1. Agreement
These Terms of Service (“Terms”) are a contract between Startip L.L.C, a United States limited liability company (“Startip”, “we”, “us”), and the business or person that creates a Nexus account or uses Nexus (“Customer”, “you”). If you accept these Terms on behalf of a company, you confirm you are authorized to bind it. By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. The Service
Nexus is a software-as-a-service platform for customer communication (a unified inbox for WhatsApp, Messenger, Instagram, email and web chat), customer relationship management (CRM), social-media publishing and analytics, campaigns and AI-assisted replies (the “Service”). We may improve, change or discontinue features; if we remove a material paid feature we will give reasonable notice.
3. Accounts
- You must provide accurate information, be at least 18 years old, and use the Service for business purposes.
- You are responsible for your users (team members you invite), their roles, and all activity under your workspace, and for keeping credentials secure. Tell us promptly at info@startip.net if you suspect unauthorized access.
4. Acceptable use
You agree that you and your users will not:
- Send spam or unsolicited bulk messages, or message people who have not opted in where opt-in is required (including under WhatsApp Business policies, the TCPA, CAN-SPAM, GDPR/ePrivacy and similar laws); you must honor opt-out requests promptly;
- Upload or message contacts whose data you have no lawful right to use, or buy/scrape contact lists for messaging;
- Send or publish unlawful, deceptive, harassing, hateful, sexually exploitative, infringing or malicious content, or content that violates the rules of the platform it is sent through;
- Impersonate any person or business, or misrepresent automated (AI) messages as coming from a human where the law or platform rules require disclosure;
- Use the Service for regulated activities the connected platforms prohibit (for example, prohibited goods or services under the WhatsApp Commerce Policy);
- Probe, scan or test the vulnerability of the Service, bypass security or usage limits, reverse-engineer it, or access it by automated means other than our published APIs;
- Resell or provide the Service to third parties except as expressly allowed by your plan.
We may remove content or suspend accounts that violate this section (see Section 9).
5. Third-party platforms
The Service connects to platforms you choose, such as Meta (Facebook, Instagram, Messenger, WhatsApp Business Platform), LinkedIn, Google and email providers (“Platforms”). When you connect a Platform you authorize us to access it on your behalf to perform the actions you request, and you agree to comply with that Platform’s terms and policies (including the Meta Platform Terms, WhatsApp Business Terms and Policies, Instagram Terms of Use and LinkedIn User Agreement). Platforms are not controlled by us: they may change or restrict their APIs, review your use, charge their own fees (for example WhatsApp conversation charges) or suspend your accounts, and we are not responsible for their availability or decisions. WhatsApp messages outside the 24-hour customer-service window can only be sent using templates approved by Meta.
6. AI features
AI features generate suggestions and automated replies using third-party language models. AI output can be inaccurate or inappropriate; you are responsible for configuring AI features, reviewing output where appropriate, and for the messages sent from your workspace. You must not use AI features to make decisions with legal or similarly significant effects on individuals without human review.
7. Your data
- Ownership. You own all data you and your Contacts put into the Service (“Customer Data”). You grant us a limited license to host, process, transmit and display Customer Data only to provide, secure and support the Service, and as described in our Privacy Policy.
- Your responsibilities. You are the controller of Customer Data and are responsible for having a lawful basis and any required notices and consents for collecting it and messaging your Contacts.
- Data processing. We process Customer Data as your processor/service provider. A data processing addendum is available on request at info@startip.net.
- Export and deletion. You can export a Contact’s data and delete Contacts, connected accounts or your workspace at any time (see Data Deletion). After termination we delete Customer Data within 30 days, except as required by law; backups roll off within 14 days after that.
- Aggregated data. We may use de-identified, aggregated usage statistics (that do not identify you, your users or your Contacts) to operate and improve the Service.
8. Plans, fees and trials
- Paid plans are billed in advance for the selected period, in the currency shown at checkout, and renew automatically until cancelled. Plan limits (for example seats, channels or contacts) apply as described on our pricing page.
- Fees are exclusive of taxes, which you are responsible for. Except where required by law, fees are non-refundable, including for partial periods.
- We may change prices with at least 30 days’ notice, effective at your next renewal. Free trials end automatically; features may be limited when a trial ends if no plan is chosen.
- Third-party charges (e.g. WhatsApp conversation fees, SMS, email sending) are billed by the relevant provider unless we state otherwise.
9. Suspension and termination
You may stop using the Service and delete your workspace at any time. We may suspend or terminate your access immediately if you materially breach these Terms (including Section 4), if required by law or a Platform, or if your use threatens the security or integrity of the Service; where practical we will give notice and a chance to cure. Sections 7, 10–16 survive termination.
10. Intellectual property
We and our licensors own the Service, including its software, design and documentation. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. If you send us feedback, we may use it without obligation to you.
11. Confidentiality
Each party will protect the other’s non-public information received in connection with the Service with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARTIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE, AI OUTPUT OR PLATFORM INTEGRATIONS WILL BE UNINTERRUPTED, ERROR-FREE OR ACCURATE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL OR DATA; AND (B) STARTIP’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US $100. These limits do not apply to your payment obligations or your obligations under Section 14.
14. Indemnification
You will defend and indemnify Startip against third-party claims, fines and costs (including reasonable attorneys’ fees) arising from your Customer Data, your messages and posts, or your violation of these Terms, applicable law or a Platform’s terms.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to that jurisdiction. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.
16. General
- Changes. We may update these Terms; we will post the new version here and notify Customers of material changes at least 30 days before they take effect. Continued use after that means you accept the updated Terms.
- Entire agreement. These Terms, the Privacy Policy and any order form or DPA are the entire agreement between the parties on this subject.
- Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in a merger or acquisition.
- Force majeure, severability, waiver. Neither party is liable for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
- Language. These Terms may be translated for convenience; the English version governs.
Contact: Startip L.L.C, United States — info@startip.net
Nexus