TERMS AND CONDITIONS 

Welcome to Nexsalespro!

These are the terms and conditions for:

• https://nexsalespro.com

The following terms and conditions apply to the website and services offered by Nexsalespro. By using the website and services, you agree to be bound by these terms and conditions and our privacy policy.

In these terms and conditions, the words “website” and “platform”, refer to the Nexsalespro website, “we”, “us”, “our”, and “Nexsalespro”, refers to Nexsalespro, and “customer”, and “user”, refers to you, the user or customer of Nexsalespro.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM NEXSALESPRO.

1. ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the website and services offered by Nexsalespro. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.

Nexsalespro reserves the right, in its sole discretion, to refuse to provide services to any user or customer and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.

By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing your contact details via the forms available on the website and our contact details, you agree that we may use your contact information to send you important notifications and communications about our services, news, and special content. If you do not wish to receive these communications, you can unsubscribe by sending us your request via our contact information or by using the “unsubscribe” option in the emails themselves. This option may prevent you from receiving emails about our services, important news, and special content.

3. DESCRIPTION OF SERVICES

Nexsalespro is a company specializing in providing advanced business communication solutions through the use of rich messaging technologies such as RCS (Rich Communication Services) and RBM (Rich Business Messaging). Through these technologies, Nexsalespro enables companies to transform their traditional communications through interactive messages that include images, videos, buttons, menus, forms, and personalized chats with brand identity, sent directly to the native messaging application of the end customer’s mobile device. These features are designed to improve the user experience, increase engagement, facilitate business processes, and generate measurable results in marketing campaigns, customer service, and business relationship management.

The specific scope, particular conditions, technical requirements, service levels, and price applicable to the contracted services will be established in the corresponding service agreement signed between Nexsalespro and the customer. No general description contained in this document shall be construed as a closed or binding offer without the express endorsement of such individual agreement. Nexsalespro reserves the right to modify, update or expand its services, tools and capabilities based on technological developments, market needs or applicable regulatory provisions.

4. LIMITATION OF LIABILITY

5. COPYRIGHT

All content on Nexsalespro website, including, without limitation, names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Nexsalespro or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Nexsalespro are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Nexsalespro prior express written permission.

6. COPYRIGHT INFRINGEMENT

Nexsalespro will respond to all inquiries, complaints, and claims related to alleged violations of the provisions contained in international copyright and intellectual property laws and regulations. Nexsalespro respects the intellectual property of others and expects its users to do the same. If you believe, in good faith, that any material provided on the platform infringes your copyright or other intellectual property rights, please send your request via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Nexsalespro can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf. 

7. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

8. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Nexsalespro in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

9. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Nexsalespro provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Nexsalespro for any loss or damage caused as a result.

Nexsalespro shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Nexsalespro excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Nexsalespro and Nexsalespro shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Nexsalespro.
• All representations, warranties, conditions and other terms which but for this notice would have effect. 

10. INDEMNIFICATION

You agree to defend and indemnify Nexsalespro from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the website and services.

11. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and customers. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

12. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Nexsalespro, shall constitute the entire agreement between you and Nexsalespro concerning and governs your use of the website and the services.

13. FORCE MAJEURE

Nexsalespro shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

14. DISPUTE RESOLUTION

Any dispute, claim or controversy arising between a user and Nexsalespro in connection with these terms and conditions, the use of the website or the services provided, shall be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.

First, both parties agree to use their best efforts to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users may contact Nexsalespro through designated support channels to raise any disputes. The company commits to respond within a reasonable period of time, providing an opportunity to resolve the issue without resorting to formal procedures.

If the parties fail to resolve the dispute informally within thirty (30) days of initial notification of the dispute, the dispute will be submitted to mediation. The mediation shall be conducted before a neutral mediator selected by mutual agreement of the parties. If the parties are unable to agree on a mediator within an additional fifteen (15) days, a mediator shall be appointed through a recognized mediation agency. The costs of the mediation shall be shared equally between the parties, and the mediation shall be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.

If mediation does not result in a satisfactory resolution for both parties, the dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of an internationally recognized arbitration institution. The arbitration shall be conducted by a single neutral arbitrator, who shall be selected in accordance with the rules of the arbitration institution. The place of arbitration shall be in Finland. The language of the arbitration shall be English.

The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator’s decision shall be final and binding on both parties, and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to bring the dispute in court or to participate in a class action.

This dispute resolution clause does not preclude Nexsalespro from seeking injunctive or equitable relief in the event of intellectual property rights infringement, misuse of the platform, or any act that may cause irreparable harm, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.

By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the objective of minimizing the costs and time associated with formal litigation. The parties assume their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided by the arbitrator.

15. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the European Union, specifically the laws of Finland and Spain. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the Finnish courts. This applies unless binding arbitration is agreed in the relevant section.

16. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

17. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Nexsalespro.

Email: info@nexsalespro.com