Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or the "Customer") and Nexus High Stack, Inc., a company organized in Tennessee, USA ("Nexus High Stack," "we," "us," or "our"), governing your access to and use of the Nexus High Stack platform at nexushighstack.com and any related applications, dashboards, and services (collectively, the "Service"). By creating an account, starting a trial, or otherwise using the Service, you agree to these Terms. If you are agreeing on behalf of an agency, company, church, or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.

2. What the Service Is

Nexus High Stack is a business-management platform for agencies and the organizations they serve. It includes, among other things: a CRM with contacts and a sales pipeline; a drag-and-drop website and funnel builder; booking calendars and appointment scheduling; marketing campaigns and automated workflows; a unified conversations inbox and reputation management; white-label branding; team and role management; and, for eligible faith-based and community organizations, the Business Directory, the community stipend program, and related outreach tools described in Section 9. Features available to you depend on your plan and account type.

3. Accounts, Sub-Accounts & Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. Accounts are for business use — an "Agency" account may create one or more "Sub-Accounts" to manage its own clients, each with its own contacts, pipeline, calendars, and sites, isolated from every other Sub-Account. You are responsible for everyone you grant access to your Agency account and every Sub-Account under it, and for keeping your login credentials confidential. You are responsible for the accuracy of the information you or your team enter, and for having the right to enter any data — including data about your own clients or their customers — into the Service.

4. Plans, Trials & Billing

New accounts receive a 14-day free trial with no credit card required, limited to 3 Sub-Accounts. After the trial, continued use requires an active paid subscription — Starter, Growth, or Pro — billed monthly or annually, or an à la carte selection of individual products, all as displayed on our pricing page at the time of purchase. Subscriptions renew automatically at the then- current price for the plan you've selected unless you cancel before the renewal date. We may change our prices; where required, we'll give you notice before a price change takes effect on your next renewal. You're responsible for any taxes associated with your purchase, other than taxes on our net income.

All payments are processed by Stripe, Inc. We never see or store your full card number. By subscribing, you authorize us (via Stripe) to charge your payment method on a recurring basis until you cancel.

5. Cancellation & Refunds

You may cancel your subscription at any time from your billing settings; cancellation takes effect at the end of your current billing period, and you'll keep access until then. Except as required by law or as expressly stated in these Terms (including the guarantee described in Section 9), fees are non-refundable, including for partial billing periods or unused features.

6. Acceptable Use

You agree not to use the Service to:

• Violate any law, including laws governing marketing communications (for example, CAN-SPAM and the TCPA) when sending email or SMS campaigns through the Service;
• Infringe anyone's intellectual property, privacy, or other rights;
• Transmit malware, attempt to gain unauthorized access to any part of the Service, or interfere with its normal operation;
• Harass, defraud, or deceive any person, including through a site, funnel, or campaign built on the Service;
• Resell or white-label the Service in a way that misrepresents your relationship to Nexus High Stack, beyond the white-label branding features we provide for that purpose; or
• Scrape, reverse-engineer, or build a competing product from the Service.

If you operate as an agency reselling access to your own clients, you are responsible for your own agreement with those clients — we are not a party to it, and this Service being "down the chain" from you doesn't make us responsible for your client relationships.

7. Your Content, Your Data

You retain all rights to the content and data you or your Sub-Accounts upload or create through the Service — contacts, sermons, site content, campaign copy, uploaded media, and similar ("Customer Data"). You grant us a license to host, store, display, and transmit Customer Data solely as necessary to provide the Service to you. We do not claim ownership of Customer Data and do not use it to train third-party AI models or sell it to anyone. Section 10 of our Privacy Policy describes how we handle personal data in more detail.

8. Our Intellectual Property

The Service itself — its software, design, templates, and the Nexus High Stack name and marks — belongs to us. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes and, where the Service is designed for it (like the white-label branding and site publishing features), to present it under your own brand to your own clients.

9. The Business Directory & Community Programs

Certain features are only available to eligible vendors, merchants, churches, and community organizations ("Program Members") and are governed by these additional terms:

• Membership tiers. Paid Directory membership is tiered by member type and region (vendor or home-based business, merchant or small business, and CBO/NGO/PBO organization). Each tier has a monthly pilot fee, a one-time set-up fee charged with your first payment (waived for U.S. members during the pilot), and an optional yearly payment of ten months' fees for twelve months of membership, as published on nexushighstack.com/businesses and shown at signup. Your Directory listing is included in your membership at no additional fee.
• The no-loss guarantee. For vendor, merchant, and small-to-mid-business members, we track the business circulated back to you through the program over your first 12 months of membership. If it adds up to less than the dues you paid, we will refund the difference to your original payment method, and your second 12 months of membership will be free. The guarantee is measured on spending reported through the Service by participating organizations. It is not a guarantee of any particular number of customers or amount of business, and it does not cover community-based, non-governmental, or private benefit organizations (CBOs, NGOs, and PBOs).
• Stipend for community organizations. CBOs, NGOs, and PBOs are not covered by the guarantee above. Instead, they receive a monthly stipend once they have recruited three businesses into the directory and submitted data on 40 or more households they already serve inside the program's zones, as described at signup. Eligibility requirements and amounts may be updated from time to time.
• Church stipend program. Eligible churches may receive a monthly directory-shopping stipend and a separate outreach budget, allocated at our discretion, intended to be spent within that church's own program area and reported monthly as described in the Service. These allocations are a benefit we may modify, pause, or discontinue, and are not a guaranteed or contractual entitlement beyond the period for which they're allocated.
• Founding/pilot status. Where we designate an account as part of a founding or pilot cohort with preferential or waived pricing, that status applies for as long as we've committed to it at enrollment and doesn't transfer if you change organizations.

10. Third-Party Services

The Service relies on and integrates with third-party providers, including Clerk (authentication), Stripe (payments), Vercel (hosting and file storage), and — where you connect a channel — YouTube (live broadcast detection). Your use of those integrations is also subject to that provider's own terms. We're not responsible for outages or changes on their end, though we'll do our best to keep things working smoothly.

11. Service Changes & Availability

We work to keep the Service available and reliable, but we don't guarantee uninterrupted access, and we may modify, suspend, or discontinue features with reasonable notice where practical. We are not liable for any unavailability caused by circumstances outside our reasonable control.

12. Termination

You may stop using the Service and cancel your account at any time. We may suspend or terminate your access if you materially breach these Terms and don't cure the breach within a reasonable time after notice, or immediately if needed to protect the Service or other users (for example, in response to fraud, abuse, or a legal requirement). On termination, your right to use the Service ends; we'll retain and handle your Customer Data as described in our Privacy Policy.

13. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Service will be error-free, uninterrupted, or produce any particular business result.

14. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue, arising from these Terms or the Service. Our total liability for any claim arising from the Service will not exceed the amount you paid us in the 12 months before the claim arose. Nothing in these Terms limits liability that can't be limited under applicable law.

15. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

16. Governing Law & Disputes

These Terms are governed by the laws of Tennessee, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought in the courts located in Tennessee, and both parties consent to that jurisdiction.

17. International Use

The Service is used by organizations in the United States and Kenya, and possibly other countries. You're responsible for complying with the laws that apply to you and your organization's location, including local rules on marketing communications, data protection, and payment processing. Prices may be shown in USD or KES depending on your account's configured region.

18. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we'll notify you — by email or an in-product notice — before it takes effect. Continued use of the Service after a change takes effect means you accept the updated Terms.

19. Contact

Questions about these Terms? Email info@nexushighstack.com, or write to 8715 Rocky Top Cove, Cordova, TN 38016. For help with your account, email support@nexushighstack.com.