Terms of Service

Last updated: November 28, 2025

These terms govern your use of Nexiom Connect. Please read them carefully before using our service.

1

Agreement to Terms

By accessing or using Nexiom Connect's email and SMS API service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

By using our Service, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, and that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

Description of Service

Nexiom Connect provides a developer-focused platform for sending transactional and marketing communications. Our Service includes:

  • Email API for sending transactional and marketing emails
  • SMS API for sending text messages globally
  • Contact management and audience segmentation
  • Real-time delivery tracking and analytics
  • Webhook notifications for delivery events
  • Email and SMS templates
  • SMTP relay service
  • Domain verification and authentication (SPF, DKIM, DMARC)
  • API documentation, SDKs, and technical support

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

3

Account Registration and Security

To use our Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration and keep it updated
  • Maintain the security and confidentiality of your API keys, passwords, and credentials
  • Be solely responsible for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account
  • Not share your account credentials or API keys with unauthorized third parties
  • Use strong passwords and enable two-factor authentication when available

Security Notice: You are responsible for all activity under your account. Never commit API keys to public repositories or share them in insecure channels. Use environment variables and secret management tools.

Acceptable Use Policy

You agree not to use our Service to:

Prohibited Content

  • Send spam, unsolicited bulk emails, or unwanted commercial messages
  • Distribute malware, viruses, phishing attempts, or harmful content
  • Share illegal, fraudulent, or deceptive content
  • Transmit content that infringes intellectual property rights
  • Send adult content, hate speech, or content promoting violence

Prohibited Activities

  • Violate any applicable laws, regulations, or third-party rights
  • Harass, abuse, threaten, or harm others
  • Impersonate any person, entity, or falsify your identity
  • Attempt to gain unauthorized access to our systems or user accounts
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service for cryptocurrency mining or similar activities
  • Resell or redistribute the Service without authorization

Email Best Practices

  • Only send to recipients who have opted in to receive your emails
  • Include a clear unsubscribe link in all marketing emails
  • Honor unsubscribe requests immediately
  • Maintain clean email lists and remove bounced addresses
  • Comply with CAN-SPAM, GDPR, and other applicable regulations

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

Payment Terms

  • Billing Cycle: Paid plans are billed in advance on a monthly basis. Your billing cycle begins on the date you subscribe to a paid plan.
  • Payment Methods: We accept major credit cards and debit cards. All payments are processed securely through our payment processor (Stripe).
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
  • Pricing Changes: We reserve the right to modify our pricing with 30 days advance notice via email. Changes will take effect on your next billing cycle.
  • Refunds: All fees are non-refundable except as required by law or as explicitly stated in our refund policy. We do not provide refunds or credits for partial months of service.
  • Failed Payments: If a payment fails, we will attempt to charge your payment method again. After multiple failed attempts, your account may be suspended until payment is received.
  • Taxes: You are responsible for all applicable taxes. Prices are exclusive of all taxes, levies, or duties.

Service Level Agreement

We strive to maintain high availability and reliability:

  • Uptime Target: We target 99.9% uptime for our API endpoints
  • Enterprise SLA: Enterprise customers receive a formal SLA with guaranteed uptime commitments and service credits for any outages
  • Monitoring: Real-time service status is available at status.connect.nxiom.com
  • Maintenance: Scheduled maintenance will be announced at least 48 hours in advance when possible

The SLA does not cover outages caused by factors outside our control, including third-party services, internet connectivity issues, or actions by you or your users.

7

Limitation of Liability

To the maximum extent permitted by applicable law:

  • Nexiom LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not responsible for delays or failures in email/SMS delivery caused by recipient servers, ISPs, or carrier networks

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8

Account Termination

We may terminate or suspend your account and access to the Service:

  • Immediately, without prior notice, for any breach of these Terms
  • For violations of our Acceptable Use Policy
  • For fraudulent or illegal activity
  • For non-payment of fees
  • If we determine that your use harms our service or other users

You may cancel your account at any time through your account settings. Upon termination, your right to use the Service will cease immediately. We may retain certain data as required by law or for legitimate business purposes as outlined in our Privacy Policy.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes via email or through a prominent notice on our Service at least 30 days before the changes take effect. For minor changes, we will update the "Last updated" date at the top of this page. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

10

General Provisions

  • Governing Law: These Terms shall be governed by the laws of the jurisdiction where Nexiom LLC is registered
  • Dispute Resolution: Any disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in full effect
  • Assignment: You may not assign these Terms without our prior written consent
  • Entire Agreement: These Terms constitute the entire agreement between you and Nexiom LLC
11

Contact Information

For questions about these Terms of Service, please contact us:

Legal Inquiries

legal@nxiom.com

Company

Nexiom LLC