Terms of Service

1. Acceptance of Terms

By accessing or using nexiobit.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the website or engaging our services on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Services

NexioBit is a marketing agency providing the following services exclusively to medical spas, aesthetic clinics, and related practices in the United States:

• GoHighLevel CRM setup and management
• Medical spa website design and development
• Search engine optimization (SEO) and Generative Engine Optimization (GEO)
• Google Ads and Meta Ads campaign management
• Google review automation and reputation management
• NexChat AI booking agent (proprietary product)
• NexCall AI voice agent (proprietary product)
• Marketing automation, integrations, and consulting

Specific scope, deliverables, timelines, and pricing for each engagement are governed by a separate Statement of Work or Services Agreement signed between NexioBit and the client.

3. Use of Website

Permitted Use

You may use our website to learn about our services, contact us, schedule a strategy call, and access publicly available content. You may share links to our content on social media and via email.

Prohibited Conduct

You agree NOT to:

• Use the website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any part of the website or its underlying systems
• Scrape, harvest, or collect data from the website using automated tools without our written permission
• Reproduce, distribute, modify, or create derivative works of our content without permission
• Submit false, misleading, or fraudulent information through our forms
• Submit Protected Health Information (PHI) or patient data through public forms (this is for your protection and your patients’)
• Interfere with or disrupt the website’s operation
• Use the website to transmit viruses, malware, or other harmful code
• Engage in conduct that restricts or inhibits anyone else’s use of the website

4. Intellectual Property

Our Content

All content on nexiobit.com — including text, graphics, logos, trademarks, photographs, videos, software, and the underlying design and architecture — is the property of NexioBit or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

Proprietary Products

NexChat AI, NexCall AI, and the MedSpa Snapshot are proprietary products of NexioBit. The names, methodologies, code, prompts, training data, and configurations associated with these products are trade secrets and confidential information.

Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal, non-commercial purposes consistent with these Terms.

Client Deliverables

For clients who engage us, intellectual property ownership of deliverables is governed by the specific Services Agreement signed between NexioBit and the client. By default, clients own the content, branding, and creative deliverables produced for them; NexioBit retains ownership of underlying methodologies, templates, frameworks, and proprietary tools.

5. Client Engagements

If you engage NexioBit as a client, your engagement is governed by:

1. These Terms of Service (general terms)
2. A signed Services Agreement or Statement of Work (specific scope, fees, timelines)
3. A Business Associate Agreement (BAA) where HIPAA applies
4. Our Privacy Policy

In the event of any conflict between these Terms and a signed Services Agreement, the Services Agreement controls.

6. Disclaimers

No Guarantee of Results

While NexioBit shares case studies and client results, past performance does not guarantee future results. The success of marketing campaigns depends on numerous factors outside our control, including market conditions, your practice’s location, treatment offerings, pricing, internal operations, customer service quality, and competitive dynamics. We make no guarantee of specific outcomes such as revenue, lead volume, conversion rates, or search rankings.

Not Legal, Medical, or Financial Advice

Information on this website is for general informational purposes only and is not legal, medical, financial, or tax advice. Always consult qualified professionals before making decisions based on website content.

HIPAA and Compliance

NexioBit configures HIPAA-compliant systems for clients under signed BAAs, but compliance ultimately depends on the client’s own practices, training, and operational adherence. Clients are responsible for their own HIPAA compliance. We are not your compliance officer.

Third-Party Platforms

Our services often involve third-party platforms (GoHighLevel, Google Ads, Meta, WordPress, Stripe, Calendly, etc.). We do not control these platforms and are not responsible for their availability, pricing changes, policy changes, or technical issues.

7. Limitation of Liability

To the maximum extent permitted by law:

• NexioBit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost business opportunities, or lost data
• NexioBit’s total liability for any claim arising from your use of the website or services shall not exceed the amount you paid NexioBit in the twelve (12) months preceding the claim, or one hundred US dollars ($100) if you have not paid NexioBit anything
• These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise)

Some jurisdictions do not allow these limitations, so they may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless NexioBit, its officers, employees, contractors, and affiliates from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the website or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any law or regulation, including HIPAA
• Content you submit, post, or transmit through the website

9. Third-Party Links and Services

Our website may link to third-party websites and embed third-party content (e.g., YouTube videos, LinkedIn profiles, Calendly booking pages). We do not control these third parties and are not responsible for their content, privacy practices, or terms of use. Your interactions with third parties are at your own risk.

10. Termination

Website Access

We may suspend or terminate your access to the website at any time, with or without notice, for any reason, including violation of these Terms.

Client Engagements

Termination of client engagements is governed by the specific Services Agreement. By default, either party may terminate with thirty (30) days written notice. Specific terms vary by engagement.

Surviving Provisions

Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 11 (Governing Law), and any other provisions that by their nature should survive termination, will survive.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Informal Resolution

Before filing any claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within thirty (30) days of receiving notice.

Jurisdiction

Any legal action arising from these Terms must be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Class Action Waiver

You agree to resolve disputes with NexioBit on an individual basis and waive any right to participate in class actions, class arbitrations, or representative proceedings.

12. Changes to These Terms

We may update these Terms periodically. When we make material changes, we will:

• Update the “Effective” date at the top of this page
• Post a notice on our website
• For significant changes, notify clients by email

Your continued use of the website after changes constitutes acceptance of the updated Terms.

13. 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 remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any signed Services Agreement, constitute the entire agreement between you and NexioBit regarding use of the website and our services. They supersede any prior agreements, communications, or understandings.

15. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of NexioBit.

16. Assignment

You may not assign these Terms or any rights under them without our prior written consent. NexioBit may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

17. Contact Us

Questions about these Terms? Contact us:

NexioBit
Email: [email protected]
Website: nexiobit.com/contact