Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FactoryNXT Technologies Private Limited ("SalesNXT," "we," "us," or "our"), governing your access to and use of the SalesNXT platform, website, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

SalesNXT is a cloud-based, AI-powered Customer Relationship Management (CRM) platform designed for enterprise sales teams. The Service includes, but is not limited to:

• Contact and lead management with AI-driven insights
• Sales pipeline tracking, forecasting, and automation
• AI-powered sales agents and assistants (NxtAgents)
• Email and communication tracking and analytics
• Reporting, dashboards, and business intelligence tools
• Integrations with third-party applications and services
• API access for custom integrations and workflows

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to active subscribers. We will provide at least 30 days' notice before discontinuing any material feature.

3. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials, including passwords and API keys
• All activities that occur under your account, whether authorized by you or not
• Promptly notifying us of any unauthorized access to or use of your account
• Keeping your account information up to date and accurate

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms. You must be at least 18 years old to create an account.

4. User Responsibilities

You agree that you will not:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law
• Upload, transmit, or store any content that is harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to send unsolicited communications, spam, or bulk messages
• Resell, sublicense, or redistribute the Service without our prior written consent
• Use automated tools to scrape, crawl, or extract data from the Service beyond what is permitted through our API
• Circumvent or manipulate any usage limits, quotas, or metering mechanisms

You are solely responsible for the data you upload, store, and process through the Service, and for ensuring that such data complies with all applicable laws and regulations.

5. Intellectual Property

The Service, including its source code, design, user interface, documentation, logos, and all related intellectual property, is and remains the exclusive property of FactoryNXT Technologies Private Limited and its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

You retain all rights to the data and content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to host, store, process, and display your content solely for the purpose of providing and improving the Service.

"SalesNXT," "NxtAgents," "NxtSense," "NxtOS," "NxtDeploy," and "NxtMCP" are trademarks of FactoryNXT Technologies Private Limited. You may not use these trademarks without our prior written consent.

6. Payment and Billing

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to the following:

• Fees: Subscription fees are as listed on our pricing page at the time of purchase. All fees are quoted in US Dollars unless otherwise specified.
• Billing cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
• Automatic renewal: Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date.
• Price changes: We may adjust pricing with at least 30 days' advance notice. Price changes take effect at the start of the next billing cycle.
• Refunds: Fees are non-refundable except as required by applicable law or as expressly stated in your subscription agreement.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or government-imposed fees associated with your use of the Service.
• Failed payments: If a payment fails, we will attempt to charge the payment method on file for up to 14 days. Continued payment failure may result in suspension of your account.

7. Data Ownership

You own all data that you submit, upload, or input into the Service ("Customer Data"). We do not claim any ownership rights to your Customer Data.

We process your Customer Data solely to provide and improve the Service. We will not access your Customer Data except as necessary to provide the Service, prevent or address service or technical problems, respond to your support requests, or as required by law.

You may export your Customer Data at any time through the platform's export functionality or via our API. Upon termination of your account, we will make your Customer Data available for export for a period of 30 days, after which it will be permanently deleted from our systems.

We may generate and use aggregated, anonymized, and de-identified data derived from your use of the Service for product improvement, analytics, and benchmarking purposes, provided that such data cannot reasonably identify you or any individual.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• IN NO EVENT SHALL SALESNXT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES 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.
• OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We are not liable for any damages resulting from your reliance on AI-generated insights, predictions, or recommendations provided through the Service.

9. Termination

You may terminate your account at any time by contacting us or through the account settings in the platform. Upon termination:

• Your right to access and use the Service will cease immediately
• You remain responsible for any outstanding fees accrued before termination
• Your Customer Data will be available for export for 30 days following termination
• After the 30-day data export window, your data will be permanently deleted

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable. In cases of material breach, we may terminate your account immediately. In other cases, we will provide reasonable notice and an opportunity to cure the breach before termination.

Sections relating to intellectual property, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive, will survive the termination of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India. Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us: