EN
NEXCONN TERMS OF SERVICE
Last Updated: March 24, 2026
Effective Date: March 25, 2026
Welcome, and thank you for your interest in Nexconn. These Terms of Service are a legally binding contract between you and Nexconn regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS OR USE THE SERVICES. Please see our Privacy Policy and Data Processing Agreement for further information regarding our use of your Personal Data submitted to or via the Services.
1. DEFINITIONS
1.1 Definitions
In these Terms of Service (“Terms”), the following terms shall have the meanings set forth below:
(a) “Nexconn” means RCLOUD GLOBAL PTE. LTD., a company incorporated under the laws of the Republic of Singapore with its registered office at [25 SEAH STREET, #02-01, SINGAPORE 188381], and its Affiliates.
(c) “Services” means the internet communication cloud services provided by Nexconn, including but not limited to instant messaging (IM), real-time communication (RTC), AI API services, and push notification services, made available through www.nexconn.ai and associated APIs.
(d) “Account Data” means personal data we collect when you register for and use our Services, including but not limited to email address, phone number, company information, billing information, and service usage logs.
(e) “End User Data” means content, messages, files, and personal data of your end users that you transmit, store, or process through our Services. You are the data controller of End User Data; Nexconn acts as your data processor.
(f) “Service Region” means the geographic region you select for storing and processing End User Data, being one of: Singapore, Saudi Arabia, or United States.
(g) “You” or “Customer” means the individual or legal entity that registers for and uses the Services.
(h) “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting shares or equivalent.
(i) “Agreement” means these Terms of Service, together with the Privacy Policy, Data Processing Agreement, and any applicable Order Forms or Statements of Work.
2. CONTRACTING ENTITY AND GOVERNING LAW
2.1 Contracting Entity
You are contracting with RCLOUD GLOBAL PTE. LTD. ("Nexconn", "we", "us", or "our"). Your Account Information will be stored in Beijing, China.
2.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.
2.3 Dispute Resolution
(a) Informal Resolution: Before filing any claim or initiating arbitration, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days through good faith negotiation. Either party may initiate informal resolution by sending written notice to the other party.
(b) Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC Arbitration Rules in force at the time the arbitration is commenced.
(c) Arbitration Seat: The seat of arbitration shall be Singapore.
(d) Language: The language of arbitration shall be English.
(e) Number of Arbitrators: The arbitration shall be conducted by one (1) arbitrator appointed in accordance with the SIAC Rules.
(f) Award: The arbitral award shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction.
(g) Costs: Each party shall bear its own costs and attorneys’ fees; the arbitrator may allocate arbitration fees and costs between the parties in the award.
(h) Exception for Injunctive Relief: Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction to seek injunctive or other equitable relief for (i) intellectual property infringement or misappropriation, or (ii) breach of confidentiality obligations, pending a final determination in arbitration.
2.4 Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST NEXCONN.
3. DATA STORAGE ARCHITECTURE
3.1 Account Data Storage
(a) Your Account Data is stored in Beijing, China, in secure data centers under a written data processing agreement.
(b) Account Data is used for the following purposes: (i) Account registration, verification, and management; (ii) Billing, invoicing, and payment processing; (iii) Service provision, maintenance, and technical support; (iv) Security, fraud prevention, and legal compliance; (v) Communication regarding your account and Services.
(c) By registering for the Services, you consent to the storage and processing of your Account Data in Beijing, China, subject to the safeguards described in our Privacy Policy.
3.2 End User Data Storage
(a) Service Region Selection: You must select a Service Region when creating each application in the Nexconn Console. This selection determines where End User Data for that application will be stored and processed.
(b) Data Localization: End User Data will be stored and processed ONLY in your selected Service Region, unless: (i) You explicitly enable cross-region features for specific functionalities; (ii) Required by law or binding order of a competent authority; (iii) Necessary for technical support with your prior authorization.
(c) Your Representations: You represent and warrant that: (i) Your Service Region selection complies with applicable laws and your contractual obligations to End Users; (ii) You have obtained all necessary consents and authorizations from End Users for the transfer and processing of their data in the selected Service Region; (iii) You will inform End Users of the data storage location as required by applicable privacy laws.
3.3 Data Separation
We maintain technical and organizational measures to ensure logical separation between Account Data and End User Data. These measures include separate databases, access controls, and processing environments appropriate to each data type’s legal requirements.
3.4 Data Security
We implement industry-standard security measures to protect your data, including encryption at rest and in transit, access controls, and regular security assessments.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Registration
(a) To use the Services, you must complete the registration process and obtain a Nexconn account. During registration, you must provide accurate, current, and complete information as prompted by the registration form.
(b) You represent and warrant that: (i) You are a natural person of legal age in your jurisdiction, or a legal entity or organization with full capacity to enter into binding contracts; (ii) All registration information you submit is truthful, accurate, current, and complete; (iii) You will maintain the accuracy of such information and promptly update it as necessary.
(c) If you are registering on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.
4.2 Account Security
(a) You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys, and for all activities that occur under your account.
(b) You agree to: (i) Use strong, unique passwords for your account; (ii) Enable multi-factor authentication where available; (iii) Immediately notify us of any unauthorized use of your account or any other breach of security; (iv) Ensure that you exit from your account at the end of each session when using a shared computer.
(c) Nexconn shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
4.3 Multiple Accounts
A legal entity may own and operate multiple Nexconn accounts for different applications or business units, provided that each account complies with these Terms. One account may not be registered under or associated with multiple legal entities without prior written consent.
4.4 Enterprise Account Management
If you are an enterprise customer authorizing employees to manage your account: (a) You are responsible for establishing and maintaining internal access controls and policies; (b) You are fully responsible for all actions taken by your authorized users; (c) You must promptly revoke access for employees who no longer require it.
5. SERVICE DESCRIPTION AND USAGE
5.1 Service Description
The Services under these Terms refers to the communication and artificial intelligence services displayed on www.nexconn.ai and other products/services negotiated and selected by both parties, as well as the related technical and network support services. The specific products and services shall be subject to your subscription.
5.2 Service Providers
Relevant products/services may be provided by one legal entity of Nexconn, or jointly provided by multiple legal entities of Nexconn, or provided by Nexconn together with its partner(s). The specific entity and the model of providing the specific products/services shall refer to the information displayed on the official website of Nexconn and order(s), or the Service Terms signed between Nexconn and you.
5.3 User Limit for Free Tier
When your Nexconn IM service exceeds 100 registered users, you must upgrade to either Starter or Pro version.
6. FEES AND PAYMENT
6.1 Pricing and Currency
(a) All fees are quoted and payable in United States Dollars (USD), unless otherwise agreed in a signed Order Form.
(b) Fees are based on the pricing displayed on our website at the time of purchase or as specified in your Order Form, and may include: (i) Communication Metrics: the number of Chat Monthly Active Users (MAU) processed or registered through the Nexconn Service, Peak Concurrent Connections (PCC), file storage and file upload traffic; (ii) AI Metrics: Tokens consumed (input and output), number of model inference calls, and dedicated instance hosting fees (collectively, "Usage Fees"); (iii) Dynamic Pricing: You acknowledge that AI service fees may be adjusted based on upstream provider costs; Nexconn will notify you of such changes via the official website or billing console.
6.2 Payment Terms
(a) To use the Services, you must (i) link a valid credit card to your account via Stripe in the Billing/Payment page, and (ii) ensure your APP is launched by clicking "Launch" in the Configuration/Chat settings/Chat plan section (the "Purchase Requirements"). Nexconn will calculate your fees monthly, and Stripe will automatically charge the linked credit card on the 1st of each month. Upon service discontinuation, Nexconn will issue a final invoice, and Stripe will automatically process the payment. Invoices will be delivered via Stripe.
(b) Recurring Plan Fees: Charged upfront on the 1st of each month for the subscribed MAU tier and associated free allowances (e.g., file storage, upload traffic).
(c) Overage Fees: Applied if usage exceeds the plan's free allowances for MAU, PCC, file storage, or file upload traffic. Overage bills are generated on the 1st of the following month and charged automatically.
(d) All fees are non-refundable and non-cancelable, except as provided in Section 6.5. No refunds or credits will be issued for partial months, upgrades, downgrades, or unused service periods. Fees exclude any applicable sales, use, withholding, excise, or VAT taxes, for which you are solely responsible, including any related penalties or interest arising from payment or use of Nexconn services.
6.3 Taxes
(a) All fees are exclusive of taxes, duties, levies, or similar governmental assessments of any nature.
(b) You are responsible for all applicable taxes, including but not limited to value-added tax (VAT), goods and services tax (GST), sales tax, and withholding tax, based on your jurisdiction.
(c) If withholding tax applies to payments under these Terms, you must gross up the payment amount to ensure we receive the full invoice amount.
6.4 No Setoff
All payments must be made in full without any setoff, counterclaim, deduction, or withholding. If any deduction or withholding is legally required, you must notify Nexconn and pay additional amounts so that Nexconn receives the full invoiced amount.
6.5 Fee Disputes
If you dispute any portion of a bill, you must contact Nexconn customer service within 30 days of receiving the invoice, specifying the basis for the dispute. Nexconn will review the dispute and provide a response within a reasonable timeframe. Any verified adjustments will be reflected in the following month's invoice. If you do not raise an objection within 30 days of receiving the invoice will constitute acceptance of the bill.
6.6 Late Payment
Invoices must be paid in full by the billing date (e.g., the 1st of the month for plan fees or overage charges). Failure to pay within 7 days of the due date will result in immediate suspension of the services. Undisputed amounts unpaid for 30 or more days will incur a monthly finance charge of 1.5% (or the maximum rate permitted by law), compounded daily and calculated retroactively from the original due date until full payment is received. Services will resume only after Nexconn confirms receipt of all outstanding amounts, including accrued fees and charges.
6.7 Special Offers
Nexconn may offer Special Offers, such as "limited time free", "limited time discount", "limited discount", "top-up discount" or "free service" during specific periods for marketing or promotional purposes. You acknowledge and agree that: (1) Special Offers may be temporary, phased or quantity-limited, or restricted to customers meeting specific criteria, and must be used in accordance with their applicable rules; (2) Some Special Offers are conditional on your commitment to a minimum service term or usage volume. If you cancel the corresponding subscription without justifiable cause, Nexconn reserves the right to (a) restore the original billing price, (b) charge unsubscription or refund handling fees, (c) revoke the Special Offer, (d) require repayment of discounts already enjoyed, or (e) take other reasonable measures to address the breach; (3) Unless otherwise agreed in writing for the purchased Services or by both parties, different Special Offers cannot be combined.
6.8 Price Adjustment
Nexconn reserves the right to set, adjust, or update service fees in accordance with the service fee descriptions, Orders, or relevant agreements. The charging model includes pre-recharge, and you must maintain a sufficient available balance to access the Services. Specific fees are subject to the pricing announcement on the Nexconn website or other written agreements between you and Nexconn. Failure to pay fees on time will entitle Nexconn to suspend the Services and, after 45 days of non-payment, terminate the provision of relevant products/services unilaterally.
6.9 Plan Changes
(a)Initial Purchase: Upon selecting a plan, fees are calculated and charged immediately upon confirmation.
(b)Upgrades: Take effect immediately. The prorated price difference for the remaining billing cycle is charged upon confirmation.
(c)Downgrades: Take effect on the 1st day of the following billing cycle. No prorated refunds are provided for the current cycle.
6.10 Account Closure and Termination
(a) If you intend to stop using the subscribed Services, you must proactively terminate them by shutting down the Services, deleting applications, or following Nexconn's specified account closure procedures. Non-payment of fees does not constitute termination of Service usage, and you remain liable for all accrued charges until the Services are formally shut down. Nexconn will retain your data for 30 days after termination (unless otherwise specified in the Service rules) to allow for data retrieval, during which applicable storage fees may apply.
(b) Upon termination, you remain responsible for all charges incurred prior to termination.
6.11 Refund Policy
All fees are generally non-refundable and non-cancelable. Refunds or credits will only be provided if we materially decrease functionality, as required by applicable law, or at our sole discretion for exceptional circumstances.
7. YOUR RIGHTS AND OBLIGATIONS
7.1 Compliance with Documentation
You shall use the Services in accordance with: (a) The applicable product/service documentation; (b) Technical specifications and usage procedures; (c) Any additional guidelines or policies we publish.
7.2 Security Obligations
You are responsible for: (a)Implementing appropriate security measures in your applications;(b) Establishing information security and confidentiality policies for your organization; (c) Ensuring your End Users’ voluntary acceptance of your services; (d) Being fully liable for your End Users’ actions.
7.3 Intellectual Property
(a) You acknowledge that Nexconn and its licensors own all intellectual property rights in the Services, including but not limited to software, APIs, documentation, trademarks, and trade secrets.
(b) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during the term of your subscription.
(c) You shall not: (i) Copy, modify, translate, or create derivative works of the Services; (ii) Reverse engineer, decompile, or disassemble the Services; (iii) Rent, lease, lend, sell, sublicense, or transfer the Services; (iv) Remove or alter any proprietary notices or labels.
(d) Derivative commercial software you develop using our Services requires our prior written authorization.
7.4 Prohibited Content and Activities
You agree not to use the Services to store, transmit, or process any content, or engage in any activity, that:
(a) Violates applicable laws, regulations, or these Terms;
(b) Infringes intellectual property rights, privacy rights, or other rights of third parties;
(c) Is fraudulent, deceptive, misleading, or promotes illegal activities;
(d) Contains malware, viruses, worms, Trojan horses, or other harmful code;
(e) Constitutes hate speech, harassment, or threats against individuals or groups;
(f) Is pornographic, sexually explicit, or promotes human trafficking;
(g) Involves illegal gambling, cryptocurrency scams, or financial fraud;
(h) Interferes with or disrupts the Services or servers/networks connected to the Services;
(i) Attempts to gain unauthorized access to any systems or accounts;
(j) Violates export control laws or sanctions programs.
7.5 Content Monitoring and Takedown
(a) You shall establish and maintain procedures to monitor and remove prohibited content transmitted through your use of the Services.
(b) Upon our request or upon becoming aware of prohibited content, you must promptly remove such content and cooperate with any investigation.
(c) We reserve the right to suspend or terminate access to any content or application that violates these Terms.
7.6 Backup and Data Export
You are responsible for maintaining backups of your data and applications. While we implement data redundancy measures, you should regularly export critical data through our APIs or console.
8. SUSPENSION AND TERMINATION
8.1 Suspension by Nexconn
We may suspend your access to the Services immediately and without prior notice if:
(a) You violate these Terms or applicable law;
(b) Your use poses a security risk or may harm our systems or other customers;
(c) You fail to pay fees within seven (7) days of the due date;
(d) Required by law, regulation, court order, or request from a governmental authority;
(e) Your account is inactive for more than twelve (12) months (with 30 days’ prior notice).
8.2 Effect of Suspension
(a) During suspension, you will not be able to access the Services, but your data will generally remain stored subject to our data retention policies.
(b) Suspension does not relieve you of your obligation to pay fees incurred prior to suspension.
(c) We will use commercially reasonable efforts to notify you of the suspension and the steps required for reinstatement.
8.3 Termination by Customer
You may terminate these Terms and your use of the Services at any time by closing your account through the console.
8.4 Termination by Nexconn
We may terminate these Terms and your access to the Services: (a) Immediately if you materially breach these Terms and fail to cure within fifteen (15) days of notice; (b) Immediately if required by law or to comply with a court order; (c) With thirty (30) days’ written notice for any reason.
8.5 Effect of Termination
Upon termination or expiration of these Terms:
(a) All licenses granted to you shall immediately terminate;
(b) You must cease all use of the Services;
(c)Account Data: We will delete your Account Data within ninety (90) days, except: (i) Billing records retained for seven (7) years as required by tax law; (ii) Anonymized usage statistics retained for analytical purposes;
(d)End User Data: Deletion will be handled in accordance with the Data Processing Agreement;
(e) You remain liable for all fees incurred prior to termination.
8.6 Survival
Sections 2 (Governing Law), 7.3 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), and 11 (General Provisions) shall survive termination of these Terms.
9. LIMITATION OF LIABILITY
9.1 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXCONN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(b) DAMAGES RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES;(iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9.2 Liability Cap
EXCEPT FOR: (a) YOUR PAYMENT OBLIGATIONS UNDER SECTION 6; (b) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10; (c) YOUR BREACH OF SECTION 7.3 (INTELLECTUAL PROPERTY); (d) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW;
THE TOTAL LIABILITY OF NEXCONN AND ITS AFFILIATES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEXCONN FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
9.3 Exclusions
The limitations in this Section 9 shall not apply to: (a) Death or personal injury caused by negligence; (b) Fraud or fraudulent misrepresentation; (c) Willful misconduct or gross negligence; (d) Any other liability that cannot be excluded or limited under applicable law.
9.4 Basis of the Bargain
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEXCONN, AND THAT NEXCONN WOULD NOT PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS.
10. INDEMNIFICATION
10.1 Indemnification by Customer
You agree to indemnify, defend, and hold harmless Nexconn and its Affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) Your use of the Services;
(b) Your violation of these Terms or applicable law;
(c) Your violation of any rights of a third party, including intellectual property or privacy rights;
(d) Your content or applications, including claims that they infringe third-party rights or violate applicable law;
(e) Your End Users’ use of the Services through your applications.
10.2 Indemnification Procedure
(a) We will provide you with prompt written notice of any claim subject to indemnification;
(b) You will have the right to control the defense and settlement of the claim;
(c) We will cooperate with your defense at your expense;
(d) You may not settle any claim in a manner that adversely affects our rights without our prior written consent.
11. GENERAL PROVISIONS
11.1 Entire Agreement
These Terms, together with the Privacy Policy, Data Processing Agreement, and any applicable Order Forms/Agreements, constitute the entire agreement between you and Nexconn regarding the Services and supersede all prior agreements, understandings, and representations.
11.2 Order of Precedence
In the event of any conflict or inconsistency between the documents comprising the Agreement, the following order of precedence shall apply:
(a) For matters relating to the processing of End User Data: Data Processing Agreement prevails;
(b) For matters relating to the privacy of Account Data: Privacy Policy prevails;
(c) For all other matters: Terms of Service prevails;
(d) Any Order Form or Statement of Work or Agreements prevails over conflicting terms in these standard documents, but only with respect to the specific Services covered by that Order Form or Statement of Work or Agreements.
11.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.
11.4 Waiver
No waiver of any provision of these Terms shall be effective unless in writing signed by the party against whom the waiver is sought to be enforced. No failure or delay by either party in exercising any right shall constitute a waiver of that right.
11.5 Assignment
(a) You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent.
(b) Any attempted assignment in violation of this Section shall be null and void.
(c) We may assign these Terms to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.
11.6 Notices
(a)Notices to You: We may provide notices to you by: (i) Email to the address associated with your account; (ii) Console notification when you log in; (iii) Posting on our website. Notices sent by email shall be deemed received twenty-four (24) hours after sending.
(b)Notices to Us: Notices to us should be sent to: General Notices: customercare@nexconn.ai, Privacy Matters: privacy@nexconn.ai, DPA Matters: dpa@nexconn.ai.
11.7 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. The affected party shall give prompt written notice to the other party and shall use commercially reasonable efforts to resume performance.
11.8 Export Control
You acknowledge that the Services may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and shall not export, re-export, or transfer the Services to any prohibited destination, entity, or individual.
11.9 Language
These Terms are drafted in English. Any translation provided is for convenience only. In case of any conflict between the English version and a translation, the English version shall prevail.
11.10 No Agency
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between the parties. Neither party has authority to bind the other or incur obligations on the other’s behalf.
11.11 Third-Party Beneficiaries
Except as expressly provided herein, nothing in these Terms shall confer any rights upon any third party.
11.12 Electronic Communications
By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
11.13 Changes to Terms
(a) We may modify these Terms from time to time.
(b) Material changes will be notified via email or console notification at least seven (7) days before the changes take effect.
(c) Your continued use of the Services after the effective date of changes constitutes your acceptance of the modified Terms.
(d) If you do not agree to the modified Terms, you must stop using the Services before the changes take effect.
12. AI SERVICES
12.1 AI Services Definition
(a) "AI Services" means the artificial intelligence services provided by Nexconn, including but not limited to Large Language Model (LLM) API services, AI Agent services, and other AI-powered features made available through our platform.
