Terms of Service
1. Acceptance
By accessing, registering for, or using the NXTN service, you agree to be bound by these Terms of Service. If you do not agree, you must not use the service. These Terms apply to all users, including business tenants and the customers who interact with those tenants through the platform.
2. The Service
NXTN is a WhatsApp-based platform for business tenants that provides queue management, booking, valet, ordering, credits, and customer-engagement tools. Tenants use NXTN to operate these services for their own customers, who interact primarily through WhatsApp.
3. The Provider
The NXTN service is provided by NXTN Solutions LLC, a Delaware limited liability company (the "Provider", "we", "us", or "our").
- Principal business address: 2093 Philadelphia Pike, #4204, Claymont, New Castle County, DE 19703, United States
- Registered office (Delaware): 1201 N Orange St, Suite 7665, Wilmington, DE 19801-1186
- MENA/GCC operations: Kuwait City, Kuwait
- Email: contact@nxtn.me
- Phone: +1 302 276 8413
- Website: https://nxtn.me
4. Tenant Accounts
- Tenants must provide accurate, complete, and current registration information and keep it up to date.
- Tenants are responsible for maintaining the security and confidentiality of their account credentials.
- Tenants must comply with the WhatsApp Business Platform policies at all times.
- Tenants are responsible for creating and managing their own staff accounts, roles, and permissions.
5. Customer Interaction
Tenants are solely responsible for their relationships with their customers and for the content they send through the platform. When a customer initiates contact with a tenant over WhatsApp (for example, by scanning a QR code or sending a message), that contact constitutes consent to receive service-related messages within the WhatsApp Customer Service Window. Customers may opt out at any time by ceasing to interact with the service or by following any provided opt-out instructions.
6. Acceptable Use
When using NXTN, you agree not to:
- Use the service for any unlawful purpose or in violation of applicable laws and regulations.
- Send spam, unsolicited messages, or otherwise abuse WhatsApp messaging through the platform.
- Violate the Meta WhatsApp Business policies.
- Reverse-engineer, decompile, or attempt to extract the source code of the platform.
- Circumvent or attempt to circumvent tenant isolation or access data belonging to other tenants.
- Manipulate, disrupt, or interfere with the integrity or normal operation of the system.
7. Intellectual Property
- The NXTN platform, software, and brand are owned by NXTN Solutions LLC and are protected by intellectual property laws.
- Content created by a tenant, such as messages, flow configurations, and service settings, belongs to that tenant.
- The NXTN name, logo, and branding may not be used without our prior written permission.
8. Service Availability
The service is provided on an "as is" and "as available" basis. We use reasonable efforts to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance windows may be performed with reasonable advance notice where practical. The service depends on the WhatsApp platform operated by Meta, and availability may be affected by changes, restrictions, or outages of that platform.
9. Fees & Payment
- Plans, metering, and pricing are as published by us from time to time.
- Billing terms apply once paid billing is activated for a tenant; until then, the service may be provided without charge.
- WhatsApp messaging costs are charged per Meta's published rates where applicable.
10. Third-Party Services
The service relies on third-party providers, including WhatsApp and Meta, hosting infrastructure (DigitalOcean), and payment processors. Your use of those services may be subject to their own terms, and we are not responsible or liable for their availability, performance, outages, or actions.
11. Disclaimers & Limitation of Liability
- The service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the maximum extent permitted by law.
- We are not liable for missed notifications, message delivery failures, or disruptions caused by the WhatsApp platform or other third parties.
- To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the service is limited to the fees paid by the tenant to us in the preceding twelve (12) months.
12. Indemnification
Tenants agree to indemnify, defend, and hold harmless NXTN Solutions LLC and its officers, employees, and agents from and against any claims, damages, losses, and expenses arising out of their misuse of the service, the content they or their customers send, or their violation of any law or Meta policy.
13. Term & Termination
- Either party may terminate the service with thirty (30) days' written notice.
- We may suspend or terminate access immediately for violations of these Terms or applicable Meta policies.
- Data export is available upon request within thirty (30) days of termination.
- Tenant data will be deleted within ninety (90) days of termination.
14. Governing Law & Jurisdiction
Primary: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, and the courts of the State of Delaware have jurisdiction over disputes arising from them, except as set out below.
MENA/GCC: For tenants and customers in the MENA/GCC region served through NXTN's Kuwait operations, the laws of the State of Kuwait apply to those regional operations, and the courts of Kuwait have jurisdiction over disputes arising from them.
15. Changes to Terms
We may modify these Terms with thirty (30) days' notice. Material changes will be communicated by email or platform notification. Your continued use of the service after the changes take effect constitutes acceptance of the updated Terms.
16. Contact
For questions about these Terms of Service, please contact us:
NXTN Solutions LLC
2093 Philadelphia Pike, #4204, Claymont, New Castle County, DE 19703, United States
Email: contact@nxtn.me
Phone: +1 302 276 8413