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Acceptable Use Policy

Version 3.0 · Effective September 1, 2026

This Acceptable Use Policy ("AUP") governs all use of the Nxera Offerings (as defined in the Terms of Service). The AUP is incorporated into the Nxera Terms of Service. Violation of this AUP is a material breach of the Terms and entitles Nxera to suspend or terminate the Services immediately, without refund of the current billing period, and may expose you to civil and/or criminal liability.

Nxera applies this AUP in its sole reasonable discretion. Determination of a violation does not require Nxera to prove intent, demonstrate harm, or wait for a complaint.

1. General Principles

You shall use the Nxera Offerings only:

  • For lawful purposes;
  • In compliance with the Terms, this AUP, and all other Nxera Policies;
  • In compliance with all applicable laws of the United States, the State of Florida, and any other jurisdiction relevant to your business;
  • In good faith;
  • Consistent with the rights and reasonable expectations of third parties, including the customers and plan members you ask Nxera to write to in your name.

2. Prohibited Conduct

You shall not use the Nxera Offerings to do any of the following, nor shall you permit, authorize, encourage, or facilitate any third party to do any of the following:

2.1 Illegal Activity

  • Engage in or facilitate any unlawful activity under applicable federal, state, or local law;
  • Promote products or services you are not legally licensed to provide;
  • Misrepresent professional credentials, certifications, or licenses;
  • Operate any business model that requires a license or permit you do not hold;
  • Operate in violation of any consent decree, court order, or regulatory obligation.

2.2 Fraud and Deception

  • Engage in any fraud, deception, or impersonation;
  • Make false, misleading, or unsubstantiated claims about your business, products, services, pricing, certifications, awards, results, or guarantees, including in the plan terms and offers you approve;
  • Provide false reviews, testimonials, ratings, or endorsements (including any review by an employee, family member, contractor, or paid party not disclosed as such);
  • Engage in deceptive advertising as defined by the FTC Act or state consumer-protection law;
  • Misrepresent your geographic service area or claim "local" status you do not have;
  • Use bait-and-switch pricing or fake-scarcity tactics in any Customer Message or on any Plan Page;
  • Submit photos, logos, or content you do not own and do not have permission to use;
  • Use stolen identities, fake company names, or front businesses.

2.3 Spam and Unlawful Communications

  • Violate the CAN-SPAM Act, the TCPA (including its rules on text messages and calling-time restrictions), the Florida Telemarketing Act, CASL, GDPR, or any similar law;
  • Provide contacts obtained without lawful basis (scraped lists, purchased or leaked customer lists, contacts of people who have no business relationship with you or who have asked not to hear from you);
  • Record a consent basis for a contact that is not true;
  • Use the Services for unsolicited bulk communications, spam, phishing, or social engineering;
  • Send any communication that misrepresents the sender, the subject, or the purpose;
  • Continue contact with a recipient who has asked to be removed, or re-add a contact who unsubscribed;
  • Offer or deliver any incentive, discount, or gift in exchange for a review, or ask Nxera to do so.

2.4 Harmful or Objectionable Content

  • Post, distribute, or display content that is defamatory, libelous, threatening, harassing, abusive, hateful, or discriminatory based on race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic;
  • Post pornographic, obscene, sexually explicit, or sexually suggestive content;
  • Post content depicting or promoting violence, self-harm, suicide, eating disorders, or terrorism;
  • Post content depicting minors in any way that is sexualized or exploitative;
  • Post content that infringes intellectual-property rights;
  • Post content that violates privacy rights, including unauthorized photographs or recordings of identifiable individuals, or job photos a customer did not agree to share;
  • Post content designed to deceive AI systems, search engines, or human readers (cloaking, hidden text, doorway pages, etc.);
  • Post content promoting illegal goods, services, or activity.

2.5 Technical Abuse

  • Distribute malware, viruses, ransomware, spyware, worms, Trojan horses, or any harmful code;
  • Engage in denial-of-service attacks, traffic flooding, or any disruption of the Services;
  • Attempt unauthorized access to any system, account, network, or data, including another client's portal, customer list, or Plan Page;
  • Probe, scan, or test the vulnerability of the Services without prior written authorization;
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code or algorithms of any portion of the Nxera Offerings;
  • Use bots, scrapers, crawlers, headless browsers, or any automated tool to access or extract data from the Services other than as expressly authorized;
  • Frame, mirror, embed, or reproduce any Nxera-controlled page or content other than linking to your own Plan Page;
  • Use AI-detection-evasion tools or fingerprint-spoofing to circumvent rate limits or security controls;
  • Train, fine-tune, evaluate, or benchmark any AI model, language model, or competing tool using outputs of the Nxera Offerings;
  • Use generated outputs, methodologies, or prompts to build any competing product;
  • Tamper with or interfere with any other Client's account, data, customers, members, or Plan Page.

2.6 Restricted Industries and Content Types

The Nxera Offerings may NOT be used to operate, promote, or facilitate any of the following businesses or activities:

  • Adult entertainment, pornography, escort services, or sexually explicit services;
  • Gambling, sports betting, lotteries, or wagering services without proper licensure in the relevant jurisdiction;
  • Cannabis, marijuana, hemp-derived THC, kratom, kava, or other controlled substances (regardless of state-level legality);
  • Vape, e-cigarette, tobacco, or nicotine products marketed to minors or in violation of applicable law;
  • Firearms, ammunition, weapons, weapon-conversion devices, or explosives sales;
  • Cryptocurrency exchanges, ICOs, NFT mints, token sales, DeFi protocols, mining-as-a-service, or other speculative crypto-financial products;
  • Multi-level marketing (MLM), pyramid schemes, chain letters, ponzi schemes, or any "get rich quick" scheme;
  • Predatory lending, payday loans, "buy here pay here" auto sales targeting subprime consumers, or any high-cost short-term lending product not in compliance with state usury laws;
  • Counterfeit goods, knockoffs, or trademark-infringing products;
  • Essay-writing services, term-paper services, or any service marketed to facilitate academic dishonesty;
  • Bail-bond aggregator/lead-generation businesses, debt-elimination scams, or credit-repair services that promise outcomes prohibited by the Credit Repair Organizations Act;
  • Health-claim, weight-loss, anti-aging, or supplement businesses making FTC-prohibited claims;
  • "Rentvesting," timeshare-resale, or rental-listing scam operations;
  • Any business that has been the subject of an FTC, state AG, or CFPB enforcement action without disclosure to Nxera;
  • Any business in an industry that, in Nxera's reasonable judgment, exposes Nxera to disproportionate legal, financial, or reputational risk.

2.7 Anti-Competitive Behavior

  • Resell, sublicense, or white-label the Nxera Offerings to third parties without express written authorization from Nxera (your own Plan Page and Customer Messages carry your brand by design and are not a resale);
  • Use data, methodology, design patterns, prompts, or insights extracted from the Nxera Offerings to build, train, market, or operate a competing product;
  • Disparage Nxera in bad faith, with knowingly false statements, or in a manner intended to damage Nxera's business;
  • Solicit Nxera personnel for employment without prior written consent for twelve (12) months following termination of the Services;
  • Encourage other Clients to terminate the Services in bad faith.

2.8 Account-Related Abuse

  • Operate multiple accounts to circumvent pricing, sending caps, quiet hours, or any other Nxera Policy;
  • Sell, rent, transfer, or share account credentials or sign-in links with any third party;
  • Use the Services to perform services for any third party (other than incidental to operating Client's own business);
  • Impersonate another business, person, or Client.

2.9 Customer Message and Plan Page Restrictions

  • Ask Nxera to write to recipients with whom you have no business relationship and no lawful basis for contact;
  • Approve Customer Messages that contain false statements, misleading offers, or anything that violates the AUP, Terms, or applicable advertising law;
  • Include a recipient's personal information (other than name, contact details, and the service history you hold) in a Customer Message without lawful basis;
  • Direct Customer Messages or sell plans into a state where your business is not legally authorized to operate;
  • Offer plans through your Plan Page whose terms, pricing, renewal disclosures, or fulfillment violate applicable law, or fail to perform the visits and services your plans include;
  • Use Customer Messages to harass, intimidate, defraud, or extort.

3. Compliance Responsibility

You are solely responsible for ensuring that everything you ask Nxera to publish, send, or display on your behalf complies with applicable law, this AUP, and the rights of third parties. This includes content drafted by Nxera's AI systems based on information you provide; every Customer Message waits for your review window and every plan design waits for your approval, and you are responsible for what you approve or allow to send under your review settings.

You will indemnify Nxera under Section 13 of the Terms for any claim, damage, or cost arising from your violation of this AUP.

4. Reporting

To report a suspected violation of this AUP, contact: info@getnxera.com (subject line: "AUP Violation Report"). Reports should include sufficient detail for Nxera to investigate. Recipients of a Customer Message can also use the unsubscribe link in the message, which Nxera honors without contacting the Client first.

5. Enforcement

5.1 Discretion

Nxera reserves the right, in its sole reasonable discretion, to investigate any suspected or actual AUP violation. Investigation does not require Nxera to provide evidence to the Client, to await Client's defense, or to wait for a third-party complaint.

5.2 Actions

In response to an AUP violation, Nxera may take any of the following actions, in any combination, at any time: (a) Issue a written warning; (b) Require the Client to remove or modify violating content; (c) Pause Customer Messages for the account, or suspend access to the Services temporarily or indefinitely; (d) Take the Plan Page offline immediately, with or without notice; (e) Terminate the Services permanently, without refund of the current billing period; (f) Refer the matter to law enforcement, regulatory authorities, or affected third parties; (g) Cooperate with any civil or criminal investigation; (h) Pursue civil or criminal remedies against the Client; (i) Withhold or seize any Customer Content where required to comply with legal process; (j) Disclose the violation to relevant industry watchdogs, ratings agencies, or future-employer references where lawful.

5.3 No Obligation to Monitor

Nxera has no obligation to monitor the Services for AUP compliance and is not responsible for AUP violations it does not detect. Failure to enforce a violation in one instance is not a waiver of Nxera's right to enforce later or in other instances.

5.4 Survival

The obligations and acknowledgments in this AUP survive termination of the Services with respect to any conduct that occurred during the subscription.

6. Updates

Nxera may update this AUP at any time. Material changes will be communicated by email or by posting on the Site at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes Acceptance.

7. Contact

Nxera Digital LLC 1201 E Ponce De Leon Blvd Coral Gables, FL 33134 info@getnxera.com

This Acceptable Use Policy was last updated on September 1, 2026. Version 3.0.