Terms of Service

Subject to these Terms of Service (this "Agreement"), Nexus Drive Inc. ("Nexus Drive", "we", "us" and/or "our") provides access to Nexus Drive's Services. "Services" means, collectively, any products or services made available by Nexus Drive or its affiliates; provided that, your use of certain Services requires acceptance of additional terms as set forth in Schedule I hereto; and provided further, that, for the avoidance of doubt, any software that we provide exclusively under open source licenses are not covered by this Agreement. By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services. IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION CLAUSE SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NEXUS DRIVE THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT , YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION CLAUSE.

1. Age and Eligibility

You certify that you are a person at least 16 years of age. Services may only be used or accessed through an electronic device controlled by you at all times. A valid Nexus Drive account may only be created and maintained if you provide valid information in the signup process, and you regularly update such information to assure its accuracy.You shall be responsible for maintaining the confidentiality of login information associated with your account. Each user must have unique login credentials that must not be shared by multiple users. You are responsible for all activities that occur under your account.

2. Temporary Use License

During the period for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Nexus Drive or any third-party is granted to you in connection with the Services.

3. Your Content

You are solely responsible for all software, code, data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. Nexus Drive reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you grant Nexus Drive a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, store and perform Your Content as necessary to provide the Services and for security to protect the Services and third parties from fraud, malware, malicious files or content, viruses and the like. You further agree that Nexus Drive may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of our Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches this Agreement; (ii) if we remove, block or restrict your use of the Services or Your Content, you, and any third party that may have informed us about your use of the Services or Your Content, may contact us about our decision at https://nexusdrive.org/help and we will review and consider your message with a view to promptly resolving any complaint and, if appropriate, we will explain any options you have to request another review.

4. Hobby Plan

We offer a free hobby plan at our sole discretion. You shall only use the Services under a hobby plan for your personal or non-commercial use. We may change the terms and conditions applicable to the hobby plan or discontinue offering the hobby plan at any time. We reserve the right to disable or remove any project or website deployment on the hobby plan with or without notice at our sole discretion. We may shut down and terminate projects or deployments using the hobby plan without notice for any reason or no reason. We may shut down affected projects or deployments on the hobby plan in case of any delays or performance problems including, without limitation, those caused by a malicious attack on a project or deployment.

5. Acceptable Use

Your use of the Services (which include, for the purposes of this Section 5, participation in the Nexus Drive Community or similar discussion forums, if applicable) is subject to the following requirements: 5.1. The Services may only be used for lawful purposes. 5.2. You shall not attempt to undermine the security or integrity of computing systems or networks of Nexus Drive or of any other persons or entities, and must not attempt to gain unauthorized access to any such systems or networks. 5.3. You shall not attempt to contribute to or enable the selling or movement of illegal goods and services. 5.4. The Services and/or Nexus Drive's network resources may not be used to impersonate another person or entity, or to misrepresent authorization to act on behalf of another person or entity, including Nexus Drive. 5.5. You must not introduce software or automated agents or scripts into Nexus Drive's website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from Nexus Drive's website. 5.6. You must not circumvent or otherwise misuse Nexus Drive's limits or usage guidelines, as described in Section 9 (Usage Restrictions) and Nexus Drive's Fair Use Guidelines, including by creating multiple accounts. 5.7. You must not access Nexus Drive's websites through automated methods, including any use of robots or other computer code which calls Nexus Drive's website. 5.8. You shall not send unsolicited messages, use the Services to send unsolicited messages (also known as junk mail or SPAM), or create spammy content, including 'clickbait' or 'clickfraud' schemes, in each case as determined by Nexus Drive in its sole discretion. 5.9. Your use of the Services must not involve any synthetic media or materials ("deepfakes") that promote any type of illegal activity, including, without limitation, any child sexual exploitation or child sexual abuse. 5.10. You shall not use the Services to reproduce the functionality of Nexus Drive Services, including any storage products. 5.11. You shall not use the Services as a remote storage server or for the primary purpose of providing downloadable content. 5.12. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in Nexus Drive's website (which includes its software and Documentation) to a third-party, through framing or any other method. 5.13. You may not engage in any name-squatting behavior within Nexus Drive namespaces such as usernames, team names, or deployment URLs; attempt to resell, barter, or trade names; or inactively hold names for future use. 5.14. You must not interfere with or disrupt the Services or create an undue burden on Nexus Drive's website or the networks or services connected to Nexus Drive's website. 5.15. You may not use the Services or Nexus Drive's infrastructure for proxying, scraping, to create virtual private networks, or to create virtual private servers. 5.16. You may conduct benchmark tests on our Services, subject to any restrictions in this Section 5 (Acceptable Use). If you publicly disclose the results of any benchmark tests performed by you, or a third party on your behalf, the results must include all necessary information for others to replicate the tests. The final decision of whether an account is in violation of any of these acceptable use terms is at the sole discretion of Nexus Drive. You agree that violations of this Agreement by yourself or any person or entity acting under your account will, in addition to any other remedies and may result in termination of your access to Nexus Drive's website and removal (taking down) of all projects and deployments.

6. Etiquette

Without limiting any terms of this Agreement, you shall not use the Services for, or in conjunction with, a website (including links from a website) that has any content that may be objectionable (as determined in Nexus Drive's sole discretion), abusive, profane, or hate speech, or that violates any applicable law. You hereby agree to indemnify and hold Nexus Drive harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any third party claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services in a manner not authorized by this Agreement. Although Nexus Drive has no obligation to monitor your use of the Services, Nexus Drive may do so by using tools that detect patterns of abuse of Services, and investigating thereafter. Based on the outcome of these investigations, Nexus Drive may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. YOU ACKNOWLEDGE THAT NEXUS DRIVE MAY DISABLE OR TERMINATE THE SERVICES IF NEXUS DRIVE BELIEVES THERE IS ANY CONTENT THAT VIOLATES THIS AGREEMENT, INCLUDING THE ACCEPTABLE USE TERMS AND THE RESTRICTIONS ABOVE, AND INCLUDING PURSUANT TO NEXUS DRIVE'S DMCA POLICY AND/OR AS REQUIRED BY NEXUS DRIVE'S HOSTING PROVIDERS.

7. Contact Information

If you have any questions or concerns about this Privacy Policy, please email us at privacy@nexusdrive.org.