Legal

Terms of Service

Please read these terms carefully before using our services.

Effective Date: June 5, 2026nexvara.pro

Acceptance of Terms

By accessing or by engaging Nexvara for any services — including web development, app development, scripting, automation, or related digital services — you ('Client' or 'User') agree to be legally bound by these Terms of Service ('Agreement'). If you do not agree, you must not use our services. These Terms constitute the entire and exclusive agreement between you and Nexvara with respect to its subject matter and supersede all prior agreements, representations, or understandings.

Definitions

'Nexvara' refers to the business entity operating under the Nexvara brand, reachable at nexvara.pro.
'Client' refers to any individual or legal entity that engages Nexvara for services or accesses nexvara.pro.
'Services' refers to all digital services provided by Nexvara, including but not limited to web development, app development, scripting, plugins, and system automation.
'Deliverables' refers to any work product, code, designs, or materials produced by Nexvara under a project agreement.
'Project Agreement' refers to any written proposal, contract, statement of work, or written communication confirming an engagement between Nexvara and a Client.
'Intellectual Property' (IP) refers to all patents, copyrights, trademarks, trade secrets, source code, and other proprietary rights.

Services

Nexvara provides digital craftsmanship services including but not limited to:

Web Development: Scalable, high-performance web applications built on modern frameworks.
App Development: Native and cross-platform mobile and desktop application architectures.
Scripting & Plugins: Custom automation scripts, plugins, and API integrations.
System Optimization: Analysis and improvement of existing digital systems and workflows.

All specific deliverables, timelines, milestones, and pricing are defined in individual Project Agreements executed in writing between Nexvara and the Client.

Project Agreements & Payment

4.1 Scope of Work

All projects require a signed or written Project Agreement before work commences. Any modifications to agreed scope must be documented in writing via a change order and may result in revised pricing and timelines. Verbal approvals do not constitute valid change orders.

4.2 Payment Terms

Unless otherwise specified in the Project Agreement:

An upfront deposit may be required before work begins.
Final deliverables are released only upon receipt of full and cleared payment.
Invoices are due within the timeframe stated on the invoice. Overdue invoices may incur a late payment fee of 1.5% per month or the maximum permitted by applicable law, whichever is lower.

4.3 Refund Policy

All payments for work completed and delivered in accordance with the Project Agreement are non-refundable. Disputes regarding deliverables must be raised in writing within seven (7) calendar days of delivery. Refunds, if granted, are issued at Nexvara's sole discretion on a case-by-case basis.

Intellectual Property Rights

5.1 Ownership of Deliverables

Upon receipt of full payment, the Client is granted full ownership of the final Deliverables specifically created for that project, as outlined in the Project Agreement. This transfer of ownership applies only to the specific final output, not to the underlying tools, frameworks, or methods used to create it.

5.2 Nexvara Retained IP

Nexvara retains all rights, title, and interest in:

Pre-existing proprietary tools, libraries, codebases, frameworks, and methodologies developed independently of any client project.
Any general-purpose utilities or components not created exclusively for the Client.
The right to reference the project in its portfolio and case studies, unless confidentiality is expressly requested in writing.

5.3 Third-Party Components

Any third-party software, libraries, or assets incorporated into Deliverables are subject to their respective licenses. Nexvara will disclose significant third-party dependencies used. The Client is responsible for ensuring compliance with those third-party licenses in their use of the Deliverables.

5.4 Client-Provided Materials

The Client represents and warrants that any materials, content, trademarks, or assets provided to Nexvara for use in a project are legally owned or licensed by the Client. The Client indemnifies Nexvara against any claims arising from use of such materials.

Confidentiality

Both parties agree to hold in strict confidence any proprietary, technical, business, or financial information disclosed during the engagement that is designated as confidential or that a reasonable person would consider confidential ('Confidential Information'). Neither party shall disclose Confidential Information to any third party without prior written consent. This obligation survives termination of the Agreement for a period of three (3) years. Exceptions apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law, provided the disclosing party is given prompt prior written notice.

