Terms of Service

By accessing or using the Nexly GO platform (“Service”), including our restaurant website builder, online ordering system, reservation management tools, and WhatsApp Business API integration, you agree to be bound by these Terms of Service (“Terms”).

These Terms constitute a legally binding agreement between you (“User”, “Restaurant Operator”, or “Customer”) and Nexly GO. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

If you do not agree to these Terms, please do not use our Service.

Nexly GO provides a multi-tenant Software-as-a-Service (SaaS) platform that includes:

• Restaurant website builder and digital menu management
• Online ordering system with Stripe payment processing
• Table reservation management
• Customer inbox and communication management
• WhatsApp Business API integration for customer messaging
• AI-powered customer service responses via WhatsApp
• Delivery integration (Uber Direct, Shipday)
• Restaurant analytics and reporting
• Multi-restaurant administration dashboard

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice to active users.

You must be at least 18 years old and legally capable of entering into contracts to use our Service. By registering an account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal right and capacity to enter into these Terms
• All information you provide is accurate, current, and complete
• You will maintain the security of your account credentials
• You will promptly notify us of any unauthorized access to your account

You are responsible for all activities that occur under your account. Nexly GO is not liable for any loss or damage arising from unauthorized account use due to your failure to protect your credentials.

This section governs your use of the WhatsApp Business API integration within our platform.

As a restaurant operator using our platform, you agree to:

• Provide accurate and up-to-date menu information, pricing, and availability
• Honor all orders placed through the platform in a timely manner
• Comply with all applicable food safety, hygiene, and business regulations
• Maintain valid business licenses and permits for your jurisdiction
• Inform customers of allergens and dietary information as required by law
• Handle customer personal data in compliance with applicable privacy laws
• Not misrepresent your business, products, or services
• Promptly respond to customer complaints and disputes

Payment processing is provided by Stripe, Inc. By using our payment features, you also agree to Stripe's Terms of Service.

• All fees are charged in the currency specified in your account settings (CHF by default)
• Payments are non-refundable unless explicitly stated otherwise
• We reserve the right to modify pricing with 30 days notice
• You are responsible for all applicable taxes on your transactions
• Failed payments may result in temporary suspension of service

Nexly GO intellectual property: The platform, its design, software, and branding are owned by Nexly GO and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of our platform.

Your content: You retain ownership of all content you upload to the platform (menus, images, descriptions). By uploading content, you grant Nexly GO a non-exclusive, worldwide license to display and deliver your content through our platform as necessary to provide the Service.

Restrictions: You may not use Nexly GO branding, logos, or trademarks without prior written consent.

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to any part of the platform or other users' accounts
• Upload malicious code, viruses, or harmful content
• Interfere with the security, integrity, or performance of the Service
• Scrape, crawl, or extract data from the platform without authorization
• Impersonate any person, business, or entity
• Use the platform to facilitate money laundering or financial fraud
• Resell or sublicense access to the platform without authorization

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXLY GO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM THIRD-PARTY SERVICE INTERRUPTIONS (STRIPE, META/WHATSAPP, ETC.)
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ERRORS IN AI-GENERATED RESPONSES VIA WHATSAPP

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE USE OF OUR SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO NEXLY GO IN THE 12 MONTHS PRECEDING THE CLAIM.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE THE ACCURACY OF AI-GENERATED CONTENT.

You agree to indemnify, defend, and hold harmless Nexly GO and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any law or third-party rights
• Your WhatsApp communications with customers
• Content you upload or transmit through the platform
• Disputes between you and your customers

By you: You may terminate your account at any time by contacting us at info@nexlyhub.cloud.

By us: We may suspend or terminate your access immediately, without notice, if you violate these Terms, engage in fraudulent activity, misuse the WhatsApp integration in violation of Meta's policies, or if required by law.

Upon termination, your access to the platform will cease. Data deletion follows the retention schedule in our Privacy Policy.

These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes may be submitted to binding arbitration or the appropriate courts of jurisdiction.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email to registered users and by updating the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us: