Terms and Conditions

Last Updated: 27-04-2025

1. Introduction

Welcome to Nexotech Solutions ("Company", "we", "our", or "us"). We provide Software as a Service (SaaS) products for gym management and custom software development services.

These Terms and Conditions ("Terms") govern your access to and use of our services, including our websites, applications, and any related offerings (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

2. Company Information

• Legal Entity: Nexotech Solutions (Partnership Firm)
• Registered Address: Alappuzha, Kerala, India
• GST Number: 32AAXFN3096L1ZK
• Official Email: office@nexotech.cc

3. Services Offered

• SaaS Services: We offer gym management SaaS solutions to businesses ("B2B Clients").
• Custom Development Projects: We undertake customized software development based on mutually agreed work orders.
• Future Scope: We may, in the future, offer B2C services directly to end-users.

4. User Responsibilities

Users are expected to:

• Provide accurate information during registration and use of Services
• Maintain the confidentiality of their accounts
• Use the Services only for lawful purposes
• Not misuse the platform for commercial gains outside the agreed scope
• Not engage in activities that compromise the security or integrity of our Services

5. Payment and Refund Policy

SaaS Subscription:

• Monthly Subscription: Refund requests must be made within 7 days of the subscription date
• Annual Subscription: Refund requests must be made within 30 days of the subscription date
• Free Trial: A 7-day free trial is available upon request

Custom Development Projects:

• Payments are milestone-based
• No refunds are provided once a phase is approved by the client and corresponding payment is made
• Satisfaction is ensured by milestone approvals before proceeding

Lifetime Plans:

• Lifetime plans are valid for 10 years
• After 5 years, a minimal service cost (not exceeding 50% of the prevailing actual cost) will be charged for continued service over the next 5 years

All payments are processed securely via our payment gateway partner, Razorpay.

6. Intellectual Property

• SaaS Products: All rights, title, and interest in the software and underlying technologies remain the sole property of Nexotech Solutions
• Custom Projects: We retain the Intellectual Property (IP) rights unless explicitly transferred to the client as per the signed work order
• Standard warranty of 6 months is provided for custom developments unless the project is categorized under discounted projects
• Discounted projects will not carry any warranty or free support unless separately contracted

7. Third-Party Services

Our Services may integrate with third-party services (such asRazorpay for payments). Nexotech Solutions is not liable for the availability, performance, or errors of third-party services.

8. Data Privacy and Security

We prioritize the security and confidentiality of client and user data. However, we cannot guarantee absolute security and shall not be held liable for breaches arising beyond our reasonable control. Use of our Services also implies acceptance of our Privacy Policy.

9. Suspension and Termination

We reserve the right to suspend or terminate services immediately if:

• Payments are not made as per due timelines
• Services are misused for unauthorized commercial gains
• Data is misused or unauthorized access is detected

In such cases, no refunds will be provided.

10. Limitation of Liability

Nexotech is not liable for:

• Indirect, incidental, consequential, or punitive damages arising from the use or inability to use our Services
• Our total liability for any claim shall not exceed the amount paid by the user for the Services during the six (6) months preceding the event giving rise to the liability
• Rejected messages by WhatsApp due to policy violations
• Penalties arising from spam complaints or consent-related issues
• Data loss due to improper configuration or user error in CRM or WhatsApp integrations

11. Indemnification

You agree to indemnify and hold Nexotech Solutions, its partners, employees, and affiliates harmless from any claims, damages, losses, liabilities, and expenses arising out of your use of the Services, violation of these Terms, or infringement of any rights of another party.

12. WhatsApp API Usage

• You must use the WhatsApp Business API only for lawful, customer-approved communication.
• You are solely responsible for obtaining consent from message recipients.
• Nexotech reserves the right to suspend or revoke access if abuse, spam complaints, or policy violations are detected.
• Broadcast messages must comply with Metaʼs Commerce and Business Messaging Policies.

13. CRM Services

• CRM services are provided on a subscription basis and may include modules like customer tracking, deal pipelines, ticketing, and communication logs.
• Users are responsible for the accuracy and legality of any customer data they upload or manage through the CRM.
• Flarize may temporarily restrict access or modify features for maintenance or upgrades with reasonable notice.

14. Service Restrictions

• Bulk messaging or unsolicited promotional campaigns without opt-in may result in account suspension.
• Automated bots or sequences must follow WhatsAppʼs rules regarding user-initiated conversation windows.

15. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the District Court of Alappuzha, Kerala, India.

16. Dispute Resolution

Before resorting to court proceedings, the parties agree to attempt to resolve any disputes amicably through mutual discussion and negotiation.

17. Amendments

We may amend these Terms at any time by posting the updated version on our website. You are advised to review these Terms periodically for any changes. Continued use of our Services after changes signifies your acceptance of the updated Terms.

18. Contact Information

For any questions, concerns, or complaints regarding these Terms, you can contact us at: