Terms of Service

Acceptance of Terms

By accessing or using Nexusplan's website (nexusplan.io), application (app.nexusplan.io), or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to that organisation.

We may update these Terms at any time. Material changes will be communicated by email or prominent in-app notice with at least 14 days' advance notice before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Description of Service

Nexusplan provides a browser-based design and planning tool that allows users to:

• Draw floor plans and import existing plans.
• Place devices from a catalogue onto floor plans.
• Simulate radio frequency (RF) signal propagation for protocols including Wi-Fi, Zigbee, Z-Wave, Thread, Matter, and Bluetooth.
• Simulate acoustic characteristics of rooms.
• Visualise designs in three dimensions.
• Generate bills of materials (BOMs), quotes, and exportable documents.

The Service is provided "as is" for planning and visualisation purposes only. See the Simulation Disclaimer and Disclaimers sections for important limitations.

Simulation Disclaimer — Important

SIMULATIONS AND ESTIMATES ONLY. All signal propagation simulations, coverage heatmaps, RF range estimates, acoustic predictions, interference analyses, and any other computational outputs of the Service ("Simulation Results") are mathematical models produced for planning and visualisation purposes only. They are NOT guarantees of real-world performance.

Real-world results will differ. Actual wireless signal strength, device coverage, and acoustic behaviour depend on a large number of factors that cannot be fully accounted for by any planning tool, including but not limited to: precise wall construction materials and thickness, furniture and fixtures, interference from neighbouring networks and devices, device firmware and hardware variation, building temperature and humidity, and multipath propagation effects.

Not professional advice. Simulation Results do not constitute professional engineering, RF engineering, electrical, acoustical, or architectural advice. Before making any significant purchasing or installation decision — particularly for commercial or safety-critical installations — you should obtain advice from a suitably qualified professional.

Device specifications. Device specifications, coverage ratings, transmission power values, and protocol information displayed in the Service are sourced from manufacturer-published data and third-party sources. We do not warrant the accuracy, completeness, or currency of this information. Manufacturer specifications may not reflect real-world device behaviour.

No liability for installation decisions. We expressly disclaim all liability for any purchasing decisions, hardware installations, or professional recommendations made in reliance on Simulation Results or any other output of the Service. You assume all risk associated with such decisions.

Accounts and Registration

To access certain features you must register for an account. You agree to:

• Provide accurate, complete, and current registration information.
• Maintain the security of your account credentials. You are responsible for all activity that occurs under your account.
• Notify us immediately at [email protected] if you suspect unauthorised access to your account.
• Not share your login credentials with others outside your authorised team (subject to your plan's user limits).

We reserve the right to terminate or suspend accounts that violate these Terms, contain inaccurate information, or have been inactive for more than 24 months following prior written notice.

You must be at least 16 years old (or the minimum age of digital consent in your jurisdiction) to create an account.

Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorised access to any part of the Service, its infrastructure, or other users' accounts.
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service.
• Scrape, crawl, or systematically extract data from the Service without our written permission.
• Use the Service to build a competing product or service.
• Introduce malicious code, viruses, or other disruptive technology.
• Overburden or impair the Service through automated requests, denial-of-service attacks, or any other means.
• Misrepresent the origin, accuracy, or nature of Simulation Results when providing them to third parties (e.g., falsely presenting simulation outputs as professional RF surveys).
• Use the Service in connection with the design, operation, or maintenance of any system where failure could cause personal injury, death, or significant property damage, without independent professional verification.

We reserve the right to suspend or terminate access for any violation of this section, without notice in the case of a serious or repeated breach.

Subscriptions and Payments

Paid Plans. Some features require a paid subscription ("Plan"). By subscribing you authorise us to charge the payment method you provide at the subscription price in effect at the time of each billing cycle.

Billing. Plans are billed in advance on a monthly or annual cycle. Prices are displayed in USD unless otherwise stated. You are responsible for any applicable taxes.

Free Trial. If we offer a free trial, it will commence on the date you register for it and end at the conclusion of the trial period. At the end of the trial your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

Cancellation. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We do not prorate refunds for mid-cycle cancellations except as required by applicable law.

Refunds. All purchases are final and non-refundable, except where required by law or at our sole discretion. If you believe you have been billed in error, contact [email protected] within 30 days of the charge.

