1. Introduction

These Terms of Service, referred to throughout this document as the Terms, govern your access to and use of the website located at https://www.nexdriv.mom and the services provided by Nexdriv Inc., a company engaged in computer systems design and related services. Nexdriv Inc. is referred to throughout these Terms as the Company, we, our, or us, and the person or organization using the website or services is referred to as you or your.

Please read these Terms carefully before using our website or engaging our services. They describe your legal rights and obligations and set out the conditions under which we make our website and services available to you. These Terms form a binding agreement between you and the Company when you access the website or use the services.

If you are using the website or services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and references to you include that organization. These Terms apply to every visitor, whether you are browsing, requesting information, or working with us on a project.

2. Acceptance of These Terms

By accessing or using our website, submitting an inquiry, requesting a proposal, or otherwise engaging our services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access the website or use the services.

We may ask you to provide additional agreement or acceptance, such as a signed statement of work or a separate service agreement, for specific projects. In the event of a conflict between these Terms and a signed agreement between you and the Company, the signed agreement will control with respect to the specific project it covers.

Your continued use of the website or services after we post changes to these Terms constitutes your acceptance of the updated Terms, as described in more detail in the section titled Changes to These Terms. If any part of these Terms is found to be unenforceable, the remaining parts will continue in full force and effect.

3. Definitions

For the purposes of these Terms, the following definitions apply. The term website refers to https://www.nexdriv.mom and all pages, content, and functionality made available through that domain. The term services refers to the computer systems design, computer integrated systems design, telematics, analytics, infrastructure, and managed support services described on the website and provided by the Company.

The term content refers to all text, graphics, images, software, designs, and other materials made available through the website or services. The term user content refers to any information, data, or materials that you submit, upload, or otherwise provide to us through the website or in connection with the services. The term intellectual property rights refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights recognized under applicable law.

4. Description of Services

The Company provides computer systems design and computer integrated systems design services for fleets, logistics operations, and technical service organizations. Our services include systems architecture and design, integration of telematics and analytics platforms, data integration, network and infrastructure engineering, and managed support and monitoring.

The specific scope, deliverables, timeline, and fees for any project are set out in a proposal, statement of work, or service agreement agreed between you and the Company. We make reasonable efforts to ensure that the descriptions of our services on the website are accurate and current, but we do not guarantee that every description is complete or error-free. We may modify, suspend, or discontinue any service, feature, or portion of the website at any time without prior notice, to the extent permitted by law. Any material change to an active project is handled through the applicable agreement rather than through these Terms.

5. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our website and services. By using the website or services, you represent and warrant that you meet these eligibility requirements and that you are not located in a jurisdiction where use of the website or services is prohibited by law.

If you use the website or services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. We may refuse service, terminate accounts, or restrict access to the website or services at our discretion if we believe that any eligibility requirement is not satisfied or that your use of the services violates these Terms or applicable law.

6. Accounts and Responsibilities

Certain features of our services may require you to create an account or provide contact information. You agree to provide accurate, current, and complete information when creating an account or submitting an inquiry, and to update that information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activities that occur under your account.

You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these responsibilities. We may suspend or terminate your account if we reasonably believe that it has been compromised or used in violation of these Terms.

7. Acceptable Use

You agree to use the website and services only for lawful purposes and in accordance with these Terms. You agree not to use the website or services in any way that violates applicable law, infringes the rights of others, or interferes with the operation of the website or services. You must not attempt to gain unauthorized access to any portion of the website, the servers on which it is hosted, or any other systems or networks connected to it.

You must not introduce any virus, malware, or other harmful code, and you must not engage in any activity that could damage, disable, overburden, or impair the website or services. You must not scrape, harvest, or otherwise collect information from the website through automated means without our prior written consent. We reserve the right to investigate and take legal action against any use of the website or services that we determine violates this section. You are responsible for the conduct of anyone who accesses the website or services through your account or devices.

8. Intellectual Property

The website and its content, including all text, graphics, logos, designs, software, and other materials, are owned by the Company or its licensors and are protected by intellectual property laws. The NEXDRIV name and any related logos and marks are trademarks of the Company. Nothing in these Terms grants you any right, title, or interest in the website, the content, or our trademarks, except the limited right to access and use the website for its intended purpose.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the website without our prior written consent, except as expressly permitted by law. All rights not expressly granted in these Terms are reserved by the Company and its licensors.

9. User Content

You retain ownership of any information, data, or materials that you submit to us through the website or in connection with the services, subject to the license you grant in this section. By submitting user content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and process that content solely for the purpose of providing and improving the services and responding to your inquiries.

You represent and warrant that you have all rights necessary to submit the user content and that the content does not violate any law or infringe the rights of any third party. We are not responsible for the accuracy, completeness, or appropriateness of any user content, and we reserve the right to remove any user content that we believe violates these Terms. We may also retain and use user content as needed to provide the services and to comply with our legal obligations.