(b) AI Services are provided through integration with third-party AI models and computing resources. The specific models, capabilities, and technical parameters are subject to the documentation published on www.nexconn.ai.
(c) Nexconn reserves the right to modify, update, or replace the underlying AI models and service features in accordance with technological developments and regulatory requirements.
12.2 Acceptable Use of AI Services
(a) You agree to use AI Services only in compliance with applicable laws, regulations, and these Terms. You shall not:
(i) Use AI Services to generate, transmit, or distribute content that violates Section 7.4 (Prohibited Content and Activities);
(ii) Employ prompt engineering, parameter manipulation, instruction injection, or any other techniques to induce AI to generate illegal, infringing, or harmful content, including but not limited to violence, hate speech, misinformation, defamation, or content that infringes upon others' portrait rights, reputation rights, or copyright;
(iii) Use AI Services to generate content that endangers national security, undermines national unity, promotes cults or superstition, or creates and disseminates deepfake content;
(iv) Circumvent or attempt to circumvent any safety filters, content moderation mechanisms, or usage limitations implemented by Nexconn or its upstream providers;
(v) Use AI Services for any automated decision-making that may have significant legal or similarly significant effects on individuals without appropriate human oversight;
(vi) Resell, sublicense, or redistribute AI Services to third parties without prior written authorization from Nexconn.
(b) You acknowledge that AI Services are subject to usage limits, rate limits, and fair use policies as specified in our documentation. Nexconn reserves the right to suspend or limit your access if your usage exceeds these limits or constitutes abuse.
12.3 Content Moderation and Review Obligations
(a) You are solely responsible for reviewing and approving all content generated by AI Services before publication, distribution, or use in production environments. You must establish appropriate content review mechanisms to ensure AI-generated content complies with applicable laws and these Terms.
(b) Nexconn may implement keyword filtering, content classification, and automated moderation systems to detect and block prohibited inputs or outputs. Such measures are provided as supplementary safeguards only and do not relieve you of your primary responsibility for content review.
(c) Nexconn does not guarantee the accuracy, completeness, or appropriateness of automated moderation results. You agree that reliance on such moderation systems is at your own risk.
(d) Upon Nexconn's request or upon becoming aware of any AI-generated content that violates these Terms or applicable laws, you must promptly remove such content and cooperate with any investigation.
12.4 Intellectual Property and Generated Content
(a) Input Data: All data, prompts, materials, and instructions you provide to AI Services ("Input Data") remain your property or the property of your licensors. You represent and warrant that you have all necessary rights, licenses, and consents to provide such Input Data to AI Services.
(b) Output Data: Subject to your compliance with these Terms and applicable laws, you retain ownership of original content generated by AI Services based on your Input Data ("Output Data"). However, you acknowledge that:
(i) AI-generated content may not be eligible for copyright protection in all jurisdictions;
(ii) Similar or identical content may be generated for other users;
(iii) You are responsible for ensuring your use of Output Data does not infringe third-party rights.
(c) Restrictions: You shall not:
(i) Represent AI-generated content as wholly human-created without appropriate disclosure;
(ii) Use AI Services to generate content that plagiarizes or infringes upon the intellectual property rights of third parties;
(iii) Remove or alter any watermarks, attribution notices, or AI-generated markers that Nexconn may include in Output Data.
(d) Feedback: Any feedback, suggestions, or improvements you provide regarding AI Services may be used by Nexconn without restriction or compensation to you.
12.5 Data Processing and Privacy
(a) Input Data Processing: Nexconn processes Input Data solely for the purpose of providing AI Services. Unless otherwise agreed in writing, Nexconn will not use your Input Data to train or improve AI models without your explicit consent.
(b) Data Retention: Nexconn will retain Input Data and Output Data in accordance with our Data Processing Agreement and applicable data protection laws. You may request deletion of such data through the mechanisms provided in our console, subject to legal retention requirements.
(c) Personal Data: If your Input Data contains personal data, you are responsible for obtaining all necessary consents and ensuring lawful processing. You must not input special category personal data (as defined under GDPR) or sensitive personal information (as defined under applicable privacy laws) into AI Services unless explicitly authorized by Nexconn in writing.