Client Obligations & Acceptable Use

The Client agrees to:

Provide accurate, complete, and timely information, materials, and feedback required for project completion.
Review and respond to deliverables and milestone submissions within agreed review periods.
Not use Nexvara's services for any purpose that is unlawful, fraudulent, harmful, or in violation of any applicable law or regulation.
Not reverse-engineer, decompile, or misappropriate any Nexvara proprietary tools or systems.
Ensure all materials provided to Nexvara are free from third-party claims.

Violation of any acceptable use obligations may result in immediate termination of services and forfeiture of any unpaid deliverables.

Warranties & Disclaimers

8.1 Nexvara Warranties

Nexvara warrants that: (a) all services will be performed with reasonable professional skill and care; (b) Nexvara has the authority to enter into this Agreement; and (c) the Deliverables will materially conform to the specifications in the Project Agreement at the time of delivery.

8.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, ALL SERVICES AND DELIVERABLES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. Nexvara does not warrant that third-party integrations, APIs, or platforms used in Deliverables will remain functional or available over time, as these are outside Nexvara's control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXVARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF NEXVARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nexvara's total aggregate liability to any Client under or in connection with this Agreement shall not exceed the total fees paid by that Client to Nexvara for the specific project giving rise to the claim, in the twelve (12) months preceding the event giving rise to such liability.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, Nexvara's liability shall be limited to the fullest extent permitted by law.

10.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, internet or telecommunications failures, power outages, cyberattacks, pandemics, or any other event outside the affected party's reasonable control ('Force Majeure Event').

The affected party must notify the other party in writing as soon as reasonably practicable upon becoming aware of a Force Majeure Event. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected portion of the Agreement without liability, subject to payment for work completed to date.

11.

Termination

11.1 Termination by Either Party

Either party may terminate a project engagement by providing fourteen (14) days' written notice to the other party. Upon termination, the Client shall pay for all work completed up to the date of termination, and Nexvara shall deliver all completed work upon receipt of such payment.

11.2 Termination for Cause

Nexvara may terminate this Agreement immediately and without notice if the Client: (a) breaches any material provision of these Terms and fails to cure such breach within five (5) days of written notice; (b) engages in abusive, harassing, or unlawful conduct; or (c) becomes insolvent or enters bankruptcy proceedings.

11.3 Effect of Termination

Upon termination, all licenses granted to the Client for undelivered work shall immediately cease. Confidentiality obligations, IP rights, limitation of liability, and any accrued payment obligations survive termination.

12.

Dispute Resolution

12.1 Good-Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or its breach, the parties agree to first attempt to resolve the matter through good-faith written negotiation for a period of thirty (30) days from the date one party notifies the other of the dispute.

12.2 Mediation

If the dispute is not resolved through negotiation, the parties agree to attempt resolution through a mutually agreed-upon mediator before pursuing any other legal remedy. Mediation costs shall be shared equally.

12.3 Binding Arbitration / Legal Proceedings

If mediation fails, either party may pursue resolution through the courts of competent jurisdiction as specified in Section 13. Each party waives any right to a class action or class-wide arbitration.

13.

Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with applicable law. The parties agree that any legal action or proceeding arising under this Agreement shall be subject to the exclusive jurisdiction of the courts competent for the location from which Nexvara primarily operates. Nexvara provides services to clients globally; however, this Agreement does not constitute a waiver of any jurisdictional defenses available to Nexvara.

Clients engaging Nexvara from the European Union (EU) acknowledge that certain consumer protection provisions of their local law may apply in addition to these terms.

14.

Regulatory & Legal Framework

Nexvara operates in the digital services sector and is cognizant of the following legal frameworks. Both parties acknowledge their applicability where relevant:

14.1 Cybersecurity & Computer Access Laws

Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030: Nexvara does not engage in, and explicitly prohibits Clients from requesting, any unauthorized access to computer systems, networks, or data as part of any service engagement. Any scope of work involving security testing, penetration testing, or system access must be explicitly authorized in writing by all relevant parties prior to commencement.
UK Computer Misuse Act 1990 / EU Directive 2013/40/EU on Attacks Against Information Systems: Nexvara's services comply with applicable cybersecurity legislation across jurisdictions in which it operates. Services that would constitute unauthorized access or interference with computer systems will not be performed under any circumstances.
Cybersecurity Information Sharing Act (CISA), 6 U.S.C. § 1501 et seq.: Where applicable, Nexvara may share anonymized threat indicators with trusted parties to enhance security, but never in a manner that includes personal client data.

