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Welcome to Nexa360!
Welcome to Nexa360, the flagship product proudly developed by ClarityOps LLC, dedicated to empowering organizations with unparalleled tools for crafting exceptional job descriptions. Our commitment to innovation and excellence drives us to deliver a seamless user experience, revolutionizing the hiring processes to reduce complexity. As you embark on your journey with Nexa360, rest assured that your satisfaction and security are paramount to us. This User Agreement outlines the terms of our partnership, ensuring clarity and transparency every step of the way. Thank you for choosing Nexa360 as your trusted ally in redefining recruitment strategies and unlocking untapped potential.
Nexa360, an AI-based Job Description management and creation application operated by and proprietary to ClarityOps LLC, a California company. By signing up for Nexa360 and opening an account, you agree to enter into this User Agreement (the “User Agreement”) by and between you and ClarityOps LLC, and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use Nexa360. Use of the words “we,” “us,” or “our” in this User Agreement refers to ClarityOps LLC and any or all of its affiliates.
Using our services
By signing up for Nexa360 and opening an account, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this User Agreement with ClarityOps LLC, and agree to be legally bound by the terms and conditions of this User Agreement in their entirety.
You agree and understand that by logging into your account or following any change to this User Agreement, your login or API Authentication, as applicable, shall constitute your agreement to the amended User Agreement with ClarityOps LLC, and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account following an amendment to this User Agreement, transactions that you or others have already undertaken, and benefits, such as trading fee discounts and rebates that you or others have earned, could be affected by the amended terms and conditions of this User Agreement. See, for example, the ‘Account Termination’ and ‘Account Remedies for Breach’ sections. You should, therefore, read this User Agreement from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this User Agreement, from time to time, as a condition of you accessing or using any Nexa360 Services (as defined below), logging into your account. If you do not agree to be bound by this User Agreement, you should not access or use any Nexa360 Services, login to your account. Should you disagree with this User Agreement (including any changes or amendments), please close your account in accordance with the Account Closure section.
Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to this User Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
Feel free to print and keep a copy of this User Agreement. Please understand that we reserve the right to change any of these terms and conditions at any time. Don’t worry, you can always find the latest version of this User Agreement here on this page.
Applicable Laws and Regulations
Your conduct on Nexa360 is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but not limited to:
1. California Consumer Privacy Act (CCPA): Ensures your rights to know, access, delete, and opt-out of the sale of personal information.
2. General Data Protection Regulation (GDPR): Provides data protection and privacy rights for individuals in the European Union.
3. Fair Employment and Housing Act (FEHA): Prohibits employment discrimination based on race, color, religion, sex, gender identity, and other protected characteristics.
4. Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
5. Americans with Disabilities Act (ADA): Ensures non-discriminatory practices in job descriptions and employment.
6. Unfair Competition Law (UCL): Prohibits unlawful, unfair, or fraudulent business acts or practices.
7. Consumer Legal Remedies Act (CLRA): Protects consumers against unfair and deceptive business practices.
8. Digital Millennium Copyright Act (DMCA): Addresses copyright infringement and includes provisions for service providers.
9. California Online Privacy Protection Act (CalOPPA): Requires disclosure of privacy policies on commercial websites and online services.
10. Children's Online Privacy Protection Act (COPPA): Governs the collection of personal information from children under 13.
11. California Cybersecurity Laws: - Includes various statutes addressing cybersecurity practices and breach notification requirements.
By using the Service, You unequivocally agree and understand that by signing up for Nexa360, opening an account, and using Nexa360 in any capacity, you agree to comply with and be legally bound by this User Agreement and all Applicable Laws and Regulations. For the avoidance of doubt, the receipt of all trading fee discounts and rebates, and the continued use of your account, are conditioned on your adherence to this User Agreement and all Applicable Laws and Regulations at all times. For any questions regarding compliance or legal obligations, please contact us at compliance@ClarityOps.co
Data Privacy and Security
We are committed to protecting your data. Detailed information about our data privacy and security measures is outlined in our Data Privacy and Security Policy. Highlights include:
Encryption: Data is encrypted both in transit and at rest.
Access Controls: Strict access controls to prevent unauthorized access.
Breach Notification: In the event of a data breach, we will notify affected users in compliance with applicable laws.
Digital Assets
As used herein, “Digital Asset” means any digital file or document created, stored, or managed within the Nexa360 platform. This includes, but is not limited to, job descriptions, templates, reports, and any other digital representations of value generated by the AI-based job description creation and management tools offered by Nexa360.
California Consumer Privacy Act (CCPA) Compliance
We comply with the California Consumer Privacy Act (CCPA). As a California resident, you have the following rights:
Right to Know: You can request information about the categories and specific pieces of personal data we have collected about you.
Right to Delete: You can request the deletion of personal data we have collected from you, subject to certain exceptions.
Right to Opt-Out: You can opt-out of the sale of your personal data.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
To exercise these rights, please contact us at compliance@clarityops.co
AI and Machine Learning
Nexa360 utilizes advanced AI and machine learning algorithms to create and manage job descriptions. The data processed by our AI includes user inputs and historical data to improve accuracy and relevancy.
Transparency: We strive to maintain transparency in how our AI processes your data.
User Control: You have control over your data and can manage your preferences through your account settings.
Ethical Use: Our AI systems are designed to operate ethically and in compliance with applicable laws and regulations.
Your Nexa360 Account
Account Opening
Only individuals or institutions that have opened an account (“Nexa360 Account”) are considered Nexa360 Customers (each, a “Nexa360 Customer”). A Nexa360 Account may be opened on behalf of an institution by a beneficial owner and/or designated representative of the said institution. By doing so, you warrant and agree that you are a beneficial owner and/or designated representative of the said institution. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your linked bank account, and to take any action we deem necessary based on the results. To the extent that you would like more information on adding another person to your account, please email compliance@clarityops.co
Account Types (Coming Soon….)
In order to access Nexa360, you must register and open a Nexa360 Account.
Access to your Nexa360 Account is limited solely to the individuals who have successfully registered and opened an associated User Account. You agree that you will not grant any person access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations.
Account Access
You are only permitted to access your Nexa360 Account by using your User Account login credentials and other required forms of authentication. You can either use the Google Sign-in or Registered email address with Nexa360 to login to your account. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with.
You agree that your User Account login credentials and any other required forms of authentication, where applicable, have been chosen by you. You also agree to keep your User Account login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Nexa360
Account and your User Account.
You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. You agree that we cannot be held liable for unauthorized access or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties.
You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that, we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account.
You agree and understand that you are responsible for monitoring your User Account and Nexa360 Account. If you notice any unauthorized or suspicious activity in your account.
If you notice any unauthorized or suspicious activity in your account, including but not limited to any JDs that you have not created or missing JDs created please email support@clarityops.co and notify us immediately.
Account Communication
You agree and understand that all communication with you will be via email. We will use the email address on record for your User Account as our primary means of communicating with you. You acknowledge and understand that this is the only authorized way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Nexa360 or ClarityOps LLC. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to Nexa360 until you provide and confirm a new and valid email address.
Account History
Your transaction history (“Transaction History”) is always available in Nexa360 application. We use commercially reasonable efforts to assure that the information contained in the notices we send you and your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
Any action listed in your Activity Log or other communication, including but not limited to, notifications sent to your email on record, shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive Written Notice (as defined herein) to the contrary within three business days from the date the communication was sent.
