Terms of Use

Effective Date: June 1, 2020

The TrueNxus.Com website and its associated services and content (collectively “Website”) is owned and operated by TrueNxusInc. (“TrueNxus”, “our”, “us”, “we”), a Delaware corporation with its principal place of business in Austin, Texas.  TrueNxus has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”)of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using theWebsite and must discontinue your use immediately.  

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

TRUENXUS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE,DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT TRUENXUS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USEOF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION,CHANGE, OR REPLACEMENT.

Definitions

About the Website

TrueNxus is an online project management software-as-a-service where teams and organizations can collaborate and manage all work.  TrueNxus increases productivity, efficiency, and accountability across stakeholders with one pragmatic solution.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.  

 

You warrant and represent that any and all information that you provide to TrueNxus and the Website is accurate and valid.You agree to comply in good faith with the terms of this Agreement.

 

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and TrueNxus makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.  

Ownership of Website and License

You acknowledge and agree that TrueNxus is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement.Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of TrueNxus.

 

TrueNxus hereby grants you a limited, non-exclusive, non-sub-licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from TrueNxus, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to TrueNxus.  

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copy righted and owned by TrueNxus, unless otherwise stated. All TrueNxus marks are the property of TrueNxus, including, but not limited to TRUENXUS and all TrueNxus logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of TrueNxus.You are prohibited from using TrueNxus’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of TrueNxus.

Website Use

When contacting TrueNxus through the Website, you are agreeing to receive email notifications from TrueNxus and other third-parties.  The email notifications from TrueNxus contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see theWebsite’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  User information will be used consistent with the Privacy Policy.  TrueNxus does not endorse you or discriminate based upon any information provided by you or made available through the Website.  

You have a duty to ensure that the information provided through the Website is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of theWebsite.  TrueNxus reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify TrueNxus for any damages that arise out of or in relation to the use of the Website.

TrueNxus is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. TrueNxus is under no obligation to provide you with the data associated with your Website use, except as otherwise provided in the Privacy Policy.  TrueNxus recommends that you maintain your own backup of information submitted to the Website.

Visiting the Website and participating in fourteen (14) day trial offer of TrueNxus is free and does not require a credit card to be on file to utilize. At the end of the fourteen (14) days, AccountAdministrators have the option to sign up for a paid TrueNxus Account.  In the event an Account Administrator elects to not move forward with a paid TrueNxus Account, access to the trial Account will terminate and any/all date associated therewith will be deleted.

Account Creation, Management, and Cancellation

Creating an Account with TrueNxus requires a paid subscription.  Account Administrators can create Organization Accounts through which they can invite other RegisteredUsers to join and collaborate.  Through an Organization’s Account, Account Administrators and/or Members can create both public and private projects for their Organization.  Account Administrators and Members can also invite Guests to access certain projects within their Organization.  However, all projects – either public or private – are only visible to the Registered Users that have access to thatOrganization’s Account.

Account Administrators can control whether other Registered Users are able to invite other Registered Users to join anOrganization.  Account Administrators are also able to see and control all sent, pending, and accepted invitations forRegistered Users to join the Organization.

In the event that an Account Administrator cancels their Account and/or stops paying for their Organization’s TrueNxus Account, all Registered Users under thatOrganization will lose access, unless another Registered Users elects to become an Account Administrator instead.

Pricing Page and Subscription Payment

To subscribe for a TrueNxus Account, Account Administrators must sign up for a plan as reflected on the Website’s Pricing Page.  As articulated on the Pricing Page, the subscription payment associated with a TrueNxus Account is determined via the number of Registered Users – including Account Administrators, Members, andGuests –  that have access to anOrganization.   By signing up for anAccount, Account Administrators agree to be billed on a monthly or annually recurring subscription basis.  Account Administrators are solely responsible for understanding the amount of Registered Users who have access to their Organization’s TrueNxus Account.

TrueNxus reserves the right to change the subscription prices under the Pricing Page at any time.

 

Payments toward a TrueNxus Account subscription are processed through a third-party payment processor, Stripe.  TrueNxus reserves the right to charge and/or change the service fee at any time.  Account Administrators agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom. You understand and agree that TrueNxus will not be held liable for any AccountAdministrator’s failure to complete a transaction entered into through theWebsite.  By utilizing Stripe, AccountAdministrators agree that they may be subject to their separate Terms of Service found here.  

Refund Policy

TrueNxus has a no refund policy.  If an Account Administrator cancels their subscription to an Organization’s TrueNxus Account, Account Administrators will retain access to the paid features of the Account until the next billing cycle.  After your subscription expires, all Registered Users will lose access to paid features of their TrueNxus Account and all data associated with those features.

Prohibited Uses

You expressly agree that you will not use theWebsite to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from:

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to TrueNxus by sending an email to: support@truenxus.com.

Mobile Devices

The Website is fully accessible via a mobile device.  To the extent you access theWebsite through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  TrueNxus is not responsible for any fees or errors that occur while accessing the Website via mobile device.  

Section 230 of Communications Decency Act

You acknowledge and agree that TrueNxus is an interactive computer service provider under Section 230 of the CommunicationsDecency Act. Though TrueNxus may edit, remove, or control the content displayed through the Website, you agree that TrueNxus will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through theWebsite or otherwise.  

Third Party & Affiliate Links

You understand that the Website may contain links to third party websites, applications, or services that TrueNxus does no town or control. You agree that TrueNxus will not be held responsible or liable for the content of third party websites, applications, or services and that TrueNxus’ inclusion of those websites, applications, or services within its Website does not constitute TrueNxus’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

From time to time, TrueNxus will refer to commercial products, processes, services, experts, and/or websites.  Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate.  TrueNxus does not endorse any commercial product, process, service, expert, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of TrueNxus and are not intended to be used for product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. TrueNxus may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

TRUENXUS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. TRUENXUS PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IFYOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

TRUENXUS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TOANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. TRUENXUS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. TRUENXUS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

TRUENXUS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE,DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

TRUENXUS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES,INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT TRUENXUS CAN BEHELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY,FOR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO TRUENXUS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TRUENXUS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend TrueNxus, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through theWebsite, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third-party.

 

Your obligation to defend TrueNxus under the terms of this Agreement will not provide you with the right to control TrueNxus’ defense, and TrueNxus reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify TrueNxus.

 

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TrueNxus may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution ofDisputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States ofAmerican and the State of Texas without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.  

 

YOU AND TRUENXUS AGREE THAT ARBITRATION WILLBE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM TRUENXUS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY,INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT.ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BYA SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND TRUENXUS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND TRUENXUS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

TrueNxus hereby incorporates its PrivacyPolicy and Pricing Page into this Agreement. This Agreement and its incorporated Privacy Policy and Pricing Page constitutes the entire agreement between the parties with respect to the use of the Website. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind TrueNxus.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and TrueNxus will not knowingly collect personally identifiable information from children under the age of eighteen (18). If TrueNxus inadvertently collects such personally identifiable information, TrueNxus will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

TRUENXUS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRUENXUS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER INANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to TrueNxus.

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: support@truenxus.com.

This Agreement is enforced by the Internet lawyers of TraverseLegal, PLC.