These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DeliverX IT LLC, a California limited liability company located in Riverside, California ("Company," "we," "our," or "us"), governing your access to and use of NexPort ("Service" or "System").
IMPORTANT: By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
NexPort is an enterprise shipping management platform that provides:
DISCLAIMER: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, OR ANY SPECIFIC UPTIME OR AVAILABILITY. THE SERVICE MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
Age Requirement: You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are 18 years or older. We do not knowingly collect information from individuals under 18.
To use our Service, you must:
Security: You are solely responsible for maintaining the confidentiality of your password and account credentials. We are not liable for any loss or damage arising from your failure to protect your account information. If you discover unauthorized use of your account, you must notify us immediately at support@nexli.ai.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree NOT to:
Enforcement: Violation of this Acceptable Use Policy may result in immediate account termination without refund, legal action, and reporting to law enforcement authorities. See our separate Acceptable Use Policy for complete details.
Your Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of all data and content you submit to the Service, including but not limited to shipping addresses, package information, business rules, and any other data.
No Review or Validation: The Company does not review, validate, or verify User-submitted data. We are not responsible for errors, inaccuracies, or illegal content in your data.
Indemnification: You agree to indemnify and hold harmless the Company from any claims, damages, or liabilities arising from your data or content, including claims that your data violates laws, regulations, or third-party rights.
The Service integrates with various third-party services and platforms. You acknowledge and agree to the following:
IMPORTANT DISCLAIMER: THE COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE FAILURES, ERRORS, DATA LOSS, OR UNAVAILABILITY. ALL THIRD-PARTY SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES FROM THE COMPANY. YOU USE THIRD-PARTY INTEGRATIONS AT YOUR OWN RISK.
The Service includes AI-powered features for shipping rule generation using OpenAI and Ollama. By using AI features, you acknowledge and agree to the following:
When you use AI features, your prompts and business context may be sent to third-party AI providers (OpenAI, Ollama). See our Privacy Policy for details on AI data processing.
AI LIABILITY DISCLAIMER: THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM YOUR USE OF AI-GENERATED CONTENT. YOU USE AI FEATURES ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO WARRANTIES REGARDING AI ACCURACY, RELIABILITY, OR SUITABILITY FOR ANY PURPOSE.
Fees for using the Service are based on your subscription plan. You agree to:
Pricing Changes: We reserve the right to modify pricing at any time with 30 days' advance notice. Continued use after price changes constitutes acceptance.
No Refunds: All fees are non-refundable except as required by law. If your account is terminated for any reason, you are not entitled to a refund of prepaid fees.
Suspension for Non-Payment: Failure to pay may result in immediate service suspension or termination without notice.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
No Uptime Guarantee: We do not guarantee any specific uptime, availability, or service level unless explicitly stated in a separate written Service Level Agreement (SLA). The Service may be unavailable due to maintenance, updates, technical issues, or third-party failures.
Rate Calculation Disclaimer: Shipping rate calculations are estimates based on third-party carrier data. Actual carrier charges may vary. We are not responsible for rate discrepancies or carrier billing errors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER.
The Company shall not be liable for any:
MAXIMUM LIABILITY: In no event shall the Company's total aggregate liability to you for all claims arising from or related to the Service exceed the lesser of: (a) the amount you paid to the Company in the twelve (12) months preceding the claim, or (b) One Hundred Dollars ($100.00 USD).
You acknowledge that the Company has set its prices and entered into this agreement in reliance upon the disclaimers and limitations of liability set forth herein, and that the same form an essential basis of the bargain between the parties.
The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, labor disputes, shortages of materials or equipment, telecommunications failures, power outages, internet service provider failures, third-party service failures, or government actions.
Company Ownership: The Service and all of its original content, features, functionality, code, algorithms, designs, graphics, logos, trademarks, and other materials are owned by DeliverX IT LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes only.
Restrictions: You may not:
User Data: You retain ownership of data you submit to the Service. By submitting data, you grant the Company a worldwide, non-exclusive, royalty-free license to use, store, process, and display your data solely to provide and improve the Service.
You agree to indemnify, defend, and hold harmless DeliverX IT LLC, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, contractors, and licensors (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:
This indemnification obligation will survive termination of these Terms and your use of the Service.
The Company may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to:
You may terminate your account at any time by contacting us at support@nexli.ai. Termination does not relieve you of any payment obligations or liabilities incurred prior to termination.
The following sections survive termination: Intellectual Property Rights, Indemnification, Disclaimers, Limitations of Liability, Dispute Resolution, and any other provisions that by their nature should survive.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved exclusively through binding arbitration, except as provided below. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts.
Arbitration Rules: Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect.
Venue: Arbitration shall take place in Riverside County, California, or at another mutually agreed location.
Arbitrator: The arbitration shall be conducted by a single neutral arbitrator.
Costs: Each party shall pay its own costs and attorneys' fees, unless the arbitrator awards costs and fees to the prevailing party.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You agree that any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
The Service is subject to United States export control laws and regulations. You agree to comply with all applicable export and import laws and regulations.
Prohibited Countries: You may not use the Service if you are located in, or a resident of, any country subject to U.S. embargoes or sanctions, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine.
Compliance Certification: By using the Service, you represent and warrant that: (a) you are not located in a country subject to U.S. embargo or sanctions; (b) you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable export control laws.
International Use: If you access the Service from outside the United States, you are responsible for compliance with all local laws and regulations. The Company makes no representation that the Service is appropriate or available for use in all locations.
Disclaimer: The Company is not liable for your failure to comply with export control laws or local laws in your jurisdiction.
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data collection, use, and sharing practices as described in the Privacy Policy.
California Residents: If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). See our Privacy Policy for details on exercising your rights.
We reserve the right to modify these Terms at any time at our sole discretion. Material changes will be communicated via email to your registered email address or through an in-app notification.
Notice Period: We will provide at least 30 days' notice for material changes. The updated Terms will be posted on this page with a new "Last Updated" date.
Acceptance: Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Service.
These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
These Terms do not create any third-party beneficiary rights. No third party may enforce any provision of these Terms.
Section headings are for convenience only and do not affect the interpretation of these Terms.
These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall prevail.
If you have questions, concerns, or complaints about these Terms of Service, please contact us:
Company Name: DeliverX IT LLC
Service Name: NexPort
Location: Riverside, California, United States
Email: support@nexli.ai
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
You further acknowledge that you have had the opportunity to review these Terms and consult with legal counsel if desired. You represent that you have the authority to enter into this agreement on behalf of yourself or the entity you represent.