Effective Date: 10th May, 2025

Welcome to Nuvix Software. These Terms of Service (“Terms”) govern your use of our website, software, and related services (collectively, the “Services”). By accessing or using any part of the Services, you confirm that you have read, understood and agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our Services.

1. Definitions
“Nuvix Software”, “we”, “us” or “our” refers to Nuvix Software B.V., a company incorporated under the laws of the Netherlands.

“You” or “User” means any individual or entity that accesses or uses the Services.

“Content” refers to all text, images, logos, audio, video, data, software, documentation and any other materials made available through our Services.

“Account” means the user credentials (username, password, and any other information) you create to access certain parts of the Services.

2. Acceptance of Terms By:

Accessing or browsing our website;

Downloading, installing or using any software, application programming interface (API), mobile app or module provided by Nuvix Software; or

Registering for an Account with us,

you acknowledge that you have read, understood and agree to be bound by these Terms, as well as our Privacy Policy and Cookies Policy (each of which is incorporated herein by reference). If you do not agree, you must immediately cease using the Services.

3. Eligibility and Account Registration Age Requirement:

You must be at least 18 years old (or the legal age of majority where you reside) to use the Services.

Account Information: When creating an Account, you agree to provide accurate, current and complete information about yourself. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

Account Security: You agree to (a) notify us immediately if you suspect any unauthorised use of your Account or any other breach of security, and (b) ensure that you log out of your Account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this obligation.

4. Use of the Services Permitted Uses:

You may use the Services only in accordance with these Terms and all applicable local, national and international laws and regulations.

Prohibited Conduct: You agree not to:

Copy, reproduce, distribute, modify, adapt, translate or create derivative works of any part of the Services (unless expressly permitted by us in writing);

Use the Services to infringe the intellectual property, privacy or other rights of any third party;

Attempt to reverse-engineer, decompile, disassemble or otherwise derive source code from any software offered through the Services;

Use automated systems (such as bots, spiders or scrapers) to access, monitor, obtain or otherwise interact with the Services;

Transmit any material that is unlawful, defamatory, obscene, harassing, threatening or otherwise objectionable;

Interfere with or disrupt the integrity or performance of the Services (including by introducing viruses or malicious code).

We reserve the right, at our sole discretion, to investigate and pursue legal remedies against any user who violates this Section 4.

5. Intellectual Property Ownership:

All Content—whether text, graphics, logos, software or other materials—appearing on or provided through the Services is the property of Nuvix Software or our licensors, and is protected by copyright, trademark, patent or other intellectual property laws.

Licence: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes only. All other rights are expressly reserved.

Feedback: If you provide suggestions, enhancements or other feedback regarding our Services, you hereby assign to Nuvix Software any and all intellectual property rights in such feedback, and agree that we may use, modify, reproduce, distribute or exploit that feedback without restriction.

6. Updates, Modifications and Availability Changes to the Services:

We may, at any time and without prior notice, modify, suspend or discontinue any aspect of the Services (including content, features, functionality or availability). We will use reasonable efforts to post updates or announcements on our website when significant changes occur.

Changes to the Terms: We may revise these Terms from time to time. When changes are made, we will update the “Effective Date” at the beginning of these Terms and post the revised Terms on our website. Your continued use of the Services after such updates constitutes your acceptance of the revised Terms.

Service Interruptions: We strive for high availability, but cannot guarantee zero downtime. We shall not be liable for any temporary interruption or disruption of the Services due to maintenance, upgrades, force majeure events or any causes beyond our reasonable control.

7. Payment and Fees

(If applicable; remove or adjust if Nuvix Software offers purely free services.)
Subscription Plans: Certain features or Services may require payment of fees. All fees are as quoted on our website, exclusive of applicable taxes. We reserve the right to change our pricing at any time, but will give you notice of any material increase in subscription fees at least 30 days before such increase takes effect.

Payment Terms: You agree to provide valid payment information and to pay all fees when due. If payment is not received or is declined, we may, at our discretion, suspend or terminate your Account until payment is made in full.

Refund Policy: Except as expressly provided, all fees are non-refundable. If you believe there has been an error in billing, please contact us promptly at info@nuvix-software.com.

8. Termination By You:

You may terminate your Account at any time by following the instructions on our website or contacting us at info@nuvix-software.com.

By Us: We may, at our sole discretion, suspend or terminate your Account and access to the Services immediately, without prior notice, for any reason, including but not limited to:

Violation of these Terms;

Unauthorised or illegal use of the Services;

Non-payment of any fees due;

Any other conduct that we determine, in our sole discretion, is harmful to us, other users or third parties.

Effect of Termination: Upon termination, all licences granted to you under these Terms will immediately cease. You must promptly delete and destroy all copies of any Content obtained through the Services. Termination will not affect any rights or obligations that have accrued prior to the date of termination.

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. Nuvix Software expressly disclaims all warranties, whether express, implied or statutory, including but not limited to:
Any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;

Warranties that the Services will be uninterrupted, secure or error-free;

Warranties arising from course of performance, course of dealing or usage of trade.

We do not warrant that the content or software will meet your requirements, or that any defects will be corrected.

10. Limitation of Liability

Under no circumstances shall Nuvix Software, its directors, officers, employees, agents or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, business interruption or goodwill, arising out of or related to these Terms or your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or in relation to these Terms or your use of the Services is limited to the fees paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend and hold harmless Nuvix Software, its officers, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to:
Your breach of these Terms;

Your violation of any applicable law or regulation;

Your use of the Services in an unauthorised manner;

Any claim that your Content, or the use of your Content by others, infringes the rights of a third party.

12. Governing Law and Dispute Resolution Governing Law:

These Terms and any disputes arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Jurisdiction: Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

13. Severability and Waiver Severability:

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No failure or delay by Nuvix Software in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorised representative of Nuvix Software.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Nuvix Software regarding the Services, superseding all prior or contemporaneous communications, proposals or agreements, whether electronic, oral or written, between you and us relating to the subject matter herein.

15. Contact Information

If you have any questions, concerns or requests regarding these Terms, please contact us at:
Email: info@nuvix-software.com