10. Fees and Payment

Fees for our services are set out in the proposal, statement of work, or service agreement applicable to your project. Unless otherwise agreed in writing, fees are due according to the payment schedule described in the applicable agreement. You agree to pay all fees in the currency and manner specified and to reimburse the Company for any reasonable out-of-pocket expenses approved in advance.

Late payments may be subject to interest or suspension of services as described in the applicable agreement. All fees are non-refundable except as expressly provided in the applicable agreement or as required by law. You are responsible for any taxes applicable to the services, other than taxes based on the income of the Company.

11. Disclaimer of Warranties

The website and services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant that the website will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. The Company does not warrant that the results obtained from use of the website or services will meet your expectations or requirements. Any content obtained through the website is obtained at your own risk, and you are solely responsible for any damage to your systems or loss of data that results from such use. Where our services are provided under a written agreement, that agreement may contain additional performance terms that apply to the specific engagement.

12. Limitation of Liability

To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of the website or services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.

To the extent that liability cannot be excluded under applicable law, the total aggregate liability of the Company for all claims arising out of or related to these Terms, the website, or the services will not exceed the amount you have paid to the Company for services during the twelve months preceding the event giving rise to the claim, or one hundred dollars if no such fees have been paid. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you. The limitations in this section are intended to be enforceable to the maximum extent permitted by law and apply regardless of the form of action.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your violation of these Terms, your user content, or your violation of any law or the rights of any third party.

The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of the matter. This indemnification obligation will survive the termination of these Terms and your use of the website and services.

14. Termination

These Terms remain in effect until terminated by either you or the Company. You may terminate these Terms at any time by ceasing to use the website and services and closing any account you hold with us. The Company may terminate or suspend your access to the website or services at any time, with or without cause and with or without notice, if we believe you have violated these Terms or if continued provision of the services is no longer commercially reasonable. Termination does not affect any rights or obligations that accrued before the termination took effect.

Upon termination, your right to use the website and services will cease immediately. The provisions of these Terms that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will continue to apply after termination.

15. Changes to These Terms

We may modify these Terms from time to time to reflect changes in our practices, our services, or applicable law. When we make changes, we will revise the last updated date at the top of this page and, for material changes, we may provide additional notice such as a notice on our website.

Your continued use of the website or services after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the website and services. We encourage you to review these Terms periodically so that you remain informed of your rights and obligations. We will not apply changes retroactively in a way that would materially reduce the rights you held before the change.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. You agree that any dispute arising out of or related to these Terms, the website, or the services will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Utah.

Before initiating any formal legal proceedings, you agree to contact us to attempt to resolve the dispute informally. If the dispute cannot be resolved through good faith negotiation, either party may pursue remedies available under applicable law. Nothing in this section prevents either party from seeking injunctive or other equitable relief where such relief is necessary to prevent irreparable harm. Each party bears its own costs in any dispute unless otherwise required by law or agreed in writing.

17. Use of the Services

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the website and services for your internal business purposes. This right does not permit you to resell, sublicense, or otherwise make the services available to third parties without a separate written agreement. You agree to use the services only for lawful purposes and only in the manner intended, and you acknowledge that the availability and performance of the services may depend on factors outside our control, including your own systems, network connectivity, and the accuracy of the information you provide to us. We may temporarily restrict access to the website for maintenance, security, or other operational reasons, and we will use reasonable efforts to minimize any disruption this may cause.

18. Third-Party Services

The website and services may rely on or integrate with third-party products, platforms, and providers, including hosting, analytics, payment, and telematics services. These third-party services are provided under their own terms and are not under the control of the Company, and the Company is not responsible for their availability, performance, or content. Where our services integrate with third-party systems, you are responsible for complying with the applicable terms of those providers and for ensuring that you have the right to use and share any data through those systems. We do not endorse any third-party service, and your use of any third-party service is at your own risk. Any claims arising from a third-party service should be directed to that provider rather than to the Company.

20. Feedback and Suggestions

Any feedback, comments, ideas, or suggestions that you provide to us about the website or services are welcome, and by submitting them you agree that we may use them without any obligation to compensate you or to treat them as confidential. We appreciate the time our clients and visitors take to share their observations, and we may incorporate that feedback into our products, services, or documentation. Unless a separate written agreement states otherwise, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate any feedback into our offerings. You should not submit any feedback that includes confidential information belonging to you or to a third party unless you have the right to share that information with us.

21. Severability and Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision later. A waiver of any breach is not a waiver of any subsequent breach. These Terms, together with our Privacy Policy and any signed agreement between you and the Company, constitute the entire agreement between you and the Company regarding your use of the website and services, and they supersede any prior or contemporaneous agreements or communications on the same subject.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms, please contact us using the details below. We will make every effort to respond to your inquiry promptly and to resolve any concerns in good faith.

Nexdriv Inc.
2052 E Copper Belt Dr, Heber City - 84032-1489, United States (US)
Email: text@nexdriv.mom
Phone: +18659149744
Website: https://www.nexdriv.mom