Account Review and Acknowledgment
It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility to visit our Help Center and notify us immediately. You understand that every communication sent to your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by you unless we have received Written Notice to the contrary within three calendar days from the date the communication was sent. We retain the right to make changes or adjustments to your Account as necessary and appropriate, and in our sole discretion, to comply with any Applicable Laws and Regulations or to ensure integrity.
Account Closure
You may close any of your account(s) at any time. You agree and understand that closing your Nexa360 account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open tasks and, in accordance with the provisions of this User Agreement, provide instructions on where to transfer any remaining data or documents associated with your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, legal and administrative fees or transfer costs of data or documents) associated with closing your account. If the costs of closing your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our compliance program.
Account Suspension
You agree and understand that we have the right to immediately (i) suspend your account and all accounts beneficially owned by you and any members of your household or for which you are a representative or authorized signatory and, in the case of entities, any affiliates (each, a “Related Account”), (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Nexa360, until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:
Any provision of this User Agreement;
Any Applicable Laws or Regulations;
Our Marketplace Conduct Rules,
at any time since the opening of such account or Related Account (each, a “Conduct Violation”).
You further agree and understand that we have the right to immediately (i) suspend your account and any Related Account, (ii) freeze/lock the funds and assets in all such accounts and seek to recover additional funds in the event that the funds and assets in your accounts are insufficient to cover Nexa360’s losses, and (iii) suspend your access to Nexa360 until a determination has been made, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account has not been renewed beyond the expiry date. ;
The account has a balance that needs to be reconciled for any reason;
Your payment was returned by your bank;
We believe someone is attempting to gain unauthorized access to the account;
We believe there is unusual activity in the account;
We believe your account was used to send or receive a ransomware payment;
We believe you are using Nexa360, your login credentials, or other account information in an unauthorized or inappropriate manner;
The account is being accessed from a jurisdiction where we do not offer Nexa360 Services; or
The account has not been accessed in two years or more.
If your account has been suspended, you will be notified when accessing Nexa360. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.
Account Investigations
You agree and understand that we have the right to immediately investigate your account and any Related Account, if we suspect, in our sole discretion, that you and/or any such account has committed a Conduct Violation or otherwise been engaged in Prohibited Use or suspicious activity.
You further agree and understand that we have the right to immediately investigate your account and any Related Account, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account is, or is related to any account that is, the property of a Sanctioned Person;
The account was used to facilitate a ransomware payment;
The account has not been accessed in two years or more.
We may, in our sole discretion, give Written Notice that your account is the subject of an investigation and may, in our sole discretion, share the general nature of the investigation, if permitted to do so by law.
If we suspect that an account has committed a Conduct Violation that pertains to our Marketplace Conduct Rules, we will give Written Notice and share the general nature of the allegations as well as the specific provisions of our Marketplace Conduct Rules that appear to have been violated. You will have the right to submit, within seven calendar days from the date of notification, a written statement explaining why no disciplinary action should be taken.
You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement, nor refuse to comply with any request made pursuant to this User Agreement. Following the conclusion of an investigation, we will make, at our sole discretion, a determination based upon the weight of the evidence.
To ensure a fair, transparent, and efficient environment for all users, we have established the following Conduct Rules. By signing up and using the Nexa360 app, you agree to comply with these rules.
User Responsibilities
Accuracy of Information: Users must provide accurate and up-to-date information in their profiles and any job descriptions or related content created using the Nexa360 app. Misrepresentation or falsification of information is strictly prohibited.
Compliance with Laws: Users must comply with all applicable local, state, and federal laws and regulations while using the Nexa360 app. This includes, but is not limited to, employment laws, data protection regulations, and intellectual property laws.
Respectful Communication: Users must engage in respectful and professional communication with other users. Harassment, discrimination, abusive language, or any form of misconduct will not be tolerated.
Prohibited Content: Users are prohibited from creating, sharing, or distributing any content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable. This includes content that infringes on the intellectual property rights of others.
Data Privacy and Security: Users must safeguard the privacy and security of personal data. Sharing sensitive personal information without proper authorization is prohibited. Users must also adhere to Nexa360’s data privacy policies and terms of service.
Conduct
Fair Use: Users must use the Nexa360 app fairly and reasonably, without causing harm or disruption to the app or its services. Any attempt to exploit or abuse the app’s functionalities is prohibited.
Prohibited Activities: Users must not engage in activities that could harm the integrity of the Nexa360 marketplace, including, but not limited to:
Manipulating or interfering with the app’s AI algorithms or job description generation process.
Engaging in fraudulent activities or creating fake accounts.
Attempting to gain unauthorized access to other users’ accounts or data.
Evaluation Criteria: When evaluating user activities, Nexa360 may consider factors such as:
Whether the user’s intent was to mislead others or manipulate job descriptions.
The impact on other users and the overall marketplace.
The user’s historical pattern of activity on the platform.
The frequency and nature of content creation and modification activities.
The size and scope of user-generated content relative to market conditions.
The duration and exposure of content within the marketplace.
The effect of user actions on the visibility and accessibility of other users’ content.
Reporting Violations: Users are encouraged to report any violations of these Marketplace Conduct Rules to Nexa360’s support team. Nexa360 will investigate and take appropriate action, which may include account suspension or termination.
Account Management
Account Suspension and Termination: Nexa360 reserves the right to suspend or terminate user accounts for violations of these Marketplace Conduct Rules or any other terms of service. Suspended or terminated accounts may result in the loss of access to data and services.
User Cooperation: Users must cooperate with Nexa360 during any investigation of potential violations. Failure to cooperate may result in account suspension or termination.
Changes to the Rules
Nexa360 reserves the right to update or modify these Conduct Rules at any time. Users will be notified of any significant changes, and continued use of the app constitutes acceptance of the updated rules.
Contact Us
If you have any questions or concerns regarding these Conduct Rules, please contact Nexa360’s support team at support@clarityops.co
By using the Nexa360 app, you acknowledge that you have read, understood, and agree to abide by these Conduct Rules.
Account Remedies for Breach
You agree and understand that if you, your account, or any associated account (hereinafter referred to as a "Related Account") is determined, in our sole discretion, to have committed a breach of our conduct rules, ClarityOps LLC has the right to take the following actions:
Reversal of Benefits: We may debit from your account or any Related Account (i) the value of any discounts or benefits that you or the holder of a Related Account has received in connection with this User Agreement at any time within one year preceding the date on which we become aware of the breach, and (ii) any other damages suffered by Nexa360 as a result of the breach.
Freeze/Lock/Seize Access: We have the right to freeze, lock, or seize your access to the Nexa360 application and any associated services where your breach has impacted the integrity or functionality of our services. This may include suspension of your ability to access existing JDs, create new JDs or manage job descriptions.
Joint and Several Liability: If we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other user to commit a breach, you and that user will be jointly and severally liable for the entire value of any damages to which we are entitled under this subsection. Any such amounts may be debited, in our sole discretion, from your account or that user’s account, or in each case, any Related Account.
Offsetting Negative Balances: You agree and understand that we have the right to offset:
(i) Negative balances in your account by charging the necessary amount to cover the negative balance.
(ii) Any and all debts owed to Nexa360 through the offset of balances of your account or any Related Account.
