The structure and content have been adapted to align with NexaaSocial context, with Nyx Wave Limited as the parent company, while incorporating relevant legal and operational details tailored to the Nigerian jurisdiction.
Overview: These Terms of Service Terms govern your relationship with
Nyx Wave Limited NexaaSocial, we, us, or ours, the owner of NexaaSocial, and your use of the social media management tool accessible via https://app.nexaasocial.com/, the NexaaSocial iOS and Android applications, and related services collectively, the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
Note: These Terms do not apply to any enterprise-level or specialized services governed by separate agreements. For clarity, they exclude any future influencer marketing solutions, which would be subject to separate terms.
1. Subscriptions- Renewal: Subscriptions auto-renew at the end of each Billing Cycle unless canceled. You may cancel via your account management page or by contacting help@nexaasocial.com. We may cancel with notice of non-renewal.
- Changes: We may revise Subscription terms (e.g., pricing) upon renewal, with reasonable prior notice. If you disagree, you may cancel before the renewal; otherwise, revised terms apply.
- Payment: A valid payment method (e.g., credit card) is required. You must provide accurate payment details, authorizing us to charge Subscription fees plus applicable taxes (e.g., VAT).
- Taxes: You are responsible for taxes on your Subscription (excluding our income tax). Provide correct billing information; otherwise, you may be liable for additional costs.
- Failed Payments: If automatic billing fails, we will issue an invoice with a deadline for manual payment.
2. Free Trial NexaaSocial may offer a free trial Free Trial at its discretion for a limited period.
- You may need to enter billing information, but no charges apply until the trial ends.
- On the last day, unless canceled, you will be charged the applicable Subscription fee plus taxes.
- We reserve the right to modify or cancel the Free Trial without notice.
3. Fee Changes We may modify Subscription fees at our discretion, effective at the end of the current Billing Cycle, with reasonable prior notice. Continued use after the change constitutes acceptance of the new fee.
4. Refunds Refund requests are considered case-by-case at our sole discretion. Contact help@nexaasocial.com for assistance.
5. Content The Service allows you to post, link, store, and share information, text, graphics, videos, or other material Content. You are responsible for your Content’s legality, reliability, and appropriateness.
- License: By submitting Content, you grant us a non-exclusive, worldwide license to use, modify, display, reproduce, and distribute it within the Service. You retain ownership and responsibility for protecting your rights.
- Warranty: You warrant that your Content is yours or you have rights to use it, and its submission does not violate others’ rights.
- Removal: We may block or remove Content deemed abusive, defamatory, fraudulent, infringing, or otherwise unacceptable at our discretion.
- Role: We act as a passive conduit for Content distribution, with no liability for user activities or Content.
6. Community The Service may include a community feature for users to connect and share. You are responsible for your Community Content, which must be appropriate and relevant.
- Prohibited Actions: Do not post content that defames, harasses, infringes rights, involves spam, promotes illegal activity, or violates any guidelines.
- Moderation: We may review and remove Content or restrict access at our discretion, without liability for delays or decisions.
- Removal: We may block or remove Content deemed abusive, defamatory, fraudulent, infringing, or otherwise unacceptable at our discretion.
- Role: We act as a passive conduit for Content distribution, with no liability for user activities or Content.
7. Accounts- Create an account with accurate, current information. Inaccuracies may lead to termination.
- Safeguard your password and notify us immediately of any breach.
- You are liable for all actions under your account.
- Usernames must not impersonate others, infringe trademarks, or be offensive. We may reclaim non-compliant usernames.
8. Intellectual Property The Service and its content (e.g., text, graphics, code) are owned by Nyx Wave Limited, protected by Nigerian copyright laws and international treaties. You may use materials for personal, non-commercial purposes only, retaining all proprietary notices.
- No license is granted to use our trademarks or logos.
- Unauthorized use, including scraping or reverse-engineering the Service, violates intellectual property laws.
- Any user-generated intellectual property (e.g., custom templates created in the Service) remains your property, subject to the Content license in Section 5.
9. Links to Other Websites- Strengths: Disclaims liability for third-party sites effectively.
- Suggestions: Add a note encouraging users to report broken or harmful links to improve user experience.
10. Termination The Service may link to third-party websites. We are not responsible for their content, privacy policies, or practices. Use them at your own risk and review their terms. Report broken or harmful links to help@nexaasocial.com.
7. AccountsWe may terminate or suspend your access without notice for breaches of these Terms or other reasons, including violation of Nigeria’s Cybercrimes Act. Upon termination:
- Your rights to use the Service cease immediately.
- You may export your data (e.g., analytics, scheduled posts) before termination, subject to our Privacy Policy.
- You may discontinue use to terminate your account.
- We will notify you of termination via email or in-app notification.
- Provisions of these Terms that by their nature should survive (e.g., indemnification, liability) will remain in effect.
11. Indemnification You agree to indemnify, defend, and hold harmless Nyx Wave Limited, its officers, employees, and agents from claims, losses, or damages arising from your use of the Service, breaches of these Terms, or illegal conduct, except where claims result from our gross negligence or willful misconduct.
12. Limitation of LiabilityTo the maximum extent permitted by Nigerian law, Nyx Wave Limited, its directors, employees, and agents will not be liable for any direct, indirect, incidental, special, or consequential damages (e.g., data loss, economic loss) arising from:
- Your use or inability to use the Service;
- Third-party conduct;
- Unauthorized access to your account; or
- Data breaches, unless caused by our gross negligence.
Our total liability is limited to the amount you paid us in the 12 months prior to the claim.
13. Disclaimer and Non-Waiver of RightsThe Service is provided AS IS and AS AVAILABLE, with no warranties (express or implied) of merchantability, fitness for a particular purpose, or non-infringement, except as required by Nigerian law.
- We do not guarantee uninterrupted service, error correction, virus-free content, or specific results.
- We use industry-standard encryption (e.g., SSL/TLS) to protect data but are not liable for breaches beyond our control.
- Circumstances beyond our control (e.g., natural disasters, government actions) excuse breaches.
- Our non-action on breaches does not waive our rights.
14. Data ProtectionWe process personal data in compliance with the Nigeria Data Protection Regulation (NDPR). For details on data collection, use, storage, and your rights (e.g., access, deletion, portability), see our Privacy Policy at https://nexaasocial.com/privacy. We use SSL/TLS encryption to secure
15. Prohibited UsesYou may not use the Service to:
- Engage in illegal activities under Nigerian law (e.g., Cybercrimes Act 2015);
- Send spam or unsolicited messages;
- Attempt to hack, disrupt, or reverse-engineer the Service;
- Infringe third-party rights; or
- Distribute harmful content (e.g., malware, defamatory material).
Violations may result in immediate account suspension or termination.
16. ExclusionsSome jurisdictions do not allow certain liability exclusions. Our liability is limited to the maximum extent permitted by Nigerian law. Users in other jurisdictions (e.g., EU under GDPR) may have additional rights.
17. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the Federal Republic of Nigeria.
- Dispute Resolution: Any disputes arising under these Terms shall first be addressed through mediation at the Lagos Court of Arbitration. If unresolved, disputes will be subject to the exclusive jurisdiction of courts in Lagos, Nigeria.
- If any provision is invalid, the remaining provisions remain in full effect.
- These Terms constitute the entire agreement, superseding prior agreements.
18. ChangesWe may modify these Terms at our discretion. Material changes require at least 30 days’ notice via email, in-app notification, or posting on https://app.nexaasocial.com/. Continued use after changes constitutes acceptance. If you disagree, stop using the Service. Older versions of the Terms will be archived at
https://nexaasocial.com/terms-archive19. Additional Terms- Application Use: For iOS/Android use, these Terms align with Apple and Google policies. Nyx Wave Limited handles support and maintenance; Apple and Google bear no responsibility for claims. In case of conflicts, app store terms do not take precedence.
- Export Compliance: You must not use the Service in regions under Nigerian or U.S. embargo or if listed on a restricted list (e.g., U.S. OFAC).
- Cross-Border Data: We comply with NDPR for international data transfers.
- Third-Party Beneficiaries: Apple and Google are third-party beneficiaries for app-related terms.
- New Features: These Terms apply to new Service features (e.g., AI tools, analytics) unless separate terms are provided.
20. Contact Us For questions or legal notices, contact us at help@nexaasocial.com or 12 Adeola Odeku Street, Victoria Island, Lagos, Nigeria. We aim to respond within 48 hours. Alternatively, submit a support ticket via
https://app.nexaasocial.com/support