1. Who you are contracting with
These Terms & Conditions ("Terms") govern your access to and use of NuX Holdings™ platforms, including Emotional Intelligence Infrastructure™, EIOS™, HXI™, EII™, HECI™, the Executive Watchtower™, Benchmark Library™, and all related products, dashboards, APIs, and services (collectively, the "Service"). The Service is provided by NuX Holdings™ ("NuX Holdings", "we", "us", "our"), founded and operated by Arlene R Metts. By accessing or using the Service you ("you", the "Customer") agree to these Terms.
2. Acceptance & authority
By creating an account, signing an order form, or otherwise using the Service, you represent that you have authority to bind your organization to these Terms and that you are of legal age in your jurisdiction. Continued use of the Service constitutes ongoing acceptance.
3. The Service
NuX Holdings™ provides enterprise intelligence platforms that score, audit, and report on human-experience and AI-experience signals across an organization. Specific features available to you depend on the subscription tier you purchase (Foundation™, Professional™, Enterprise™, Strategic Enterprise™, Executive Command™, or Global Intelligence Network™).
4. Acceptable use
You must not, and must not permit any third party to:
- use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
- send spam, malware, or content that infringes intellectual-property or privacy rights;
- probe, scan, scrape, reverse-engineer, decompile, or attempt to bypass security or rate limits;
- resell, sublicense, or redistribute the Service without our prior written consent;
- use the Service to build a competing product or to train a competing model;
- upload personal data you do not have a lawful basis to process.
5. Accounts & credentials
You are responsible for safeguarding account credentials and for all activity under your account. Notify us promptly of any suspected unauthorized access. You must provide accurate information and keep it current.
6. Intellectual property
NuX Holdings™ retains all right, title, and interest in and to the Service, including all software, documentation, models, scoring methodologies, doctrine layers, benchmarks, branding, and trademarks (including but not limited to NuX Holdings™, EIOS™, HXI™, EII™, HECI™, Benchmark Library™, Executive Watchtower™). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service within the scope of your active subscription. You retain ownership of the data you upload ("Customer Data"); you grant us a limited license to host, process, and analyze Customer Data solely to provide and improve the Service.
7. AI & analytical outputs
NuX Holdings™ generates scores, signals, recommendations, and narrative briefings ("Outputs") using statistical and AI methods. Outputs may be incomplete or inaccurate and are not a substitute for regulated professional advice (legal, medical, financial). You are responsible for verifying Outputs before acting on them and for ensuring that any prompts or inputs you submit are lawful and that you hold the rights to the underlying content. You must not use Outputs to generate illegal content, deepfakes, harassment, malware, or to attempt to jailbreak the system.
We may moderate, filter, suspend, or remove content, Outputs, or accounts where required to protect the integrity of the Service, the rights of third parties, or compliance with law. Rights-holders may submit takedown requests by contacting legal@nuxholdings.com. Repeated infringement may result in termination.
8. Service availability
We work to keep the Service available, but we do not guarantee uninterrupted, error-free, or continuously secure operation. We may modify, update, or discontinue features from time to time.
9. Payments, subscriptions & taxes
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, currency, tax, cancellation, and refund mechanics are governed by Paddle's Buyer Terms in addition to our Refund Policy.
Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price until cancelled. You may cancel at any time via the customer portal accessible through paddle.net or by contacting support.
10. Suspension & termination
We may suspend or terminate your access for material breach of these Terms, non-payment, security or fraud risk, or repeated violations of acceptable use. On termination, your right to use the Service ceases; we will make Customer Data available for export for thirty (30) days, after which it may be deleted in accordance with our retention schedule.
11. Warranties & disclaimers
To the fullest extent permitted by law, the Service is provided "as is" and "as available". We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of liability
To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service shall not exceed the fees you paid to Paddle for the Service in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or exemplary damages, including loss of profits, data, goodwill, or business opportunity. Nothing in these Terms excludes liability that cannot be excluded by law (including fraud, death, or personal injury caused by negligence).
13. Indemnification
You will defend, indemnify, and hold NuX Holdings™ harmless from claims arising out of your Customer Data, your use of the Service in violation of these Terms, or your unlawful use of Outputs.
14. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The state and federal courts located in Delaware shall have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.
15. Assignment & force majeure
You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond reasonable control.
16. Changes & contact
We may update these Terms from time to time; material changes will be communicated through the Service or by email. Questions? Contact legal@nuxholdings.com.