Suspension of Services: In the event of a breach, we reserve the right to suspend your access to Nexa360 services until a determination has been made regarding the breach. This includes suspending your ability to create, modify, or manage job descriptions.
Termination of Account: We reserve the right to terminate your account or any Related Account if the breach is severe and/or repeated, causing significant harm to Nexa360’s operations or reputation.
If you disagree with any determination made or remedy exercised under this subsection, you may bring an arbitration action pursuant to the 'Dispute Resolution' section of this User Agreement.
By using Nexa360, you acknowledge and agree to comply with these terms regarding account remedies for breaches.
Account Termination
You agree and understand that we have the right to terminate your access to Nexa360 and any account at any time and for any reason, including for violation of this User Agreement or applicable law. If we do so, your rights and obligations under this User Agreement will continue. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or applicable laws and regulations.
If your account is terminated, we will return any remaining funds, less the value of any discounts, rebates, debts owed to Nexa360, offsets, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any discounts, rebates, debts owed to Nexa360, offsets, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law.
Subject to any rights Nexa360 may have against the balance of your account, if there is a balance remaining, you agree to provide us with a valid bank account or digital payment address within thirty calendar days upon receiving written notice, so that we can return the remaining balance to you. By using Nexa360, you acknowledge and agree to comply with these terms regarding account termination.
Legal Process
You agree and understand that we, as well as our affiliates, service providers, their respective officers, directors, agents, joint venturers, employees and representatives (collectively, the “Nexa360 Service Providers”), may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which any of us reasonably and in good faith believe to be valid. We and any Nexa360 Service Provider may, but are not required to, notify you of such process by electronic communication. We and any Nexa360 Service Provider may charge you for associated costs, in addition to any legal process fees. You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, or damages associated with our compliance with any process that any of us reasonably believe in good faith to be valid. You further agree that we and any Nexa360 Service Provider may honor any legal process, regardless of the method or location of service.
Right of Offset
You agree and understand that ClarityOps LLC reserves the right to offset any outstanding balances or amounts owed by you against any funds or payments due to you. This includes, but is not limited to, fees, costs, expenses, or other obligations incurred through your use of our services. In the event of a dispute regarding any amounts owed, ClarityOps LLC may, at its sole discretion, withhold the disputed amount until the issue is resolved. By using Nexa360, you authorize us to take any necessary actions to recover amounts owed, including but not limited to, debiting your account or seeking reimbursement through other legal means.
Patriot Act Notification
Please note that Section 326 of the USA PATRIOT Act requires institutions, including non-financial organizations, to obtain, verify, and record information that identifies each person who creates an account. This federal requirement applies to all new users of Nexa360. This information helps the United States government in its efforts to combat the funding of terrorism and money-laundering activities.
What this means to you: When you open an account on Nexa360, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to verify your identity. This process ensures the integrity and security of our platform while complying with federal regulations.
Sanctions Programs
Pursuant to the economic sanctions programs administered in the countries where we conduct business, including, but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required, in accordance with an OFAC sanctions program, other applicable government sanctions programs, or our policies designed to comply with these sanctions programs, we may: (i) suspend your account; (ii) terminate your account; (iii) restrict your account; (iv) return funds to the destination of their origin or to an account specified by authorities; (v) block funds in your account that are the property of a Sanctioned Person (defined in the ‘Export Controls’ section below), or (vi) require you withdraw funds from your account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law and Regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Prohibited Activity
ClarityOps LLC does not permit the use of the platform for any prohibited activity in a Nexa360 Account, including but not limited to: use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, assist in violation of, or cause Nexa360 to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”).
You agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the assets in all such accounts, and (iii) suspend your access to Nexa360, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity policy.
ClarityOps
ClarityOps specializes in enhancing business operations through innovative solutions, helping companies streamline their processes to achieve better, faster, and smarter outcomes. By leveraging data-driven insights, ClarityOps empowers organizations to make informed decisions that enhance their competitiveness and operational efficiency.
Core Services
Operational Efficiency: ClarityOps focuses on improving the planning, organization, and execution of business operations. Their services are designed to ensure that businesses can operate smoothly and effectively, minimizing downtime and maximizing productivity.
Data-Driven Decision Making: Through advanced analytics and data insights, ClarityOps provides businesses with the information they need to make strategic decisions. This helps companies stay ahead of the competition by making informed choices based on real-time data.
Continuous Innovation: ClarityOps emphasizes the importance of continuous improvement and innovation in business operations. They assist organizations in adapting to changing market conditions and evolving business needs, ensuring sustained growth and success.
Key Benefits
Enhanced Clarity and Efficiency: By clearly defining roles and responsibilities within an organization, ClarityOps helps eliminate confusion and overlap, leading to more efficient workflows.
Improved Team Collaboration: ClarityOps employs strategies that enhance team collaboration, ensuring that all team members are aligned and working towards common goals.
Flexibility in Operations: Recognizing the importance of adaptability, ClarityOps helps businesses incorporate flexibility into their operations, making them more resilient and responsive to changes.
Approach and Philosophy
ClarityOps adopts a client-centric approach, tailoring their solutions to meet the specific needs of each business. They believe in the power of clarity in roles and responsibilities, continuous learning, and the importance of diversity and inclusion in the workplace. These principles are central to their philosophy and guide their strategies for helping businesses succeed.
Disrepute Upon You or Nexa360
Neither you nor any related party may access Nexa360 in any way which could be expected to bring disrepute upon you or Nexa360
Acts Detrimental to Nexa360
It is a violation of this User Agreement to engage in any act detrimental to Nexa360, including any conduct that is inconsistent with principles established by relevant regulatory and advisory bodies. Abusive practices, including without limitation, disruptive, deceptive, manipulative, noncompetitive, or unfair actions are strictly prohibited.
Specifically, the following acts apply to users of Nexa360:
Fraudulent Activities: Any attempt to deceive or manipulate the platform, its users, or the data within it is strictly prohibited. This includes falsifying information, impersonating others, or engaging in any form of deceptive behavior, as outlined by the Federal Trade Commission (FTC), which protects consumers and promotes competition by preventing anticompetitive, deceptive, and unfair business practices.
Manipulation of Data: Users must not manipulate or tamper with data within Nexa360 in a way that distorts its accuracy or misrepresents information. This includes artificially inflating metrics, suppressing relevant data, or engaging in any form of data manipulation. The National Institute of Standards and Technology (NIST) provides guidelines and standards for technology and cybersecurity that help ensure compliance and prevent such disputes.
Unfair Competition: Practices that unfairly disadvantage other users or entities within Nexa360 are strictly prohibited. This includes actions such as sabotaging competitors, engaging in price-fixing, or any other form of anti-competitive behavior, which can be addressed through platforms like the Better Business Bureau (BBB) and the American Arbitration Association (AAA) that help resolve disputes through mediation and arbitration.
Violations of these standards will result in appropriate action, which may include suspension or termination of access to Nexa360.
Non Supervision
You shall be responsible for establishing, maintaining, and administering reasonable, written supervisory procedures to ensure that you and any related parties comply with all Applicable Laws and Regulations. You may be held accountable for the actions of a related party. In addition, you shall be responsible for supervising related parties and may be held accountable for the actions of such related parties.
