Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website and services provided by NexaVista Technologies ("NexaVista," "we," "us," or "our"). By accessing our website, requesting a free audit, booking a consultation, or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.

1. About NexaVista

NexaVista Technologies engineers custom websites, mobile and web applications, booking systems, admin dashboards, and AI-powered operational platforms, including our AI Booking Growth OS™ framework (collectively, the "Services"), for service businesses.

• Email: sales@nexavistatech.com
• Phone: +92 (336) 8323237
• Office: Office No. 1, Floor No. 3, Plaza 74, Spring North Commercial, Bahria Town Phase 7, Islamabad, Pakistan

2. Definitions

• "Website" means the NexaVista website and any tools or forms hosted on it.
• "Client" means a business or individual that engages NexaVista to provide Services.
• "Project Agreement" means a separate written proposal, statement of work, quote, or contract describing the specific Services to be delivered.
• "Deliverables" means the websites, platforms, applications, dashboards, code, designs, or other materials produced by NexaVista for a Client.
• "Performance Guarantee" means the 90-Day Performance Guarantee described in Section 15, where offered.

3. Scope of These Terms

These Terms apply to your general use of our Website and initial interactions with us. Paid engagements are governed primarily by a separate Project Agreement. If there is any conflict between these Terms and a signed Project Agreement, the Project Agreement controls for that engagement.

4. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use our Services. By using our Services, you represent that you meet these requirements and that any information you provide is accurate.

5. Free Audits, Quotes, and Proposals

We may offer a complimentary audit or assessment of your current systems. Any audit, quote, or proposal is provided for informational purposes, is non-binding, and does not constitute a contract unless and until reflected in a signed Project Agreement. Estimates of results, timelines, or improvements are illustrative; specific outcomes are only guaranteed where expressly stated in a Performance Guarantee under Section 15.

6. Services and Project Delivery

The specific scope, timeline, deliverables, fees, and milestones for any engagement will be defined in a Project Agreement. We follow a milestone-based delivery model with Client approval at each stage. We will perform Services with reasonable skill and care. Changes to an agreed scope ("change requests") may affect fees and timelines and will be handled as set out in the applicable Project Agreement.

7. Client Responsibilities

To enable us to deliver the Services, you agree to:

• Provide accurate information, content, access, and materials in a timely manner.
• Obtain all rights, licenses, and consents necessary for any content or data you provide to us.
• Review deliverables and provide feedback within agreed timeframes.
• Complete any onboarding, training, or configuration steps reasonably required to operate the platform.
• Ensure your use of the Deliverables complies with applicable laws, including privacy and consumer protection laws.

Delays caused by missing information, approvals, or access may affect timelines and are not the responsibility of NexaVista.

8. Fees and Payment

Fees, payment schedules, and invoicing terms are set out in the applicable Project Agreement. Unless otherwise stated, fees are exclusive of applicable taxes, and payments are non-refundable once the corresponding work has been performed, except where a refund is expressly provided under a Performance Guarantee (Section 15). Late payments may result in suspension of work or Services.

9. Intellectual Property

Deliverables. Upon full payment of all applicable fees, ownership of the final custom Deliverables created specifically for a Client transfers to that Client, except as described below.

NexaVista pre-existing materials. We retain all rights to our pre-existing materials, tools, frameworks, methodologies, reusable components, and know-how, including the AI Booking Growth OS™ framework and methodology. To the extent any such materials are incorporated into a Deliverable, we grant the Client a non-exclusive, perpetual license to use them as part of the Deliverable.

Third-party materials. Deliverables may include third-party software, libraries, or services subject to their own licenses, which the Client agrees to comply with.

Our brand. "NexaVista," "NexaVista Technologies," "AI Booking Growth OS™," our tagline "Better Systems Before More Traffic," our logos, and related marks are our property and may not be used without our written permission. We may reference completed work in our portfolio and marketing unless otherwise agreed in writing.

10. Third-Party Services

Our Services and Deliverables may rely on or integrate with third-party services (for example, scheduling, hosting, payment, messaging, or analytics providers). We do not control these third parties and are not responsible for their availability, performance, terms, or pricing. Your use of such services is subject to their respective terms.

11. Acceptable Use

You agree not to:

• Use our Website or Services for any unlawful, harmful, or fraudulent purpose.
• Attempt to gain unauthorized access to our systems or interfere with their operation.
• Reverse engineer, copy, or resell our proprietary materials except as permitted.
• Upload or transmit malicious code or infringing content.