14.2 Intellectual Property Law

Copyright Law — 17 U.S.C. (U.S.) / Berne Convention (International): All original code, designs, and written content produced by Nexvara is protected by copyright at the moment of creation. Ownership transfers to the Client only upon full payment as stipulated in Section 5.
Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512: Nexvara respects intellectual property rights. If you believe any material on nexvara.pro infringes your copyright, please submit a written notice through nexvara.pro containing: identification of the copyrighted work, identification of the allegedly infringing material, your contact information, and a statement of good-faith belief that the use is unauthorized.
Software Licensing Compliance: Any open-source components incorporated into Deliverables are used in compliance with their respective licenses (MIT, Apache 2.0, GPL, etc.). Nexvara will disclose significant open-source dependencies upon request.

14.3 Electronic Commerce & Contract Law

Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001: Electronic agreements, written confirmations, and digital signatures carry full legal weight under applicable law. Project Agreements executed via email or digital signature platforms are legally binding.
EU Electronic Commerce Directive 2000/31/EC: For Clients in the European Union, Nexvara complies with applicable e-commerce regulations governing digital service contracts, including provision of required pre-contractual information.
Uniform Commercial Code (UCC) Article 2B / UCITA (where enacted): To the extent applicable in your jurisdiction, these terms address software development services and digital deliverables.

14.4 Consumer Protection

Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41: Nexvara does not engage in unfair or deceptive trade practices. All service descriptions, capabilities, and pricing presented through nexvara.pro are accurate and non-misleading.
EU Consumer Rights Directive 2011/83/EU: Clients in the EU who qualify as consumers retain statutory rights under applicable consumer protection law. Nothing in these Terms is intended to limit rights that cannot be excluded by contract under mandatory law.

14.5 Export Controls

Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774 / OFAC Sanctions: Nexvara's software and technology services are subject to U.S. and applicable international export control laws. The Client represents that they are not located in, or acting on behalf of any party in, a jurisdiction subject to comprehensive U.S. trade sanctions (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea region). Nexvara reserves the right to decline engagements that would violate export control regulations.

15.

Compliance with Applicable Laws

Both parties agree to comply with all applicable laws and regulations in connection with their activities under this Agreement, including but not limited to:

Intellectual property laws and software licensing requirements.
Export control and trade sanction regulations applicable to software and technology.
Consumer protection laws applicable in the Client's jurisdiction.
Data protection laws to the extent that Client data is processed (see the Nexvara Privacy Policy for full details).

The Client represents that their use of Nexvara's services and Deliverables will comply with all laws applicable to them. Nexvara reserves the right to decline or terminate services that it reasonably believes would cause either party to violate applicable law.

16.

Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from this Agreement. All remaining provisions shall continue in full force and effect. The invalidity of one provision does not affect the validity of the Agreement as a whole.

17.

Entire Agreement & Amendments

These Terms of Service, together with any executed Project Agreement and the Nexvara Privacy Policy, constitute the entire agreement between the parties with respect to its subject matter and supersede all prior and contemporaneous agreements, proposals, representations, or understandings, whether written or oral.

Nexvara reserves the right to amend these Terms at any time. Amendments will be posted at nexvara.pro with an updated effective date. For existing engagements, material amendments will be communicated directly. Continued use of our services after the effective date of any amendment constitutes acceptance of the revised Terms.

18.

Waiver

No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy. A waiver of any breach of this Agreement shall not constitute a waiver of any subsequent breach. All waivers must be in writing and signed by an authorized representative of the waiving party to be effective.

19.

Contact & Notices

All formal notices under this Agreement must be made in writing and delivered via email or through the contact form at nexvara.pro. Notices are effective upon confirmed receipt. For general inquiries or questions about these Terms, contact us through nexvara.pro.