Disruptive Practices
Neither you nor any related party shall engage in any practices or conduct on Nexa360 that:
Demonstrates intentional or reckless disregard for the orderly creation and management of job descriptions; or
Is, is of the character of, or is commonly known as spamming (repeatedly submitting irrelevant or inappropriate content with the intent to disrupt the system).
All job descriptions and management actions must be executed with bona fide intentions. Additionally, all non-actionable messages must be placed in good faith for legitimate purposes.
You shall not submit or cause to be submitted a job description or management action with the intent, at the time of entry, to cancel or modify it before it has been reviewed or used.
You shall not submit or cause to be submitted any message or content with the intent to mislead other users.
You shall not submit or cause to be submitted any message or content with the intent to overload, delay, or disrupt the systems of Nexa360 or other users.
You shall not submit or cause to be submitted any message or content with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of job description creation and management.
Intimidation/Coordination
Neither you nor any related party shall:
Coordinate job description content or management actions with any other user or any other person;
Direct or request another user to alter a job description or its content; or
Engage, directly or indirectly, in any conduct that threatens, harasses, coerces, intimidates, or otherwise attempts improperly to influence another user or any other person.
This includes, but is not limited to, any attempt to influence a user or person to adjust or maintain a job description or its content on Nexa360 or any related platform, or any refusal to collaborate or any other conduct that retaliates against or discourages the competitive activities of another user or person.
Nothing in this Marketplace Conduct Rule with respect to the coordination of job descriptions or management actions shall be deemed to limit, constrain, or otherwise inhibit the freedom of you or any related party to unilaterally:
(i) Set your own job description parameters,
(ii) Determine the content of your job descriptions, and
(iii) Decide the scope and requirements of the job descriptions you manage, provided that such conduct is otherwise in compliance with all Applicable Laws and Regulations.
These provisions apply to the entire Nexa360 platform at all times.
Data Security and Insurance
We maintain commercial crime and cybersecurity insurance for the data we custody on your behalf in our online systems and Nexa360's servers. Our insurance policy is made available through a combination of third-party insurance underwriters.
Our policy insures against the theft of data from our systems that results from a direct security breach or hack of Nexa360's systems, a fraudulent transfer initiated by Nexa360, or theft by a Nexa360 employee.
Our policy does not cover any losses resulting from any unauthorized access to your User Account. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account. Please see the 'Account Access' section for more information.
Disclaimer
By using Nexa360, you agree and understand that we and/or any Nexa360 Service Provider are not responsible for any non-Nexa360 Customer's use of the Nexa360 platform or for any third party that interacts with Nexa360. You also agree and understand that you will not involve us and/or any Nexa360 Service Provider in any dispute involving a non-Nexa360 Customer or a third party that interacts with Nexa360.
You further agree and understand that we and/or any Nexa360 Service Provider are not responsible for your use (or misuse) of Nexa360 and that you will not involve us and/or any Nexa360 Service Provider in any dispute involving your use (or misuse) of Nexa360.
In any event, you hereby agree to indemnify us and/or any Nexa360 Service Provider for any and all costs, including legal costs, which are reasonably incurred by us and/or any Nexa360 Service Provider and related to any such disputes.
Questions, Feedback, and Complaints
If you have questions, feedback, and complaints please see the ‘Questions, Feedback, and Complaints’ section of this User Agreement. If you are located in the State of New York, please refer to the ‘New York User Complaints’ section. If you are located in the State of Oregon, please refer to the ‘Oregon User Complaints’ section. If you are located in the State of Texas, please refer to the ‘Texas User Complaints’ section.
Referral Program
Any referral program or other referral promotions offered by Nexa360 and ClarityOps LLC will be contained on the Nexa360 page.
Privacy of Information
You agree that the information contained in your User Account and Nexa360 Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. We agree that we will keep such information confidential, subject to the following paragraph.
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Nexa360’s Privacy Policy, which is incorporated into this User Agreement by reference.
Recording and Recordkeeping
You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your User Account, Nexa360 Account, and use of Nexa360.
General Use
Code of Conduct
We work hard to make Nexa360 safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of our Code of Conduct and this User Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will terminate your account.
Proprietary Rights and Limitations on Use
Nexa360 is our proprietary platform. Nexa360 is protected by copyright and other intellectual property laws.you agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Nexa360 source code or similar proprietary or confidential data or other similar information provided via Nexa360, without our express prior written consent. You may not use Nexa360 for any unlawful purpose.
We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Nexa360 and other informational content through Nexa360 in accordance with our API Agreement, and this User Agreement. All other uses are prohibited. All rights in and to Nexa360, and not granted herein, are reserved.
Nexa360 and the Nexa360 logo (whether registered or unregistered) (the “Nexa360 Marks”) are proprietary marks licensed to ClarityOps LLC and are protected by applicable trademark laws. Nothing contained in this User Agreement should be construed as granting any license or right to use any of the Nexa360 Marks without our express written consent. Any unauthorized use of the Nexa360 Marks is strictly prohibited.
Additionally, you may not use any of the Nexa360 Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products or services (e.g., software, applications, platforms, or any other commercial offerings) without a separate written agreement with us. This includes any use where the price, return, and/or performance of a product or service is based on, derived from, or related to Nexa360 or any portion thereof.
We may also use technology that is the subject of one or more pending patent applications.
Service Modifications
You agree and understand that we may modify part of or all of Nexa360 without notice.
Downtime and Maintenance
You agree and understand that part of or all of Nexa360 may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”).
You agree and understand that Nexa360 is not liable or responsible for any inconvenience or damage resulting from Downtime. Following Downtime, when services resume, you understand that conditions and data may differ significantly from those prior to such Downtime.
Risks
Please note the following risks in accessing or using Nexa360:
Data Integrity and Loss Risks: The risk of data loss or corruption may be substantial, and losses may occur over a short period of time.
Service Availability Risks: The availability and performance of Nexa360 may be subject to large fluctuations due to maintenance, technical issues, or other factors.
Regulatory Risks: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, and storage of data within Nexa360.
Unregulated Status: In your jurisdiction, Nexa360 may not be regulated as a technology service provider.
Insurance Limitations: Data and transactions within your Nexa360 Account are not subject to insurance protection, including, but not limited to, deposit insurance or other regulatory protections.
Data Recovery Risks: Transactions and changes within Nexa360 may be irreversible, and losses due to fraudulent or accidental modifications may not be recoverable.
Cybersecurity Risks: The nature of digital platforms may lead to an increased risk of fraud or cyber attack, and technological difficulties experienced by Nexa360 may prevent access to or use of your data.
Third-Party Interaction Risks: Interactions with third-party services or integrations may pose additional risks, including security vulnerabilities and compliance issues.
Market Condition Risks: Conditions and data within Nexa360 may differ significantly after periods of Downtime, impacting the accuracy and usability of the platform.
User Responsibility: You are solely responsible for managing and maintaining the security of your User Account login credentials and any other required forms of authentication.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Nexa360 does not give advice or recommendations regarding the use of its platform. You agree and understand that you access and use Nexa360 at your own risk; however, this brief statement does not disclose all of the risks associated with using Nexa360. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and business needs. You should be aware that you may sustain a total loss of data or access to Nexa360 services under certain conditions.
Third-Party Websites
Nexa360 may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Nexa360 has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Nexa360 is providing these links or/and information from these websites to you only as a convenience.