We may suspend or terminate access for violations of this section.

12. Confidentiality

Each party may receive confidential information from the other. Both parties agree to keep such information confidential, use it only for purposes of the engagement, and protect it with reasonable care. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law.

13. Data Protection

Where we process personal data on your behalf as part of the Services, we do so in accordance with our Privacy Policy and the applicable Project Agreement, which may include data processing terms. You remain responsible, as the controller, for the lawfulness of the data you provide and for providing appropriate notices and consents to your own customers.

14. Warranties and Disclaimers

We provide the Services with reasonable skill and care. Except as expressly stated in a Project Agreement or in a Performance Guarantee under Section 15, the Website and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Website or Services will be uninterrupted, error-free, or completely secure. Other than any specific, written Performance Guarantee provided under Section 15, we do not guarantee any particular business result, increase in bookings, revenue, or growth, as outcomes depend on factors including your market, pricing, staffing, and your own use of the platform.

15. 90-Day Performance Guarantee

Where expressly offered and documented in a Client's Project Agreement, NexaVista provides a 90-Day Performance Guarantee on AI Booking Growth OS™ platform engagements, on the following terms.

15.1 What is guaranteed. NexaVista will meet the specific, measurable performance target stated in the Project Agreement (the "Performance Target") within ninety (90) days of the platform's launch date (the "Guarantee Period"). The Performance Target, the baseline it is measured against, and the method of measurement will be defined in writing in the Project Agreement before work begins.

15.2 Client conditions. The Performance Guarantee applies only if, throughout the Guarantee Period, the Client:

• Keeps the platform live and in active use as delivered, without disabling or replacing core functionality.
• Completes the onboarding and training provided by NexaVista.
• Provides timely access to accounts, data, and integrations reasonably required.
• Implements NexaVista's reasonable optimization recommendations within the timeframes requested.
• Responds to NexaVista's requests for information or approvals within [five (5) business days].
• Has paid all amounts due under the Project Agreement.

15.3 Measurement. Performance is measured from the platform's launch date over the full Guarantee Period against the agreed baseline, using the data sources and metrics specified in the Project Agreement.

15.4 Remedy. If the Performance Target is not met by the end of the Guarantee Period despite the Client having met all conditions in Section 15.2, NexaVista will, at its election:

• Continue optimization and corrective work at no additional service cost for up to an additional [thirty (30) / sixty (60)] days until the Performance Target is met; and
• If the Performance Target is still not met after that extension, [refund [____]% of the platform build fee] or [provide [____] of continued service at no charge].

This remedy is the Client's sole and exclusive remedy under the Performance Guarantee.

15.5 Exclusions. The Performance Guarantee does not apply where the Performance Target is affected by factors outside NexaVista's reasonable control, including the Client's failure to meet the conditions in Section 15.2, changes the Client makes to the platform, business closure or pause, pricing or staffing decisions, force majeure, or third-party service outages.

16. Limitation of Liability

To the maximum extent permitted by law, NexaVista will not be liable for any indirect, incidental, special, consequential, or punative damages, or for any loss of profits, revenue, data, or business, arising out of or related to your use of the Website or Services.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to a given engagement will not exceed the total fees paid by you to NexaVista for that engagement during the three (3) months preceding the event giving rise to the claim. Nothing in this section limits any remedy expressly provided under a Performance Guarantee in Section 15.

17. Indemnification

You agree to indemnify and hold harmless NexaVista and its personnel from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Services, or any content or data you provide that infringes the rights of a third party or violates applicable law.

18. Term and Termination

These Terms remain in effect while you use our Website or Services. We may suspend or terminate your access to the Website at any time if you violate these Terms. Termination of a paid engagement is governed by the applicable Project Agreement. Provisions that by their nature should survive termination (including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Islamic Republic of Pakistan, without regard to conflict-of-laws principles. The courts located in Islamabad, Pakistan shall have jurisdiction over any disputes arising out of or relating to these Terms, unless otherwise agreed in a Project Agreement. Nothing in this section limits any mandatory consumer rights you may have under applicable local law.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Website or Services after changes take effect constitutes acceptance of the revised Terms.

21. Contact Us

For questions about these Terms, contact us at: