Policies

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the NexBies software-as-a-service platform (the "Service") operated by NexBies ("us", "we", or "our").

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or NexBies cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting customer support.

A valid payment method is required to process the payment for your Subscription. We use a secure, PCI-compliant third-party payment processor to handle all transactions. You shall provide NexBies with accurate and complete billing information including full name, address, state, zip code, and valid payment method information.

4. Content Ownership

You retain full ownership of all content, data, and information that you submit to the Service ("Your Content"). This includes, but is not limited to, member data, custom branding assets (logos, colors), and any other materials you provide. We claim no intellectual property rights over Your Content. Our access to Your Content is solely for the purpose of providing and improving the Service for you.

5. Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate NexBies, a NexBies employee, another user, or any other person or entity.

6. Intellectual Property of the Service

The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of NexBies and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

7. Termination and Data Retention

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Upon termination initiated by you or us, your account will enter a "soft-deleted" state. Your data will be retained in an archived, inactive state for a period of 90 days. During this period, you may contact us to request reactivation of your account. After 90 days, your data will be permanently and irreversibly deleted from our live and archived systems, except where we are required to retain it for legal or financial record-keeping purposes.

For specific data deletion requests under privacy regulations such as GDPR, you may request immediate permanent deletion of data by contacting our support team.

8. Limitation of Liability

In no event shall NexBies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Us

If you have any questions about these Terms, please contact us at: legal@NexBies-app.com

NexBies ("we", "our", or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our software-as-a-service platform (the "Service"). We comply with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

1. Information We Collect

We may collect personal information from you in a variety of ways, including:

• Personal Identification Information: Name, email address, and phone number when you register for an account or contact us.
• Payment Information: We use PCI-compliant third-party payment processors to handle all payment transactions. We do not store your credit card details on our servers.
• Tenant and Member Data: As part of the Service, you (our customer, the "Tenant") will provide us with data about your members, which may include names, contact details, and other personal information. You are responsible for ensuring you have the necessary consents to provide this data to us.
• Usage Data: Information about how you access and use the Service, including your IP address, browser type, operating system, and pages visited.
• Cookies and Tracking Technologies: We use cookies to enhance your experience, remember your preferences, and gather analytics data.

2. How We Use Your Information

We use the information we collect to:

• Provide, operate, and maintain our Service.
• Process your transactions and manage your subscription.
• Improve, personalize, and expand our Service.
• Communicate with you, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes.
• Monitor and analyze usage and trends to improve your experience.
• Enforce our terms and conditions and prevent fraudulent activities.

3. Disclosure of Your Information

We do not sell, trade, or rent your personal identification information to others. We may share your information in the following situations:

• With Service Providers: We may share your information with third-party vendors and service providers that perform services for us or on our behalf, such as payment processing, data analysis, and email delivery.
• For Legal Reasons: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
• To Protect Our Rights: We may disclose your information to enforce our policies, or to protect our rights, property, or safety, or that of others.

4. Data Security, Backup, and Disaster Recovery

We use administrative, technical, and physical security measures to help protect your personal information. This includes using SSL encryption for data in transit and encrypting sensitive data at rest. Our platform utilizes industry-standard backup procedures, including Point-in-Time Recovery (PITR) which allows us to restore data to any point within the last seven days, and automated daily backups for long-term archival and disaster recovery. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

5. Your Data Protection Rights under Australian Law

In accordance with the Australian Privacy Principles, you have the following rights:

• The right to access – You have the right to request copies of your personal data.
• The right to rectification – You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.
• The right to data portability - You have the right to request your data in a portable format (e.g., CSV). The Service provides export functionality for your core data.
• The right to complain – You have the right to complain to the Office of the Australian Information Commissioner (OAIC) if you believe we have breached the APPs.

To exercise these rights, please contact us using the contact information below.

6. GDPR for European Users

If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Your rights under GDPR include the right to access, update, or delete the information we have on you (the "right to be forgotten"), the right of rectification, the right to object, the right of restriction, the right to data portability, and the right to withdraw consent.

7. Cross-Border Data Transfers

Your information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Service, you consent to the transfer of information to countries outside of your country of residence, including Australia, which may have different data protection rules than those of your country.

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at: privacy@NexBies-app.com

At NexBies, we want to ensure our customers are satisfied with our service. This policy outlines the terms and conditions for refunds for our subscription-based services, in accordance with Australian Consumer Law.

1. General Policy

Our services are provided on a subscription basis. Payments are billed in advance for each billing cycle (monthly or annually).

We do not generally offer refunds for subscription fees that have already been paid. This includes partial refunds for unused time within a billing cycle if you choose to cancel your subscription.

2. Australian Consumer Law Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services supplied again or a refund if the services fail to be of acceptable quality and the failure does not amount to a major failure.

A "major failure" occurs when:

• The service is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time.
• The service is unsafe.
• The service is significantly different from the sample or description.
• The service has a problem that would have stopped someone from buying it if they had known about it.

If you believe there has been a major failure with the service you have purchased, please contact us to discuss a remedy.

3. Cancellation of Subscription

You can cancel your subscription at any time through your account settings. When you cancel, you will continue to have access to the service until the end of your current paid billing cycle. No further charges will be made to your account after cancellation.

4. Discretionary Refunds

In certain circumstances, we may, at our sole discretion, offer a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5. How to Request a Refund

If you believe you are entitled to a refund under Australian Consumer Law, please contact our support team with the following information:

• Your account name and email address.
• The reason for the refund request.
• Details of the issue or "major failure".
• Date of the transaction.

Please send your request to support@NexBies-app.com. We will review your request and respond within a reasonable timeframe.

This Acceptable Use Policy ("AUP") outlines the rules and guidelines for using the NexBies software-as-a-service platform (the "Service"). This policy is designed to protect the Service, our users, and the wider community from illegal, harmful, or irresponsible activity. Violation of this policy may result in suspension or termination of your account.

1. Prohibited Activities

You agree not to use, or allow others to use, the Service to engage in the following activities:

Illegal and Harmful Activities

• Engaging in any activity that is illegal under Australian federal, state, or local law.
• Distributing, storing, or transmitting any material that is fraudulent, abusive, defamatory, obscene, or otherwise objectionable.
• Promoting or facilitating violence, terrorism, or other serious harm.

Security Violations

• Attempting to gain unauthorized access to any system, network, or account, including probing, scanning, or testing the vulnerability of a system.
• Interfering with the service to any user, host, or network, including mail-bombing, flooding, or deliberate attempts to overload a system.
• Distributing viruses, malware, or other malicious software.

Email and Messaging Abuse

• Sending unsolicited commercial email (spam) or any other form of unsolicited communication.
• Using the Service to send emails with forged headers or other misleading information.
• Violating the Australian Spam Act 2003 or other applicable anti-spam laws.

Infringement of Intellectual Property

• Infringing upon the intellectual property rights of others, including copyright, trademarks, patents, or trade secrets. This includes uploading or sharing content for which you do not have the necessary rights.

2. Content Standards

As a Tenant, you are responsible for all data and content you upload to the Service, including information about your members. You agree not to upload content that is illegal, offensive, or violates the rights of others. We reserve the right, but do not assume the obligation, to remove any content that we deem to be in violation of this policy.

3. Reporting Violations

If you become aware of any violation of this AUP, you agree to notify us immediately. We will investigate the report and take appropriate action. To report a violation, please contact us at abuse@NexBies-app.com.

4. Enforcement

We reserve the right to suspend or terminate your access to the Service, without notice, for any violation of this AUP. We may also cooperate with law enforcement authorities and legal proceedings in the investigation of any suspected criminal or civil wrongdoing.

5. Changes to This Policy

We may revise this Acceptable Use Policy at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

This Cookie Policy explains what cookies are and how NexBies ("we", "our", or "us") uses them on our website and software-as-a-service platform (the "Service"). You should read this policy so you can understand what type of cookies we use, the information we collect using cookies and how that information is used.

1. What Are Cookies?

Cookies are small text files that are placed on your computer or mobile device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

2. How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site.

• Essential Cookies: These cookies are necessary for the Service to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms.
• Performance and Analytics Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Service. They help us to know which pages are the most and least popular and see how visitors move around the site.
• Functionality Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages.

3. Your Choices Regarding Cookies

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by setting or amending your web browser controls to accept or refuse cookies.

If you choose to reject cookies, you may still use our website and Service, though your access to some functionality and areas may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

4. Changes to This Cookie Policy

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal, or regulatory reasons. Please, therefore, re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

5. Contact Us

If you have any questions about our use of cookies or other technologies, please email us at privacy@NexBies-app.com.