Third-Party Service Providers
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Third-Party Information Accuracy and Usage
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage, the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Accessing Nexa360
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Nexa360 or any Nexa360 Service Provider under any circumstances, or perform any functions that are not authorized by this User Agreement. You should never access Nexa360 from an unsecured or public computer and/or network for your own safety.
Press Guidelines
We encourage and hereby authorize press and media to refer to Nexa360, provided that any reference is accompanied by:
Attribution to Nexa360, and
A hyperlink to Nexa360.ai, when possible.
For all press and media inquiries, please email Compliance@clarityops.co
Prohibited Use
Sanctions and Export Controls
By using Nexa360.ai, you agree to comply with all applicable U.S. and international sanctions and export control laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce.
Prohibited Uses:
You may not use Nexa360.ai to engage in any transactions or activities with individuals, entities, or countries that are subject to U.S. sanctions, including those listed on the OFAC Specially Designated Nationals (SDN) List or other restricted party lists.
You may not export, re-export, or transfer any part of Nexa360.ai to any destination, person, entity, or end-user prohibited by U.S. or international export control laws without obtaining any required export license or other governmental approval.
User Responsibilities:
It is your responsibility to ensure that your use of Nexa360.ai complies with all applicable sanctions and export control laws and regulations.
You are responsible for conducting due diligence to ensure that your activities do not violate any sanctions or export controls, including verifying that no prohibited parties are involved in your transactions.
Reporting and Compliance:
Nexa360.ai reserves the right to monitor compliance with these requirements and may take necessary action, including terminating access to our services, for any user found to be in violation of applicable sanctions and export control laws.
If you become aware of any potential violations, you must immediately report them to Nexa360.ai at compliance@nexa360.ai.
Legal Consequences:
Violations of sanctions and export control laws can result in severe penalties, including substantial fines and criminal charges. Nexa360.ai will cooperate with relevant authorities in investigating and addressing any such violations.
By using Nexa360.ai, you acknowledge that you have read, understood, and agree to comply with this "Sanctions and Export Controls" section and all applicable laws and regulations.
For any questions or further information regarding compliance, please contact us at compliance@clarityops.co
General Provisions
You agree and understand that you are legally bound by the terms and conditions set forth in this User Agreement, which governs your use of Nexa360 and the services we provide. By clicking “I AGREE” during the account creation process, you acknowledge and accept that you are legally bound by the terms and conditions of this User Agreement and confirm that you have received the disclosures provided herein. If you do not agree to be legally bound by these terms and conditions, do not click “I AGREE” and please refrain from visiting, accessing, or using Nexa360 in any capacity or manner. Whether or not you click “I AGREE,” by signing up for an account and using Nexa360 in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this User Agreement (including any changes or amendments) in their entirety.
Disclaimer of Warranties
You expressly understand and agree that your use of Nexa360 and any services provided by ClarityOps LLC through Nexa360 is at your sole risk. Nexa360 and all related services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, ClarityOps LLC, its subsidiaries, affiliates, and licensors do not warrant that:
The services will meet your requirements;
The services will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from the use of the services will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations; and
Any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from ClarityOps LLC or through or from the services shall create any warranty not expressly stated in this User Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any jurisdiction does not allow the exclusion of certain warranties, the scope and duration of such warranty shall be the minimum permitted under applicable law.
Disclaimer of Liability
To the fullest extent permitted by applicable law, ClarityOps LLC, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
The use or the inability to use Nexa360 and any related services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into, through or from Nexa360;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on Nexa360;
Any other matter relating to Nexa360 or the services provided.
You expressly understand and agree that ClarityOps LLC shall not be liable for any damages arising from the interruption, suspension, or termination of Nexa360 services, including but not limited to direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
In no event shall ClarityOps LLC’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using Nexa360 and the services during the twelve (12) months immediately preceding the date of the claim or one hundred U.S. dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination or expiration of this User Agreement or your use of Nexa360 and the services provided.
By using Nexa360, you agree to the terms and conditions set forth in this Disclaimer of Liability. If you do not agree, please do not access or use Nexa360.
Reasonable Care
We agree to exercise reasonable care and use commercially reasonable efforts in fulfilling our responsibilities to you as outlined in this User Agreement, or to a higher standard of care where required by law or as specified in this User Agreement.
You acknowledge that we cannot be held responsible for any failure or delay to act by any Nexa360 Service Provider, including our partners or other participants, within the time limits permitted by this User Agreement or prescribed by law, or for delays caused by your negligence.
Furthermore, you agree that neither we nor any Nexa360 Service Provider can be held liable for any erroneous actions or system failures, defined as failures of any computer hardware or software used by Nexa360, a service provider, or any telecommunications lines or devices used by Nexa360 or a service provider, as well as downtime, which prevents us from fulfilling our obligations under this User Agreement. This exclusion of liability applies provided that we or the relevant service provider used commercially reasonable efforts to prevent or limit such errors, failures, or downtime. Additionally, you agree that neither we nor any Nexa360 Service Provider can be held responsible for any other circumstances beyond our or the service provider's reasonable control.
You also agree and understand that any act or omission made by us or any Nexa360 Service Provider in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in New York, or any rule or regulation of the State of New York, the New York State Department of Financial Services, or a federal agency having jurisdiction over such party, shall constitute reasonable care and be commercially reasonable.
We strive to provide you with a reliable and secure platform, which includes our services. However, interruptions, errors, or other service deficiencies may occur due to a variety of factors, some of which are beyond our control. These factors can contribute to delays, errors in service, or system outages, and you may experience difficulties in accessing your Nexa360 Account, managing your job descriptions, or using other features of the platform.
Force Majeure
You agree and understand that in no event shall we or any Nexa360 Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Nexa360 Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
Indemnities
In no event shall we or any Nexa360 Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this User Agreement or your use or attempted use of Nexa360. You agree to indemnify and hold us and all Nexa360 Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Nexa360, or our and any Nexa360 Service Providers’ performance or nonperformance of duties to you.
If you are a California resident, you waive California Civil Code Section 1542, which states:
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Legal Costs
You agree to indemnify us and any Nexa360 Service Provider for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of Nexa360. As a result, we will be entitled to charge your Nexa360 Account for such costs without notice, including legal and enforcement related costs that we incur.
Entire Agreement
This User Agreement, our Privacy Policy, our API Agreement, Custody Agreement, and our Market Data Agreement, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and ClarityOps LLC as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us. By your acceptance of this Agreement, you acknowledge that you have read, understand, and agree to the Authorization Agreement, and any modifications thereof, as of the time you accept this Agreement.
Separately Negotiated Arrangements
From time to time, we may, subject to applicable laws and regulations and as determined by us in our sole discretion, enter into separately negotiated arrangements with certain Nexa360 Customers pursuant to a confidential side letter or similar agreement that supplements certain of the economic or other terms of this User Agreement. These arrangements apply solely to that Nexa360 Customer’s relationship with and use of Nexa360 and may involve, among other matters:
Different incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments;
The ability to receive additional or customized market information not generally available to other Nexa360 Customers (subject to the terms of the Nexa360 API Agreement);
Preferred access to Nexa360 Customer service resources;
An agreement to permit representatives of such Nexa360 Customer to serve on any customer representative bodies or advisory committees that we may form;
An agreement to provide such Nexa360 Customer with incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments, in connection with their creation, holding, and/or use of Nexa360 services.
