These Terms of Use (the "Terms") govern your access to and use of the websites operated by Complete Merchant Solutions, LLC d/b/a Nexio ("Nexio," "we," "us," or "our"), including nex.io and any other site or subdomain that references these Terms (collectively, the "Sites"). By accessing or using the Sites, you agree to be bound by these Terms. If you do not agree, please do not use the Sites.
These Terms govern your use of the Sites only. Separate agreements apply to specific Nexio products and services, including (a) the Nexio Merchant Application and Merchant Account Agreement, which governs your merchant-processing relationship with Nexio; (b) product-specific terms of service for individual Nexio tools and applications; and (c) the Nexio Privacy Policy and Data Processing Addendum, which describe how Nexio handles personal information. Where a separate agreement exists, that agreement controls with respect to its subject matter.
1. About Nexio and the Sites
Nexio is a U.S.-based payments and technology company that provides merchant-acquiring, payment-processing, invoicing, and related software services to businesses. The Sites are intended to provide information about Nexio, to allow prospective customers and partners to contact us, to host product information and marketing materials, and to provide access to certain online tools we make available from time to time. Information on the Sites is provided for general informational purposes, is subject to change, and does not constitute an offer to provide services or any commitment by Nexio.
2. Eligibility
The Sites are intended for use by individuals who are at least 18 years old and who are located in the United States. By using the Sites, you represent and warrant that you meet these requirements. If you are using the Sites on behalf of a business or other entity, you represent that you are authorized to do so. The Sites are not directed to children under the age of 13, and Nexio does not knowingly collect personal information from children under 13.
3. Use of the Sites
3.1 Permitted Use
Subject to your compliance with these Terms, Nexio grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Sites for your personal or internal business purposes. You may download or print individual pages of the Sites for those purposes, provided you do not modify or remove any copyright, trademark, or other proprietary notices.
3.2 Restrictions
You agree not to, and not to allow any third party to:
- use the Sites in any way that violates applicable law or these Terms;
- attempt to gain unauthorized access to any part of the Sites, related systems, or any other user's information;
- interfere with, disrupt, or overload the Sites, including by uploading malicious files, conducting denial-of-service attacks, or bypassing security or rate-limiting controls;
- scrape, crawl, harvest, or otherwise extract data from the Sites by automated means without Nexio's prior written permission;
- frame, mirror, or sell access to any portion of the Sites;
- use the Sites, or content obtained from the Sites, to train, evaluate, or develop any artificial-intelligence or machine-learning model or service that competes with Nexio; or
- impersonate any person or entity, or misrepresent your affiliation with any person or entity.
4. Your Submissions
The Sites may invite you to submit information through forms (such as contact, demo-request, or lead-capture forms), to subscribe to communications, or to provide feedback. You represent that any information you submit is accurate, that you have the right to share it, and that doing so does not violate any third-party right. By submitting information through the Sites, you authorize Nexio to use that information to respond to your inquiry, to follow up regarding Nexio products and services, and as otherwise described in the Privacy Policy.
If you provide Nexio with feedback, suggestions, or ideas regarding the Sites or Nexio's products and services, you grant Nexio a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without restriction or obligation to you.
5. Online Tools and AI-Enabled Features
From time to time, Nexio makes available online tools, including AI-enabled diagnostic or marketing tools, accessible through the Sites or through a separate Nexio-controlled domain. Where a tool is made available subject to a product-specific terms of service, that product's terms govern your use of the tool. AI-enabled features may produce probabilistic outputs that are not always accurate or complete; you should review and verify any AI-generated output before relying on it, and AI-generated content does not constitute financial, accounting, tax, legal, or other professional advice.
6. Intellectual Property
The Sites, including their content, design, code, graphics, layout, and the Nexio name and logo, are owned by Nexio or its licensors and are protected by U.S. and international intellectual property laws. Except for the limited rights expressly granted in Section 3.1, no license or right is granted to you, by implication or otherwise, under any Nexio intellectual property.
"Nexio" and other Nexio marks, logos, and product names are trademarks or service marks of Nexio. Other marks shown on the Sites are the property of their respective owners. You may not use any Nexio mark without Nexio's prior written permission, and any permitted use must comply with Nexio's brand guidelines.
