TERMS OF SERVICE 

These Terms of Service (“Terms”) form a binding agreement between you (“User”, “Organization”, “Account Holder”) and Nexvolve Limited (“Nexvolve”, “we”, “us”, “our”).
By accessing or using any Nexvolve applications, modules, or systems (“Services”), you agree to these Terms.

If you do not agree, do not use the Services.

1. Definitions

• “Organization”: The person or entity creating an account and submitting data.

• “End Users”: Individuals whose data is entered by the Organization.

• “Entities”: Tenants, clients, customers, members, or any persons added to the system.

• “Services”: All Nexvolve systems including CRM, ticketing, messaging automation, workflows, dashboards, and future modules.

• “Communication Gateway”: Third-party messaging or notification providers.

2. Acceptance of Terms

By using the Services, you:

✔ Agree to these Terms
✔ Confirm legal authority to act on behalf of your Organization
✔ Agree to follow all applicable laws
✔ Accept that Terms may be updated at any time

Continued use = acceptance of updates.

3. Scope of Services

Nexvolve provides:

• CRM and automation tools

• Ticket management system

• Sales and workflow dashboards

• Automated notification delivery

• Additional modules as developed
  
  

Nexvolve may modify or discontinue features at its discretion.

4. Role of Nexvolve

Nexvolve is a Software Provider and Data Processor.

Nexvolve does NOT:

• verify accuracy of data entered by Organizations

• participate in property, tenancy, church, sales, or client relationships

• provide legal, financial, or professional advice

• monitor private messages or conversations

• assume any responsibility for the Organization’s operations
  
  

The Organization is fully responsible for how it uses the Services.

5. User Responsibilities

Organizations agree to:

• input lawful, accurate data

• use the Services in compliance with all laws

• secure their login credentials

• avoid spam, harassment, or abusive messaging

• ensure recipients have a lawful basis for receiving messages

• prevent unauthorized use of accounts
  
  

Prohibited actions:

❌ spamming
❌ illegal content
❌ defamatory or offensive labeling
❌ system abuse
❌ data scraping
❌ bypassing messaging limits
❌ reverse engineering

Nexvolve may suspend accounts for any violation.

6. Usage-Based Billing

Fees are based on usage:

• number of active entities

• module usage

• messaging usage
  
  

You agree to:

• pay all applicable charges

• allow automatic pricing adjustments

• accept suspension for unpaid balances
  
  

Pricing may change with notice.

7. Data Protection

Nexvolve complies with the Kenya Data Protection Act (2019).

Organizations:

• act as Data Controllers

• must have a lawful basis for processing

• are responsible for informing their End Users

• authorize Nexvolve to process data solely for service delivery
  
  

Refer to the Privacy Policy for further details.

8. Automated Messages & Content Responsibility

The Services may generate and send automated notifications using system templates that dynamically insert data provided by the Organization.

8.1 Organization Responsible for All Input Data

All message content — including names, labels, dates, numbers, and custom fields — is entirely based on data entered by the Organization.

Nexvolve does not verify, correct, validate, moderate, or approve any Organization-provided data.

The Organization bears full and exclusive liability for:

• spelling mistakes

• offensive or inappropriate names

• incorrect invoice amounts

• incorrect due dates

• wrong unit/room identifiers

• wrong assignments

• misleading or harmful fields

• defamatory or abusive data

• any consequences arising from such data
  
  

8.2 No Pre-Send Review

Automated messages may send without manual review or preview.
The Organization acknowledges:

• messages may be delivered before being viewed

• Nexvolve has no obligation to provide a review step

• Nexvolve bears no liability for content sent based on user-supplied data
  
  

8.3 Legal Responsibility

The Organization is responsible for ensuring all message content is:

• lawful

• appropriate

• non-abusive

• non-defamatory

• compliant with regulations
  
  

8.4 No Liability for Dynamic Content

Nexvolve shall not be liable for:

• incorrect, offensive, or unlawful data inserted into messages

• delivery of messages containing such data

• disputes, harm, or damages arising from messages

• regulatory or legal consequences affecting the Organization
  
  

8.5 Templates Do Not Transfer Liability

Providing system templates does not make Nexvolve the publisher or creator of the final message.
The Organization authorizes Nexvolve to send notifications on its behalf and assumes full legal responsibility.

9. Service Availability

Nexvolve does not guarantee:

• continuous uptime

• error-free performance

• perfect delivery accuracy

• third-party provider availability
  
  

Temporary outages or delays do not entitle refunds.

10. Limitation of Liability

To the fullest extent permitted by Kenyan law:

NEXVOLVE SHALL NOT BE LIABLE FOR:

• data loss or corruption

• incorrect automated message content

• financial, emotional, or reputational harm

• regulatory fines resulting from the Organization’s misuse

• indirect, consequential, or punitive damages

• third-party service outages
  
  

TOTAL LIABILITY SHALL NOT EXCEED ONE MONTH OF FEES PAID,
and is zero for free or trial accounts.

11. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.”
No warranties are expressed or implied.

12. Termination

Nexvolve may suspend or terminate accounts for:

• violations of these Terms

• unlawful activity

• spam or messaging abuse

• failure to pay

• threats to system security
  
  

Organizations may close accounts at any time.
No refunds are issued after termination.

13. Governing Law & Jurisdiction

These Terms are governed by Kenyan law.
All disputes shall be handled exclusively in Nairobi courts.

14. Contact

Nexvolve Limited
Registered in Kenya
Registration No.: PVT-PQ1ALAA7
Email: info@nexvolve.app