Any such separately negotiated arrangements will be entered into based on factors or considerations determined by us to be relevant in our sole discretion. Arrangements or terms offered to one Nexa360 Customer generally are not available to all, or even any, other Nexa360 Customers. Examples of factors we may consider in deciding whether to negotiate customized terms via a confidential side letter or similar agreement include, but are not limited to:
Whether a Nexa360 Customer plans to or is expected to conduct a significant or high volume of activity on our platform;
Whether a Nexa360 Customer is subject to specific and unique legal, tax, or regulatory obligations or requirements.
You agree and understand that you, nor any other Nexa360 Customer, shall have any right or legal recourse against us or any Nexa360 Customer that receives additional or different rights or terms as a result of a separately negotiated arrangement. You further agree and understand that the validity or enforceability of the terms and conditions of this User Agreement entered into by and between you and ClarityOps LLC shall not be affected by the existence or the terms and conditions of any separately negotiated arrangement with any Nexa360 Customer.
Assignment
This User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Relationship of the Parties
You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
Injunctive Relief
You agree and understand that your obligations and the obligations of each user set forth in this User Agreement are necessary and reasonable in order to protect us and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this User Agreement. Accordingly, you agree and understand that any such violation or threatened violation shall cause irreparable injury to the us and that, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to obtain injunctive relief against any threatened breach of this User Agreement or your continuation of any such breach, without the necessity of proving actual damages.
Severability
You agree and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
Change of Control
In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival
You agree and understand that all provisions of this User Agreement, which by their nature extend beyond the termination or expiration of this User Agreement, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of Nexa360, disputes with us, and general provisions, shall survive the termination or expiration of this User Agreement.
Miscellaneous
Section headings in this User Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this User Agreement. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” and words of similar import, when used in this User Agreement, shall refer to this User Agreement as a whole and not to any particular provision of this User Agreement; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used in this User Agreement, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
English Language Controls
Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.
Written Notice
If we send an email to the email address on record for your User Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. If you visit our Help Center, this constitutes Written Notice from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Business Day
A business day (“Business Day”) shall mean any day other than a Saturday, a Sunday, or day when federal banks located in the State of New York are closed for a legal holiday or by government directive.
Non-Waiver of Rights
This User Agreement shall not be construed to waive rights that cannot be waived under Applicable Laws and Regulations, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon your strict compliance with any term or provision of this User Agreement shall not be construed as a waiver for you to not comply with such term or provision.
Governing Law
This User Agreement, your use of Nexa360, your rights and obligations, and all actions contemplated by, arising out of, or related to this User Agreement shall be governed by the laws of the State of CALIFORNIA, as if this User Agreement is a contract wholly entered into and wholly performed within the State of New York. YOU AGREE THAT ALL ACTIVITIES, INCLUDING BUT NOT LIMITED TO CREATING, MANAGING, AND USING JOB DESCRIPTIONS ON NEXA360, AND ALL OTHER ACTIONS CONTEMPLATED BY THIS USER AGREEMENT, SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Dispute Resolution
You and Nexa360 agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or your relationship with ClarityOps LLC., — past, present, or future — shall be settled solely and exclusively by binding arbitration held in the county in which you reside, or another mutually agreeable location, including remotely by way of video conference administered by National Arbitration and Mediation ("NAM") and conducted in English, rather than in court. You and ClarityOps LLC., expressly agree that any dispute about the scope of this User Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You and ClarityOps LLC., expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You and ClarityOps LLC., agree to keep any arbitration strictly confidential.
You and ClarityOps LLC., agree that this arbitration provision applies not just to disputes between you and ClarityOps LLC., but also to (a) disputes with ClarityOps LLC., and any other party named or added as a co-defendant along with ClarityOps LLC., at any time, and (b) disputes in which a party is named as a defendant involving claim(s) arising from or related to this User Agreement or any other ClarityOps LLC., agreement or program terms, even if ClarityOps LLC., or Nexa360 are not named or added as a defendant. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision.
You and ClarityOps LLC., agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law.
You and ClarityOps LLC., agree that this arbitration provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall preempt all state laws to the fullest extent permitted by the law.
You and ClarityOps LLC., agree that good-faith, informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to ClarityOps LLC.,must be sent to support@clarityops.co (“Notice Address”). Any Dispute Notice to you by ClarityOps LLC., will be sent to the email address registered with your Nexa360 Account. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute, including any relevant facts regarding ClarityOps LLC., or your use of Nexa360; (c) an explanation of the specific relief sought, including the total damages sought, if any, and the basis for the damage calculations; (d) a signed statement from the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice; and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you authorizing ClarityOps LLC., to disclose your account details to your attorney if necessary in resolving your claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern your dispute and no other person’s dispute. And any Dispute Notice from ClarityOps LLC., must be individualized, meaning it can only concern you and no other person. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
If you and ClarityOps LLC., do not reach an agreement to resolve a claim within 60 days after a Demand Notice is received, you or ClarityOps LLC., may commence an arbitration proceeding; except that, if either you or ClarityOps LLC., send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.
Should any dispute proceed to arbitration, you and ClarityOps LLC., agree that any such arbitration shall be conducted in accordance with the prevailing NAM rules and procedures (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), with the following exceptions to the NAM Rules if in conflict:
The arbitration shall be conducted by one neutral arbitrator;
All pleadings submitted in arbitration are subject to the standards set forth in Federal Rule of Civil Procedure 11, which, among other things, permits sanctions to be imposed where pleadings are submitted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall apply the Apex Doctrine and preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.
Additionally, if, at any time, 25 or more similar demands for arbitration are asserted against either party or their related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:
NAM’s Mass Filing Rules shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Dispute Resolution section, to be part of a Mass Filing.
Any Mass Filing shall be subject to a bellwether proceeding intended to reach a fair and speedy resolution of all claims included in the Mass Filing. In any Mass Filing, NAM shall select 15 demands for arbitration to proceed (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filings may be filed, processed, or adjudicated, and no filing fees for such a demand for arbitration shall be due from either party to the administrator. Any applicable statute of limitations regarding such a demand for arbitration shall remain tolled beginning when the Mass Filing claimant first provided the other party with its Dispute Notice, as defined above.
Following the resolution of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Filing. The mediation shall be administered by NAM. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within 30 days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be administered by NAM on an individual basis pursuant to the NAM Rules.
You and ClarityOps LLC., agree to abide by all decisions and awards rendered in such proceedings and you and ClarityOps LLC., agree that such decisions and awards rendered by the arbitrator shall be final and conclusive, except for any appeal rights under the FAA.
To the extent you or ClarityOps LLC., seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof, or your relationship with ClarityOps LLC.,, you and ClarityOps LLC., agree that this User Agreement restricts you or ClarityOps LLC., from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you and ClarityOps LLC., agree that, to the extent either party breaches this User Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration, you or ClarityOps LLC., may assert claims, if they qualify, in small claims (or an equivalent) court in New York County or any United States county where you live. However, if the claims are transferred, removed, or appealed to a different court, they shall be subject to arbitration.
You and ClarityOps LLC.,agree that you or ClarityOps LLC., may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You and ClarityOps LLC., irrevocably and unconditionally agree to waive any objection that you or ClarityOps LLC., may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the federal or state courts located in the State of New York.
