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Terms of Service

Version 2026-10-26 · Effective October 26, 2026

These Terms of Service (the "Terms") are an agreement between you and Nexus Projects AI Corp, a Delaware corporation ("Nextify", "we", "us"), the company that provides the Nextify cloud services, website (www.nextifynow.com), customer portal and API (together, the "Services"). By creating an account or using the Services you agree to these Terms, the Acceptable Use Policy and the prices shown on our pricing page. If you accept for a company or other organization, you confirm you can bind it, and "you" means that organization.

1. Accounts and eligibility

You must be at least 18 years old and able to enter a binding contract. Give us accurate information, including a working email address, and keep it up to date. You are responsible for everything done with your account, its users and its API tokens, and for keeping your credentials secure. Tell us promptly if you believe your account has been used without your permission. We may refuse or close an account that was created with false information or to get around a suspension.

2. The Services

The Services include virtual machines (including Secure VMs and GPU VMs), block storage and snapshots, S3-compatible object storage, networking (public IP addresses, private networks, firewalls, VPN gateways) and load balancers, as described on our website and in the Knowledge Base. We run the Services on our own equipment in a data center in Fresno, California. We may add, change or remove features. If we remove a feature you pay for, we will tell you in advance where we reasonably can.

Capacity is limited. Some machine types, GPUs and regions may be out of stock, and accounts have usage limits (quotas) that you can ask us to raise. We do not guarantee that capacity will be available when you ask for it.

3. Fees, billing and payment

  • Prices. You pay the prices shown in the portal and on the pricing page when the usage happens, or the prices in a written agreement with us. We may change prices; a price increase takes effect no earlier than 30 days after we announce it.
  • Hourly billing. Instances, load balancer nodes and additional public IP addresses are billed per hour, rounded to the nearest whole hour with a minimum of one hour, and never more than their monthly price in a billing period. A stopped instance is not billed for compute. Block volumes and snapshots are billed per GB-month from creation until you delete them, and outbound data transfer beyond the included allowance is billed per GiB, as the pricing page explains.
  • Invoices. We invoice monthly in arrears; some machine types (for example some GPU VMs) are invoiced weekly or daily, as shown when you create them. Invoices are issued and charged through Stripe.
  • Payment method. You must keep a valid payment card on file to create resources, and you authorize us to charge it for every invoice when it is issued. Amounts are in US dollars and do not include taxes; you pay any sales, use or similar taxes that apply, other than taxes on our income.
  • Late payment. If a payment fails we will tell you and retry it. If an invoice is still unpaid 14 days after we notify you, we may suspend the Services until it is paid, and after a further 30 days we may terminate your account under section 7.
  • Disputes and refunds. Tell us about a billing error within 60 days of the invoice. Fees are not refundable except where we made a billing error or the law requires it; we may issue account credit at our discretion. Credits have no cash value and expire 12 months after they are issued unless we say otherwise.

4. Your content

"Your Content" is the data, software and other material you or your users store or run on the Services. You keep all rights in Your Content. You give us only the rights we need to host, copy, transmit and process it to provide the Services, to keep them secure and to comply with the law. We do not access Your Content except to provide the Services, when you ask us to (for example in a support request), to investigate abuse or protect the Services, or when the law requires it.

You are responsible for Your Content, for having the rights to use it, for the security of what you run (operating systems, applications, firewall rules and keys) and for keeping your own backups. Snapshots are stored on the same platform as the data they copy and are not a separate backup.

5. Your responsibilities

You must use the Services in line with the law and the Acceptable Use Policy. You are responsible for your users and for anyone you let use resources in your account. If you offer services to others using Nextify, you are responsible to them, and these Terms do not give them any rights against us.

6. Suspension

We may suspend all or part of the Services, or a specific resource, if we reasonably believe that (a) you are breaking these Terms or the Acceptable Use Policy, (b) your use is a security risk or harms the Services, other customers or third parties, (c) an invoice is overdue as described in section 3, or (d) the law requires it. Where we reasonably can, we will tell you first and give you a chance to fix the problem. We will lift the suspension once the cause is resolved.

7. Termination

You can stop using the Services at any time by deleting your resources; to close your account, contact us. We may terminate these Terms or your account with 30 days' notice for any reason, or immediately if you materially breach these Terms and do not fix the breach within 10 days of our notice, if you repeatedly or seriously break the Acceptable Use Policy, or if the law requires it.

When your account ends, you must pay all fees up to that point. Your resources stop and Your Content is deleted. Where termination is not for a breach or legal reason, we will keep Your Content for at least 30 days so you can retrieve it, if you ask us to; after that we have no obligation to keep it. Sections 3 (for fees owed), 4, 8, 9, 10 and 12 continue after termination.

8. Disclaimers

We work to keep the Services reliable and secure, but the Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, error-free or that data will not be lost. Unless we agree to a service level in writing, there is no service level agreement. Secure VMs and their attestation reduce the ways the platform can see a guest's memory; they do not make any workload immune to every attack.

9. Limitation of liability

To the fullest extent the law allows: (a) neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if told they were possible; and (b) our total liability for all claims arising out of or relating to the Services or these Terms is limited to the amount you paid us for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to your obligation to pay fees, to your obligations under section 10, or to liability that cannot be limited by law.

10. Indemnity

You will defend and indemnify Nextify, its officers and employees against third-party claims, and the resulting losses and reasonable costs, arising from Your Content or from your or your users' breach of these Terms or the Acceptable Use Policy.

11. Changes to these Terms

We may change these Terms. We will publish the new version on this page with its effective date and, for a material change, tell you by email or in the portal at least 30 days before it takes effect. If you do not agree to a change, you may stop using the Services before it takes effect; continuing to use them afterwards means you accept the new version.

12. General

  • Governing law. These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The state and federal courts located in the State of New Jersey have exclusive jurisdiction over any dispute, unless the law where you live gives you the right to bring a claim in your local courts.
  • Notices. We send notices to the email address on your account or show them in the portal. You send notices through the Contact page or to support@nextifynow.com, and legal notices also in writing to the address below.
  • Force majeure. Neither party is liable for failing to perform because of events beyond its reasonable control, such as power or network failures outside our facilities, natural disasters or acts of government; this does not excuse payment.
  • Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or to a successor of our business.
  • Entire agreement. These Terms, the Acceptable Use Policy, the Referral Program Terms (if you take part) and any written agreement signed by both parties are the whole agreement about the Services. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it. Export and sanctions laws apply to your use of the Services.

13. Contact

Nexus Projects AI Corp (a Delaware corporation), 191 West Shaw Avenue, Suite 201, Fresno, CA 93704, United States. Questions: the Contact page or support@nextifynow.com.