Terms of service

1. Service provider

NEXO TECH SOLUTIONS SL, Tax ID B93804870, with registered office at C. Mariano Benlliure, 19A, 03009 Alicante (Spain), registered with the Commercial Registry of Alicante, Sheet A-207106. Email: nexosoft.es@gmail.com. Phone: +34 624 542 006.

2. Purpose and acceptance

These terms apply to anyone who browses the website, requests a demo or audit, or contracts Nexo Soft's services. Submitting a form or signing a proposal implies acceptance of them.

Nexo Soft's services are aimed at businesses and professionals (B2B relationships). If you contract as a consumer, the non-waivable rights granted by Spanish Royal Legislative Decree 1/2007 also apply.

3. Services

Nexo Soft offers:

• Nexo ERP: sales, purchasing, finance and accounting management software.
• Nexo WMS: warehouse management software with scanning terminals, including multi-client stock for 3PL operators.
• Implementation services: process audit, configuration, data migration, integration with online stores and marketplaces, training and go-live.
• Ongoing software support and maintenance.
• Digital marketing services (Growth): PPC campaign management and SEO.

The features, scope, timelines and price of each service are defined in the corresponding proposal. Website information is indicative and does not constitute a binding offer.

4. Free demo and audit

The software demo and the initial process audit are free of charge and create no obligation to contract further services. Nexo Soft reserves the right not to respond to requests unrelated to its business or that are clearly unsuitable.

To carry out the audit, the client will provide the information reasonably necessary about its operations, which Nexo Soft will treat confidentially.

5. Contracting and price

Contracting is formalised by written acceptance of a proposal detailing the services, schedule, price and payment terms. Prices are expressed in euros and exclude VAT, which will be added at the applicable rate.

Unless otherwise agreed, implementation services are invoiced according to the milestones set out in the proposal, and licences, support and recurring services are invoiced in advance per period. Late payment entitles Nexo Soft to suspend the service after notifying the client.

6. Client obligations

The client undertakes to:

• provide in due time the information, access and data needed for the implementation, warranting their accuracy and its right to transfer them
• appoint a contact person with decision-making authority during the project
• use the software in accordance with its purpose, the documentation and applicable law
• not assign, sublicense, decompile or reverse engineer the software, or allow its use by unauthorised third parties

7. Intellectual property

Nexo ERP, Nexo WMS and all software, documentation and materials developed by Nexo Soft are its exclusive property. Contracting grants the client a non-exclusive, non-transferable licence to use them, limited to the agreed scope and duration, and does not involve any assignment of intellectual property rights.

Data entered by the client into the software belongs to the client. On termination of the contract, Nexo Soft will provide an export in a commonly used format under the agreed conditions.

8. Confidentiality

The parties undertake to keep confidential the technical, commercial and financial information they access as a result of the relationship, during its term and for 3 years thereafter, unless it is in the public domain or must be disclosed by law.

9. Data protection

The client's contact data is processed in accordance with the privacy policy. Where, in providing the service, Nexo Soft accesses personal data for which the client is the controller (for example, data of its end customers stored in the ERP or WMS), it will act as processor and the parties will sign the contract provided for in Article 28 GDPR.

10. Warranties and liability

Nexo Soft will provide the services with due professional diligence and will correct software errors reported to it under the agreed support conditions. However, it does not warrant that the software is error-free or will operate without interruption.

Business results (sales, productivity, rankings or campaign performance) depend on factors beyond Nexo Soft's control, so no specific results are guaranteed.

Except in cases of wilful misconduct or gross negligence, Nexo Soft's total liability to the client is limited to the amount paid by the client in the 12 months preceding the event giving rise to it, and excludes loss of profit and indirect damages. This limitation does not apply to consumers' non-waivable rights.

11. Term and termination

The term of each service is as stated in the proposal. Recurring services renew automatically for equal periods unless notice to the contrary is given 30 days in advance. Either party may terminate the contract in the event of a material breach by the other that is not remedied within 30 days of notice.

12. Changes to the terms

Nexo Soft may amend these terms to adapt them to legal changes or changes in its business. Amendments will be published on the website with the date and will not affect contracts already signed, unless agreed with the client.

13. Severability

If any clause is declared null, it will be deemed not written without affecting the validity of the remaining terms.

14. Governing law and jurisdiction

These terms are governed by Spanish law. Any dispute will be submitted to the courts of Alicante (Spain), waiving any other jurisdiction, unless the client is a consumer, in which case the courts of the consumer's domicile will have jurisdiction.