7. Third-Party Links and Materials
The Sites may contain links to third-party websites, services, or materials that are not owned or controlled by Nexio. Nexio is not responsible for the content, accuracy, privacy practices, or availability of any third-party site. The inclusion of any link does not imply endorsement by Nexio. Your use of any third-party site is at your own risk and subject to that site's terms and privacy practices.
8. Privacy and Cookies
Nexio's collection and use of personal information through the Sites is described in the Nexio Privacy Policy at https://nex.io/resources/privacy-policy/ and the Nexio Cookie Policy at https://nex.io/cookie-policy/, each of which is incorporated into these Terms by reference.
9. Disclaimers
THE SITES AND ALL CONTENT, MATERIALS, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXIO DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NEXIO DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION ON THE SITES IS ACCURATE, COMPLETE, OR CURRENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXIO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES OR THESE TERMS, EVEN IF NEXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXIO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations apply only to the maximum extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Nexio and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Sites; (b) information you submit through the Sites; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
12. Copyright and Intellectual Property Complaints (DMCA)
Nexio respects the intellectual property rights of others. If you believe that material accessible on or through the Sites infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to Nexio's designated agent at legal@nex.io or by mail to Complete Merchant Solutions, LLC d/b/a Nexio, Attn: DMCA Designated Agent, 727 North 1550 East, 3rd Floor, Orem, UT 84097. The notice must include the information required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, identification of the allegedly infringing material with sufficient detail to locate it, your contact information, and the statements required by law.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles, and the federal laws of the United States.
13.2 Binding Arbitration
Except for claims relating to either party's intellectual property rights and except for actions to enforce or collect amounts owed, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Sites will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Expedited Procedures where applicable. The arbitration will be held in Salt Lake City, Utah, before a single arbitrator. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this arbitration provision.
13.3 Class Action Waiver
ANY ARBITRATION OR COURT PROCEEDING UNDER THESE TERMS MUST BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AND NEXIO AGREE THAT NEITHER PARTY WILL ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM. If this waiver is found unenforceable, the entire arbitration provision in Section 13.2 will be unenforceable and the dispute will be resolved in the state or federal courts located in Salt Lake County, Utah.
13.4 Jury Trial Waiver
IF, FOR ANY REASON, A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND NEXIO EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
14. Changes to These Terms
Nexio may modify these Terms from time to time by posting a revised version on the Sites. The "Last Updated" date at the top of these Terms indicates when the latest changes were made. For material changes, Nexio will provide at least thirty (30) days' advance notice by posting a notice on the Sites or by another reasonable means before the changes take effect. Your continued use of the Sites after the effective date of a revised version constitutes your acceptance of the revised Terms.
15. General
15.1 Entire Agreement
These Terms (together with the Privacy Policy and the Cookie Policy, and any product-specific terms that apply to your use of a particular Nexio tool) constitute the entire agreement between you and Nexio with respect to the Sites, and supersede all prior or contemporaneous agreements, communications, or understandings on that subject.
15.2 Notices
Formal legal notices to Nexio must be sent in writing to Complete Merchant Solutions, LLC d/b/a Nexio, Attn: Legal, 727 North 1550 East, 3rd Floor, Orem, UT 84097, with a copy to legal@nex.io. Notices to you may be sent by email to an address you have provided or by posting on the Sites.
15.3 Electronic Communications
By using the Sites, you consent to receive communications from Nexio electronically (including by email, in-product notifications, and posting on the Sites). You agree that all agreements, notices, disclosures, and other communications that Nexio provides electronically satisfy any legal requirement that such communications be in writing.
15.4 Force Majeure
Nexio is not liable for any delay or failure in performance caused by events outside its reasonable control, including acts of God, internet or telecommunications outages, third-party service failures, labor disputes, government action, and acts of war or terrorism.
15.5 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without Nexio's prior written consent. Nexio may assign these Terms freely, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
15.6 Severability and No Waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Nexio's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
15.7 Interpretation
Section headings in these Terms are for convenience only and do not affect interpretation. "Including" means "including without limitation."
15.8 Contact
If you have questions about these Terms, please contact Nexio at support@nex.io or at the mailing address listed in Section 15.2.