(d) Data Security: Nexconn implements appropriate technical and organizational measures to protect Input Data and Output Data. However, you acknowledge that transmission of data to third-party AI providers involves inherent security risks.
12.6 Cross-Border Data Transfers
(a) If you use AI Services to process data across borders, you are solely responsible for ensuring compliance with data export control laws and regulations of all applicable jurisdictions, including but not limited to laws governing cross-border data transfers from the European Union, China, and other jurisdictions with data localization requirements.
(b) Nexconn may transfer Input Data to third-party AI providers located in different jurisdictions for processing. By using AI Services, you consent to such transfers and acknowledge that data protection standards in destination jurisdictions may differ from those in your jurisdiction.
(c) You are responsible for implementing appropriate safeguards for cross-border data transfers, including but not limited to standard contractual clauses, binding corporate rules, or other legally recognized transfer mechanisms.
12.7 Regulatory Compliance
(a) Algorithmic Accountability: If you use AI Services to provide services to end-users in jurisdictions requiring algorithmic transparency or accountability (such as the European Union's AI Act), you are responsible for complying with such requirements, including providing appropriate disclosures to end-users.
(b) Generative AI Regulations: If you use AI Services to provide generative AI services to the public, you are responsible for complying with applicable regulations, including but not limited to completing any required algorithm registrations, security assessments, and obtaining necessary licenses or approvals.
(c) Industry-Specific Requirements: If you use AI Services in regulated industries (such as healthcare, finance, legal, or education), you are responsible for ensuring compliance with all applicable industry-specific regulations and standards.
(d) Nexconn will comply with applicable regulatory requirements for providing AI Services, including completing any required registrations, assessments, or filings. If regulatory changes require modifications to AI Services, Nexconn will notify you in advance where reasonably practicable.
12.8 Disclaimer of Warranties for AI Services
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AI SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEXCONN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
(b) You acknowledge and agree that:
(i) AI Services rely on third-party large language models and computing resources. Nexconn does not guarantee the accuracy, continuity, compliance, or completeness of such third-party models;
(ii) AI-generated content may contain errors, omissions, biases, or inappropriate content;
(iii) AI Services may not meet your specific requirements or expectations;
(iv) AI Services may be interrupted, modified, or discontinued due to third-party provider issues, policy changes, or termination of partnerships.
(c) If AI Services are interrupted, modified, or discontinued due to third-party provider issues, Nexconn may substitute equivalent models, adjust service features, or terminate the relevant services without liability. Nexconn will provide advance notice where reasonably practicable.
(d) Nexconn is not responsible for any decisions, actions, or outcomes resulting from your use of AI Services or reliance on AI-generated content.
12.9 Limitation of Liability for AI Services
(a) NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NEXCONN SHALL NOT BE LIABLE FOR:
(i) ANY DAMAGES ARISING FROM AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM INACCURATE, INFRINGING, DEFAMATORY, OR OTHERWISE HARMFUL CONTENT;
(ii) ANY LOSSES RESULTING FROM YOUR FAILURE TO REVIEW AI-GENERATED CONTENT OR YOUR USE OF SUCH CONTENT IN VIOLATION OF THESE TERMS;
(iii) ANY DAMAGES ARISING FROM YOUR USE OF AI SERVICES FOR PROHIBITED PURPOSES OR IN VIOLATION OF APPLICABLE LAWS;
(iv) ANY INTERRUPTION, MODIFICATION, OR DISCONTINUATION OF AI SERVICES DUE TO THIRD-PARTY PROVIDER ISSUES OR REGULATORY CHANGES.
(b) Your sole and exclusive remedy for dissatisfaction with AI Services is to discontinue use of such services.
12.10 Indemnification for AI Services
You agree to indemnify, defend, and hold harmless Nexconn and its Affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or relating to:
(a) Your use of AI Services in violation of these Terms or applicable laws;
(b) AI-generated content created through your use of AI Services;
(c) Your failure to comply with content review obligations or regulatory requirements;
(d) Any claims by third parties arising from your use or distribution of AI-generated content;
(e) Your violation of any rights of a third party, including intellectual property or privacy rights;
(f) Your content or applications, including claims that they infringe third-party rights or violate applicable law;
(g) Your End Users’ use of the Services through your applications.
13. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at: customercare@nexconn.ai