unless otherwise agreed.
13. Governing law
These Terms are governed by the laws of the Netherlands, excluding its conflict-of-law rules. Disputes arising from these Terms will be brought before the competent court in Roermond, Netherlands, except where consumer law requires otherwise.
14. Changes
We may update these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
15. Contact
Email: hello@nexerapxm.com
Post: DEED B.V., Boven de Wolfskuil 20, 6049 LZ Herten, Netherlands