Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nexsone Ltd. ("Nexsone," "Company," "we," "us," or "our"), a company registered in The Gambia with headquarters in Yundum, governing your access to and use of the Nexsone website and services. These Terms are designed to comply with international standards, including the EU Consumer Rights Directive (2011/83/EU), UK Consumer Rights Act 2015, California Consumer Legal Remedies Act, and other applicable consumer protection laws.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you do not have permission to access the Site. For users in the EU, UK, and other jurisdictions with mandatory consumer protection laws, nothing in these Terms excludes or limits your statutory rights.

1. Acceptance of Terms

Your access or use of the Site constitutes acceptance of these Terms and our Privacy Policy. If you do not agree, do not use the Site. We may modify these Terms at any time. Continued use after changes constitutes acceptance of the modified terms.

2. Description of Services

The Site provides information about Nexsone, waitlist registration, newsletters, and contact forms. Our social commerce platform is under development—no live commerce services are available yet.

Nexsone was previously known as Nexzone. References to Nexzone may appear in historical materials, but Nexsone is the current company name and brand used throughout this Site.

Future services may be subject to separate terms. We reserve the right to modify or discontinue services at any time.

3. User Accounts and Registration

Waitlist and newsletter signup requires accurate information. You are responsible for maintaining the security of your account. Notify us immediately of any unauthorized use.

4. User Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, national, or international laws or regulations
• Post, transmit, or make available any content that is harmful, defamatory, obscene, fraudulent, or infringing on third-party intellectual property rights
• Interfere with or disrupt the Site, servers, or networks connected to the Site, including through viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any portion of the Site, other users' accounts, or computer systems or networks
• Use automated means, including bots, scrapers, or spiders, to access the Site without our prior written permission
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity
• Send unsolicited or unauthorized advertising, promotional materials, or spam
• Collect or harvest any personally identifiable information from the Site

We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will cease immediately.

5. Intellectual Property

Content on the Site is Nexsone property. You have a limited license for personal, non-commercial use only. No copying, distribution, or modification without permission. All trademarks are protected.

6. Third-Party Links

The Site may link to third-party websites. We are not responsible for their content or privacy practices. Access third-party sites at your own risk.

7. Disclaimers

7.1 Service Availability: The Site is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. Nexsone does not warrant that the Site will be uninterrupted, secure, error-free, or free from harmful components.

7.2 Implied Warranties: To the maximum extent permitted by applicable law, Nexsone disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.3 Informational Purpose: Content on the Site is provided for informational purposes only and does not constitute professional advice. You should consult appropriate professionals for specific guidance.

7.4 International Users: The Site is controlled and operated from The Gambia. We make no representation that materials on the Site are appropriate or available for use in other locations. If you access the Site from other locations, you are responsible for compliance with applicable local laws.

8. Limitation of Liability

8.1 General Limitation: To the maximum extent permitted by applicable law, in no event shall Nexsone, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

8.2 Liability Cap: Nexsone's total liability to you for all claims arising from or relating to the Site or these Terms shall not exceed the greater of (a) $100 USD or (b) the amount you have paid to Nexsone in the twelve (12) months preceding the event giving rise to the liability.

8.3 Consumer Protection: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Nexsone's liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

9. Indemnification

You agree to indemnify and hold harmless Nexsone, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

10. Termination

We reserve the right to suspend or terminate your access to the Site at any time, with or without prior notice, for violations of these Terms, unlawful conduct, or any other reason at our sole discretion. Upon termination, all provisions of these Terms which by their nature should survive will remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Consumer Rights & Statutory Protections

11.1 EU/UK Consumer Rights: If you are a consumer residing in the European Union or United Kingdom, you benefit from mandatory consumer protection laws that cannot be contracted out of. These include:

• Right of Withdrawal: For digital services, you have a 14-day cooling-off period from the date of contract formation to cancel without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU).
• Conformity: Services must conform to the description provided and be fit for their intended purpose.
• Unfair Terms: Any term that creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer shall not be binding.

11.2 California Consumer Rights: California residents benefit from additional protections under the California Consumer Legal Remedies Act and related statutes, including the right to remedies for unfair or deceptive business practices.

11.3 Global Consumer Protection: Nothing in these Terms excludes, restricts, or modifies any consumer rights granted under applicable local laws that cannot be waived by contract. Where mandatory local laws provide greater protection, those laws shall prevail.

12. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of The Gambia, without regard to conflict of law principles.

International Users:

• EU/UK Consumers: You may bring proceedings in the courts of the country where you are domiciled. The mandatory consumer protection laws of your country of residence apply.
• California Residents: You may bring proceedings in the state or federal courts located in California. California state law applies to the extent not preempted by federal law.
• Other Jurisdictions: Subject to mandatory local laws, disputes shall be submitted to the exclusive jurisdiction of the courts of The Gambia.

By using the Site, you consent to the jurisdiction and venue of the applicable courts based on your residence and consumer status.

13. Dispute Resolution

13.1 Informal Resolution: We prefer to resolve disputes informally and directly. Before pursuing formal proceedings, please contact us at support@nexsone.com with a detailed description of your concern. We will respond within 30 days and work in good faith to resolve the matter.

13.2 Mediation: If informal resolution is unsuccessful, parties agree to attempt mediation through a mutually agreed mediator before pursuing arbitration or litigation.

13.3 Arbitration (Non-Consumer): For commercial users and business-to-business disputes not resolved through mediation, disputes will be resolved by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration will take place in Banjul, The Gambia, in English. Judgment on the award may be entered in any court having jurisdiction.

13.4 Consumer Protection: EU/UK and other jurisdiction consumers retain their right to bring claims in their local courts and are not bound by mandatory arbitration clauses where prohibited by local law.

13.5 Class Actions: To the extent permitted by applicable law, disputes must be brought on an individual basis and not as a class action, consolidated action, or representative action. Where class action waivers are prohibited (e.g., for EU consumers), this provision shall not apply.

14. General Provisions

14.1 Entire Agreement: These Terms constitute the entire agreement between you and Nexsone regarding your use of the Site and supersede all prior agreements, representations, or understandings.

14.2 Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14.3 No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Nexsone.

14.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Nexsone may assign these Terms without restriction to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure: Nexsone shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or internet service failures.

Contact Information

For questions about these Terms, contact us at:

Nexsone Ltd.

Yundum, The Gambia

Email: support@nexsone.com