Price Changes. We reserve the right to change subscription prices with at least 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance.

Payment Failure. If your payment fails, we will attempt to notify you by email. Your account may be downgraded to the Free plan if payment remains outstanding for more than 14 days.

Intellectual Property

Our IP. The Service, including its code, design, branding, device catalogue data, simulation algorithms, and all content we create, is owned by or licensed to Nexusplan and protected by copyright, trade secret, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our express written permission.

Your Content. You retain ownership of all Project Data you create in the Service (floor plans, device configurations, notes, exports). By using the Service you grant us a limited, non-exclusive, royalty-free licence to host, store, transmit, and display your Project Data solely to provide the Service to you. We do not claim any ownership rights over your content.

Feedback. If you submit suggestions, bug reports, or feature ideas to us ("Feedback"), you grant us an irrevocable, royalty-free right to use that Feedback to improve the Service without any obligation to compensate you.

Third-Party Device Data. Product names, logos, and specifications referenced in the device catalogue may be trademarks or intellectual property of their respective manufacturers. Their inclusion does not imply any affiliation or endorsement.

Third-Party Services and Links

The Service may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is governed by those services' own terms. We do not endorse and are not liable for any third-party service.

If you choose to connect a third-party account (e.g., cloud storage, OAuth provider), you authorise us to access and use the data from that account as described in our Privacy Policy and as necessary to provide the integration you requested.

Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY SIMULATION RESULTS, DEVICE DATA, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE.
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
• WARRANTIES THAT THE SERVICE IS SUITABLE FOR USE IN SAFETY-CRITICAL APPLICATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH CASES, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

No Consequential Damages. IN NO EVENT SHALL NEXUSPLAN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

Liability Cap. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO NEXUSPLAN IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.

Basis of the Bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEXUSPLAN, AND THAT NEXUSPLAN WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Nexusplan and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of or access to the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property rights or privacy rights.
• Any content you submit to the Service.
• Any reliance by you or a third party on Simulation Results or other outputs of the Service.
• Any claim by a third party that a quote, BOM, or recommendation you produced using the Service caused harm or financial loss.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us.

Data and Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to our Privacy Policy.

Data Portability. You may export your Project Data at any time in JSON or PDF format from within the Service. We will retain your data for 30 days after account deletion to allow for recovery, after which it is permanently deleted.

Data Processing Agreement. If you are subject to GDPR or similar regulation and use the Service for professional or commercial purposes, a Data Processing Agreement (DPA) is available upon request at [email protected].

Termination

By You. You may delete your account at any time from your account settings. Deletion takes effect immediately. Subscription fees already paid are not refunded.

By Us. We may suspend or terminate your access to the Service, with or without notice, for:

• Any violation of these Terms or our Acceptable Use policy.
• Reasonable suspicion of fraud, abuse, or illegal activity.
• Requests from law enforcement or other governmental authorities.
• Technical or security reasons that require temporary or permanent suspension.
• Extended account inactivity (with prior notice).

Effect of Termination. Upon termination, your right to use the Service ceases immediately. We will delete your Project Data within 30 days. Provisions of these Terms that by their nature should survive termination (including warranty disclaimers, limitation of liability, indemnification, and governing law) will survive.

Governing Law and Dispute Resolution

Governing Law. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. If mandatory consumer protection laws in your jurisdiction apply additional rights, those rights are not affected.

Informal Resolution. Before bringing any formal claim, you agree to contact us at [email protected] describing the dispute and the relief sought. We will attempt to resolve the dispute informally within 30 days.

Arbitration. If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except where prohibited by law. YOU AND NEXUSPLAN EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis. You waive the right to bring or participate in a class action, class arbitration, or representative proceeding.

Exceptions. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, or from bringing small claims court actions where jurisdiction applies.

Consumer Rights. If you are a consumer resident in the EU, UK, or Australia, you may also have the right to bring proceedings in the courts of your country of residence, and mandatory local consumer protection laws may apply that override or supplement these Terms.

General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Nexusplan regarding the Service, and supersede all prior agreements, communications, and understandings.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force.

No Waiver. Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets.

Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, or failures of third-party infrastructure providers.

Contact. For general inquiries about these Terms, contact us at [email protected].