Terms of Service
These Terms of Service ("Terms") govern access to and use of the websites, products, demos, software, and services provided by Nexcom AI LLC ("Nexcom AI," "we," "us," or "our"), including GrowthStarter AI, GrowthMap Interview, and Lead Concierge AI (collectively, the "Services").
By accessing or using the Services, creating an account, requesting a demo, or purchasing a subscription, you agree to these Terms.
SMS Messaging Terms
By opting in to receive SMS text messages from Nexcom AI or any business powered by the Nexcom AI platform, you agree to the following terms:
1. Services
Nexcom AI provides lead retention, growth workflow, AI-assisted assessment, campaign drafting, voice and SMS concierge, calendar scheduling, CRM, and reporting tools for businesses. Features may vary by plan, configuration, and availability. We may modify, improve, suspend, replace, or discontinue features at any time.
2. Accounts and Authorized Users
You are responsible for all activity under your account and for ensuring that your users comply with these Terms. You must provide accurate account, billing, and business information and keep it updated. You are responsible for maintaining the confidentiality of credentials and promptly notifying us of unauthorized access.
3. Customer Data
"Customer Data" means data, leads, contacts, messages, business information, files, prompts, recordings, transcripts, calendar details, and other content that you or your users submit to the Services. As between you and Nexcom AI, you retain ownership of Customer Data.
You grant Nexcom AI a limited right to host, process, transmit, display, analyze, and use Customer Data as needed to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.
You represent and warrant that you have all rights, notices, permissions, consents, and lawful bases necessary to provide Customer Data to Nexcom AI and to use it with the Services.
4. AI Outputs and Human Review
The Services may generate AI-assisted outputs, including lead scores, summaries, recommendations, scripts, messages, reports, and campaign ideas. AI outputs may be inaccurate, incomplete, or unsuitable for your circumstances. You are responsible for reviewing, approving, editing, and validating all AI outputs before using them.
5. Outreach, Messaging, SMS, Email, and Calendar Scheduling
You are solely responsible for your communications with leads, prospects, customers, and third parties. This includes compliance with laws and platform rules governing email, SMS, voice, telemarketing, consent, recording, do-not-call, do-not-contact, unsubscribe, opt-out, and privacy.
You agree not to use the Services to send unlawful, deceptive, harassing, discriminatory, abusive, unsolicited, or non-compliant communications. You must honor opt-outs and suppression requests immediately.
6. Fees, Billing, and Subscriptions
Fees are stated at the time of purchase or in an order form. Unless otherwise stated in writing, subscription fees are billed in advance and are non-refundable except where required by law. You authorize Nexcom AI and our payment processors to charge your selected payment method for fees, taxes, renewals, and applicable charges.
7. Cancellations
You may cancel by contacting us at hello@nexcomai.ai. Cancellation stops future renewals but does not automatically refund prior fees unless required by law or expressly agreed in writing.
8. Acceptable Use
You agree not to:
- Use the Services for unlawful, harmful, deceptive, abusive, or infringing activity.
- Upload data you do not have permission to use.
- Send spam, unlawful marketing, or communications that violate consent or platform rules.
- Attempt to reverse engineer, scrape, overload, bypass, or interfere with the Services.
- Submit protected health information, payment card data, government identifiers, or children's data unless expressly agreed in writing.
- Misrepresent AI outputs as guaranteed facts or guaranteed business results.
9. Third-Party Services
The Services may connect to third-party platforms such as hosting providers, AI providers, payment processors, SMS providers, calendar systems, and CRMs. We are not responsible for third-party services, outages, data practices, pricing changes, or terms.
10. Intellectual Property
Nexcom AI and its licensors own the Services, software, workflows, designs, documentation, templates, product names, branding, and related intellectual property. Except for your limited right to use the Services under these Terms, no rights are transferred to you.
11. No Professional Advice
The Services do not provide legal, financial, tax, employment, insurance, medical, or other professional advice. You should consult qualified professionals for those matters.
12. No Guarantee of Results
Nexcom AI does not guarantee any specific number of leads, appointments, conversions, revenue, or business outcomes. Results depend on many factors outside our control.
13. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available." Nexcom AI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted operation.
14. Limitation of Liability
To the fullest extent permitted by law, Nexcom AI LLC and its owners, officers, employees, contractors, suppliers, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages. Nexcom AI's total liability will not exceed the amounts you paid to Nexcom AI during the three months before the event giving rise to liability, or $100, whichever is greater.
15. Indemnification
You agree to defend, indemnify, and hold harmless Nexcom AI LLC and its owners, officers, employees, contractors, suppliers, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses arising from your Customer Data, your use of the Services, your communications or outreach, your violation of these Terms, or your violation of law or third-party rights.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. The parties will first try to resolve disputes informally by contacting hello@nexcomai.ai.
17. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Continued use of the Services after changes become effective means you accept the updated Terms.
18. Contact
Nexcom AI LLC
Website: nexcomai.ai
Email: hello@nexcomai.ai