You and ClarityOps LLC., agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. In arbitration the parties waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN THE PARTIES AGREE THAT YOU AND CLARITYOPS LLC.,:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR THE SERVICES THAT CLARITYOPS LLC., PROVIDES OR ANY OTHER MATTER INVOLVING US HERETO, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You and ClarityOps LLC., agree to arbitrate solely on an individual basis, and agree and understand that this User Agreement does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Representative and Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis.
If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force. In any case in which (1) the dispute is filed as a class or representative action and (2) there is a final judicial determination that all or part of the Representative and Class Action Waiver is unenforceable, the class and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Representative and Class Action Waiver that is enforceable shall be enforced in arbitration. Additionally, if a court determines that a public injunctive relief claim may proceed notwithstanding the Representative and Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court after any individual claims are arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded in arbitration.
EVEN IF YOU AND CLARITYOPS LLC HAVE ENTERED INTO ANY OTHER AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP BETWEEN YOU AND CLARITYOPS LLC, EXCEPT AS PROVIDED BELOW. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS DISPUTE RESOLUTION CLAUSE OR THIS USER AGREEMENT, ALL DISPUTES ARISING FROM OR RELATING TO YOUR USE OF NEXA360 SHALL BE GOVERNED EXCLUSIVELY BY THIS ARBITRATION CLAUSE.
You agree that this section of this User Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this User Agreement shall be admissible in judicial or administrative proceedings.
Customers may contact Nexa360 Customer Support with any account inquiries at our Help Center; or by sending an email to support@clarityops.co. Please note that customers are encouraged to contact Nexa360 Customer Support at any time.
Complaints should be in writing:
Information that you should include in your written complaint:
Your name, address, email address, and telephone number.
Name of the institution the complaint is against, name of the branch office (if applicable), address, and telephone number.
Detailed description of the specific complaint against the institution, giving the dates involved, and the names of the people with whom you dealt.
Names, addresses, and telephone numbers of the persons you have dealt with who are important to your complaint.
Copies (not originals) of all pertinent documents, such as contracts, letters, receipts, and statements.
Description of the resolution you desire or would find acceptable.
Your signature and the date signed.
Questions, Feedback, and Complaints
If you have any questions, would like to provide feedback, or would like more information about Nexa360, please feel free to reach out or visit our Help Center.
If you would like to lodge a complaint, please contact our Customer Support Team using one of the following methods:
Contact our customer support team by visiting our Help Center
Write an email to Customer Support at: support@clarityops.co
Submissions to Nexa360
We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Nexa360 Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Nexa360 to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using Nexa360 can and may be read by us, regardless of whether we are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by employees and Nexa360 Service Providers that reasonably need such access.
Welcome to Nexa360!
Welcome to Nexa360, the flagship product proudly developed by ClarityOps LLC, dedicated to empowering organizations with unparalleled tools for crafting exceptional job descriptions. Our commitment to innovation and excellence drives us to deliver a seamless user experience, revolutionizing the hiring processes to reduce complexity. As you embark on your journey with Nexa360, rest assured that your satisfaction and security are paramount to us. This User Agreement outlines the terms of our partnership, ensuring clarity and transparency every step of the way. Thank you for choosing Nexa360 as your trusted ally in redefining recruitment strategies and unlocking untapped potential.
Nexa360, an AI-based Job Description management and creation application operated by and proprietary to ClarityOps LLC, a California company. By signing up for Nexa360 and opening an account, you agree to enter into this User Agreement (the “User Agreement”) by and between you and ClarityOps LLC, and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use Nexa360. Use of the words “we,” “us,” or “our” in this User Agreement refers to ClarityOps LLC and any or all of its affiliates.
Using our services
By signing up for Nexa360 and opening an account, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this User Agreement with ClarityOps LLC, and agree to be legally bound by the terms and conditions of this User Agreement in their entirety.
You agree and understand that by logging into your account or following any change to this User Agreement, your login or API Authentication, as applicable, shall constitute your agreement to the amended User Agreement with ClarityOps LLC, and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account following an amendment to this User Agreement, transactions that you or others have already undertaken, and benefits, such as trading fee discounts and rebates that you or others have earned, could be affected by the amended terms and conditions of this User Agreement. See, for example, the ‘Account Termination’ and ‘Account Remedies for Breach’ sections. You should, therefore, read this User Agreement from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this User Agreement, from time to time, as a condition of you accessing or using any Nexa360 Services (as defined below), logging into your account. If you do not agree to be bound by this User Agreement, you should not access or use any Nexa360 Services, login to your account. Should you disagree with this User Agreement (including any changes or amendments), please close your account in accordance with the Account Closure section.
Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to this User Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
Feel free to print and keep a copy of this User Agreement. Please understand that we reserve the right to change any of these terms and conditions at any time. Don’t worry, you can always find the latest version of this User Agreement here on this page.
Applicable Laws and Regulations
Your conduct on Nexa360 is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but not limited to:
1. California Consumer Privacy Act (CCPA): Ensures your rights to know, access, delete, and opt-out of the sale of personal information.
2. General Data Protection Regulation (GDPR): Provides data protection and privacy rights for individuals in the European Union.
3. Fair Employment and Housing Act (FEHA): Prohibits employment discrimination based on race, color, religion, sex, gender identity, and other protected characteristics.
4. Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
5. Americans with Disabilities Act (ADA): Ensures non-discriminatory practices in job descriptions and employment.
6. Unfair Competition Law (UCL): Prohibits unlawful, unfair, or fraudulent business acts or practices.
7. Consumer Legal Remedies Act (CLRA): Protects consumers against unfair and deceptive business practices.
8. Digital Millennium Copyright Act (DMCA): Addresses copyright infringement and includes provisions for service providers.
9. California Online Privacy Protection Act (CalOPPA): Requires disclosure of privacy policies on commercial websites and online services.
10. Children's Online Privacy Protection Act (COPPA): Governs the collection of personal information from children under 13.
11. California Cybersecurity Laws: - Includes various statutes addressing cybersecurity practices and breach notification requirements.
By using the Service, You unequivocally agree and understand that by signing up for Nexa360, opening an account, and using Nexa360 in any capacity, you agree to comply with and be legally bound by this User Agreement and all Applicable Laws and Regulations. For the avoidance of doubt, the receipt of all trading fee discounts and rebates, and the continued use of your account, are conditioned on your adherence to this User Agreement and all Applicable Laws and Regulations at all times. For any questions regarding compliance or legal obligations, please contact us at compliance@ClarityOps.co
Data Privacy and Security
We are committed to protecting your data. Detailed information about our data privacy and security measures is outlined in our Data Privacy and Security Policy. Highlights include:
Encryption: Data is encrypted both in transit and at rest.
Access Controls: Strict access controls to prevent unauthorized access.
Breach Notification: In the event of a data breach, we will notify affected users in compliance with applicable laws.
Digital Assets
As used herein, “Digital Asset” means any digital file or document created, stored, or managed within the Nexa360 platform. This includes, but is not limited to, job descriptions, templates, reports, and any other digital representations of value generated by the AI-based job description creation and management tools offered by Nexa360.
California Consumer Privacy Act (CCPA) Compliance
We comply with the California Consumer Privacy Act (CCPA). As a California resident, you have the following rights:
Right to Know: You can request information about the categories and specific pieces of personal data we have collected about you.
