Terms & Conditions
Legal Entity: Rekin Empire SRL, doing business as Nexa Grow AI (“Nexa Grow AI,” “we,” “us,” “our”)
Website: https://www.nexagrow.co
Contact Email: matheus@nexagrow.co
Registered Address: Bulevardul Regina Elisabeta 7-9, Etaj 2, Camera 34, Sector 3, Bucharest, Romania, 030018.
1. Acceptance of these Terms
By accessing or using our website, software, AI voice agents, SMS services, dashboards, or any related products (collectively, the “Services”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Services.
2. Changes to the Terms
We may update these Terms from time to time. The “Effective Date” above shows the latest version. We’ll post changes here and may notify you via email or in-app notice. Continuing to use the Services after changes take effect means you accept them.
3. Eligibility & Accounts
ou must be at least 18 years old and able to form a binding contract. If you create an account, you are responsible for:
keeping your login credentials secure;
all activity that occurs under your account.
Notify us immediately at matheus@nexagrow.co if you suspect unauthorized use.
4. Description of Services
Nexa Grow AI provides AI-powered voice agents, SMS/MMS messaging, follow-up automation, lead-engagement workflows, analytics dashboards, and related consulting (“Services”). We may add, modify, or discontinue features at any time.
5. Your Responsibilities
You agree to:
Provide accurate, current information about your business and contacts.
Obtain, document, and maintain proper consent from your leads/customers before we send them calls or messages on your behalf.
Use the Services in compliance with all applicable laws, regulations, and carrier rules (including, without limitation, TCPA, CAN-SPAM, CTIA, GDPR/CCPA if applicable).
Include required opt-out instructions (“Reply STOP to opt out, HELP for help”) in your custom message templates, if you supply any.
6. Messaging, Calling & A2P 10DLC Compliance
If you enable us to place calls or send texts on your behalf:
Consent. You represent that each recipient has provided the legally required consent to receive messages/calls.
Opt-Out. You acknowledge we will honor STOP/HELP requests immediately and maintain opt-out lists.
Content. You will not request or send unlawful, deceptive, or prohibited content.
Recordkeeping. We may log and store consent records, call/SMS content, and opt-outs to demonstrate compliance.
Carriers. Mobile carriers are not liable for delayed or undelivered messages.
Failure to follow these rules may result in immediate suspension or termination of your access.
7. Fees, Billing & Refunds
Fees (e.g., setup fees, per-kept-appointment charges, retainers) are specified in your order form, pilot agreement, or invoice. Unless otherwise stated:
Fees are due upon receipt and non-refundable.
Late payments may result in suspension of Services.
We may change pricing by providing reasonable notice (not affecting amounts already paid or committed in a signed agreement).
8. Term; Termination
These Terms remain in effect while you use the Services. We may suspend or terminate access if you breach these Terms or misuse the Services. You may cancel at any time per your agreement. After termination, we may delete your data following any required retention period.
9. Intellectual Property
All software, code, AI models/prompts, scripts, designs, and content we provide are owned by Nexa Grow AI or its licensors. Except for the limited license necessary to use the Services, nothing transfers to you.
You grant us a non-exclusive license to use your scripts, data, and call/SMS content solely to deliver, maintain, and improve the Services.
10. Confidentiality
Each party agrees to keep the other’s non-public information confidential and to use it only for fulfilling the agreement. This excludes information that is public, independently developed, or received lawfully from a third party.
11. Data Protection & Privacy
Your use of the Services is also governed by our Privacy Policy (https://[YOURDOMAIN].com/privacy-policy). By using the Services, you consent to our collection and use of personal data as described there.
12. Prohibited Uses
You may not (and may not allow others to):
Use the Services to send unlawful, abusive, harassing, deceptive, or spam content.
Upload or transmit viruses or harmful code.
Reverse engineer, copy, or misuse our software or infrastructure.
Circumvent rate limits, security, or authentication measures.
13. Warranties & Disclaimers
We provide the Services “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific conversion, revenue, or performance outcomes.
14. Limitation of Liability
We provide the Services “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific conversion, revenue, or performance outcomes.
To the fullest extent permitted by law:
We are not liable for indirect, incidental, consequential, punitive, or special damages (including lost profits or data).
Our total liability for any claim shall not exceed the fees you paid us in the three (3) months preceding the claim.
Some jurisdictions do not allow limitations of liability; in those cases, our liability is limited to the maximum extent allowed.
15. Indemnification
You agree to indemnify, defend, and hold Nexa Grow AI and its officers, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:
your use of the Services;
your violation of these Terms;
any messages/calls you direct us to send without proper consent;
your violation of any law or rights of a third party.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of Romania, without regard to its conflict-of-law rules.
Venue: Courts located in Bucharest, Romania shall have exclusive jurisdiction.
17. Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, strikes, outages, carrier issues).
18. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to an affiliate or in a merger/acquisition.
19. Entire Agreement
These Terms (plus any signed order forms or pilot agreements and our Privacy Policy) constitute the entire agreement between you and Nexa Grow AI. If a conflict exists, a signed order form supersedes these Terms.
20. Severability & Waiver
If any provision is deemed unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of that provision.
21. Contact
Questions about these Terms? Email matheus@nexagrow.co or mail Rekin Empire SRL, Bulevardul Regina Elisabeta 7-9, Etaj 2, Camera 34, Sector 3, Bucharest, Romania, 030018.