Terms of Service

1. Eligibility and accounts

You must be at least 18 years old and legally able to enter into these Terms. If you use Nexomata for an organization, you represent that you may bind that organization.

You must provide accurate account information, protect your credentials, and promptly notify us of suspected unauthorized use. You are responsible for activity under your account except to the extent caused by Nexomata.

2. Services

Nexomata provides automated file review, professional file verification, file repair, prepress rescue, and related print-production preparation services. The description shown at checkout, in a quote, or in a signed statement of work controls the scope of a purchase.

Automated results identify technical risks based on configured rules and do not replace customer review, printer specifications, a press proof, or final production approval. Human verification is a separate service unless expressly included.

3. Customer content and instructions

You retain ownership of files and other content you submit. You grant Nexomata a limited, non-exclusive license to receive, scan, analyze, reproduce, modify, store, and deliver that content only as reasonably necessary to provide, secure, support, and document the requested services.

You represent that you have all rights and permissions needed for submitted content and instructions. Do not submit unlawful content, malware, regulated data, or information that Nexomata has not agreed in writing to handle. Keep independent backup copies of all files.

4. Customer review and production responsibility

You must inspect all reports and delivered files before production and confirm compatibility with the final printer, equipment, substrate, inks, finishing, and specifications. Nexomata does not operate or control third-party presses, RIPs, calibration, materials, shipping, or finishing.

Unless a signed statement of work says otherwise, Nexomata does not guarantee a particular printed result, color match, production acceptance, or absence of every possible file issue.

5. Prices, quotes, and payment

Prices, included usage, taxes, deposits, billing timing, and renewal terms are shown at checkout or in the applicable quote or agreement. Accepted quotes remain valid for the stated period. We may change future prices but will not retroactively change a completed purchase.

You authorize the disclosed payment provider to charge approved amounts. Work may pause for failed or overdue payment. You are responsible for applicable taxes except taxes on Nexomata's income.

6. Memberships

If you purchase a recurring membership, its price, billing interval, included credits, rollover limits, and benefits are disclosed before purchase. Memberships renew until canceled.

You may cancel future renewal through the available account or support channel. Cancellation does not reverse already delivered benefits or charges except as required by law or the Refund Policy. Membership credits have no cash value and are governed by the plan terms presented at purchase.

7. Timing and changes

Processing and delivery estimates are not guarantees. File size or complexity, security review, service demand, third-party outages, payment status, and customer response time may affect completion.

Changes requested after work begins may require a revised quote, schedule, or written change order.

8. Acceptable use

You may not use the services to violate law or third-party rights; distribute malicious code; evade access controls; interfere with the platform; probe systems without written permission; submit content you do not have authority to use; or misrepresent automated output as a professional certification.

We may suspend access reasonably necessary to address fraud, abuse, security risk, nonpayment, or a material breach. Where practical, we will provide notice and an opportunity to cure.

9. Confidentiality, privacy, and retention

We use reasonable safeguards and limit use of customer files to delivering and operating the services. Our Privacy Policy explains our collection, use, disclosure, retention, and customer-request practices.

The current operating target for production-file retention is 30 days unless a service agreement, legal obligation, dispute, security need, or customer instruction requires a different period.

10. Intellectual property

Nexomata and its licensors retain ownership of the platform, software, workflows, documentation, report formats, trademarks, and other pre-existing materials. These Terms do not transfer that ownership.

Subject to payment and these Terms, you may use delivered reports and corrected customer files for your internal and production purposes. Any separately licensed material remains subject to its license.

11. Third-party services

The services may rely on hosting, storage, email, payment, and other third-party providers. Their services may be subject to separate terms. Nexomata is not responsible for third-party products outside its reasonable control, but this does not limit rights that cannot lawfully be limited.

12. Refunds and cancellations

Refunds, re-performance, and cancellation eligibility are governed by the Refund Policy in effect when the purchase is made. Nothing in these Terms restricts non-waivable consumer rights.

13. Disclaimers

To the extent permitted by law, the services are provided on an “as available” basis. Nexomata disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where a warranty cannot be disclaimed.

No automated or professional review can identify every possible production issue. You remain responsible for final approval and production decisions.

14. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or production time, arising from these Terms or the services.

To the fullest extent permitted by law, Nexomata's aggregate liability for a claim will not exceed the amount you paid Nexomata for the service giving rise to the claim during the twelve months before the event. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.

15. Indemnity

To the extent permitted by law, you will defend and indemnify Nexomata against third-party claims arising from content you submit, your instructions, your unlawful use of the services, or your violation of third-party rights. This obligation does not apply to the extent a claim results from Nexomata's own breach or misconduct.

16. Termination

You may stop using the services at any time. Either party may terminate an applicable service agreement as that agreement permits. Provisions that by their nature should survive—including payment, ownership, confidentiality, disclaimers, liability limits, and dispute terms—survive termination.

17. Governing law and disputes

These Terms are governed by Pennsylvania law, without regard to conflict-of-law rules. The state and federal courts serving Monroe County, Pennsylvania have exclusive jurisdiction, unless applicable law gives you a non-waivable right to bring a claim elsewhere.

Before filing a claim, each party will make a good-faith effort for 30 days to resolve the dispute after written notice. This does not prevent either party from seeking urgent injunctive relief or using small-claims court where eligible.

18. Changes to these Terms

We may update these Terms prospectively. We will post a new effective date and provide additional notice when required. Material changes do not apply retroactively to a completed purchase unless agreed or required by law. Continued use after revised Terms take effect constitutes acceptance only where legally permitted and after any required notice.

19. General

These Terms, the Privacy Policy, Refund Policy, applicable order details, and any signed agreement form the agreement for the services. A signed agreement controls if it expressly conflicts with these Terms. If a provision is unenforceable, the remainder stays effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without consent; Nexomata may assign them in connection with a merger, financing, reorganization, or sale of the relevant business.

20. Contact

Questions or legal notices may be sent to:

Nexomata LLC
East Stroudsburg, PA 18301
hello@nexomata.com
https://www.nexomata.com