Right to Delete: You can request the deletion of personal data we have collected from you, subject to certain exceptions.
Right to Opt-Out: You can opt-out of the sale of your personal data.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
To exercise these rights, please contact us at compliance@clarityops.co
AI and Machine Learning
Nexa360 utilizes advanced AI and machine learning algorithms to create and manage job descriptions. The data processed by our AI includes user inputs and historical data to improve accuracy and relevancy.
Transparency: We strive to maintain transparency in how our AI processes your data.
User Control: You have control over your data and can manage your preferences through your account settings.
Ethical Use: Our AI systems are designed to operate ethically and in compliance with applicable laws and regulations.
Your Nexa360 Account
Account Opening
Only individuals or institutions that have opened an account (“Nexa360 Account”) are considered Nexa360 Customers (each, a “Nexa360 Customer”). A Nexa360 Account may be opened on behalf of an institution by a beneficial owner and/or designated representative of the said institution. By doing so, you warrant and agree that you are a beneficial owner and/or designated representative of the said institution. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your linked bank account, and to take any action we deem necessary based on the results. To the extent that you would like more information on adding another person to your account, please email compliance@clarityops.co
Account Types (Coming Soon….)
In order to access Nexa360, you must register and open a Nexa360 Account.
Access to your Nexa360 Account is limited solely to the individuals who have successfully registered and opened an associated User Account. You agree that you will not grant any person access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations.
Account Access
You are only permitted to access your Nexa360 Account by using your User Account login credentials and other required forms of authentication. You can either use the Google Sign-in or Registered email address with Nexa360 to login to your account. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with.
You agree that your User Account login credentials and any other required forms of authentication, where applicable, have been chosen by you. You also agree to keep your User Account login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Nexa360
Account and your User Account.
You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. You agree that we cannot be held liable for unauthorized access or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties.
You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that, we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account.
You agree and understand that you are responsible for monitoring your User Account and Nexa360 Account. If you notice any unauthorized or suspicious activity in your account.
If you notice any unauthorized or suspicious activity in your account, including but not limited to any JDs that you have not created or missing JDs created please email support@clarityops.co and notify us immediately.
Account Communication
You agree and understand that all communication with you will be via email. We will use the email address on record for your User Account as our primary means of communicating with you. You acknowledge and understand that this is the only authorized way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Nexa360 or ClarityOps LLC. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to Nexa360 until you provide and confirm a new and valid email address.
Account History
Your transaction history (“Transaction History”) is always available in Nexa360 application. We use commercially reasonable efforts to assure that the information contained in the notices we send you and your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
Any action listed in your Activity Log or other communication, including but not limited to, notifications sent to your email on record, shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive Written Notice (as defined herein) to the contrary within three business days from the date the communication was sent.
Account Review and Acknowledgment
It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility to visit our Help Center and notify us immediately. You understand that every communication sent to your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by you unless we have received Written Notice to the contrary within three calendar days from the date the communication was sent. We retain the right to make changes or adjustments to your Account as necessary and appropriate, and in our sole discretion, to comply with any Applicable Laws and Regulations or to ensure integrity.
Account Closure
You may close any of your account(s) at any time. You agree and understand that closing your Nexa360 account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open tasks and, in accordance with the provisions of this User Agreement, provide instructions on where to transfer any remaining data or documents associated with your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, legal and administrative fees or transfer costs of data or documents) associated with closing your account. If the costs of closing your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our compliance program.
Account Suspension
You agree and understand that we have the right to immediately (i) suspend your account and all accounts beneficially owned by you and any members of your household or for which you are a representative or authorized signatory and, in the case of entities, any affiliates (each, a “Related Account”), (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Nexa360, until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:
Any provision of this User Agreement;
Any Applicable Laws or Regulations;
Our Marketplace Conduct Rules,
at any time since the opening of such account or Related Account (each, a “Conduct Violation”).
You further agree and understand that we have the right to immediately (i) suspend your account and any Related Account, (ii) freeze/lock the funds and assets in all such accounts and seek to recover additional funds in the event that the funds and assets in your accounts are insufficient to cover Nexa360’s losses, and (iii) suspend your access to Nexa360 until a determination has been made, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account has not been renewed beyond the expiry date. ;
The account has a balance that needs to be reconciled for any reason;
Your payment was returned by your bank;
We believe someone is attempting to gain unauthorized access to the account;
We believe there is unusual activity in the account;
We believe your account was used to send or receive a ransomware payment;
We believe you are using Nexa360, your login credentials, or other account information in an unauthorized or inappropriate manner;
The account is being accessed from a jurisdiction where we do not offer Nexa360 Services; or
The account has not been accessed in two years or more.
If your account has been suspended, you will be notified when accessing Nexa360. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.
Account Investigations
You agree and understand that we have the right to immediately investigate your account and any Related Account, if we suspect, in our sole discretion, that you and/or any such account has committed a Conduct Violation or otherwise been engaged in Prohibited Use or suspicious activity.
You further agree and understand that we have the right to immediately investigate your account and any Related Account, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account is, or is related to any account that is, the property of a Sanctioned Person;
The account was used to facilitate a ransomware payment;
The account has not been accessed in two years or more.
We may, in our sole discretion, give Written Notice that your account is the subject of an investigation and may, in our sole discretion, share the general nature of the investigation, if permitted to do so by law.
If we suspect that an account has committed a Conduct Violation that pertains to our Marketplace Conduct Rules, we will give Written Notice and share the general nature of the allegations as well as the specific provisions of our Marketplace Conduct Rules that appear to have been violated. You will have the right to submit, within seven calendar days from the date of notification, a written statement explaining why no disciplinary action should be taken.
You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement, nor refuse to comply with any request made pursuant to this User Agreement. Following the conclusion of an investigation, we will make, at our sole discretion, a determination based upon the weight of the evidence.
To ensure a fair, transparent, and efficient environment for all users, we have established the following Conduct Rules. By signing up and using the Nexa360 app, you agree to comply with these rules.
User Responsibilities
Accuracy of Information: Users must provide accurate and up-to-date information in their profiles and any job descriptions or related content created using the Nexa360 app. Misrepresentation or falsification of information is strictly prohibited.
Compliance with Laws: Users must comply with all applicable local, state, and federal laws and regulations while using the Nexa360 app. This includes, but is not limited to, employment laws, data protection regulations, and intellectual property laws.
Respectful Communication: Users must engage in respectful and professional communication with other users. Harassment, discrimination, abusive language, or any form of misconduct will not be tolerated.
Prohibited Content: Users are prohibited from creating, sharing, or distributing any content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable. This includes content that infringes on the intellectual property rights of others.
Data Privacy and Security: Users must safeguard the privacy and security of personal data. Sharing sensitive personal information without proper authorization is prohibited. Users must also adhere to Nexa360’s data privacy policies and terms of service.
Conduct
Fair Use: Users must use the Nexa360 app fairly and reasonably, without causing harm or disruption to the app or its services. Any attempt to exploit or abuse the app’s functionalities is prohibited.
Prohibited Activities: Users must not engage in activities that could harm the integrity of the Nexa360 marketplace, including, but not limited to:
Manipulating or interfering with the app’s AI algorithms or job description generation process.
Engaging in fraudulent activities or creating fake accounts.
Attempting to gain unauthorized access to other users’ accounts or data.
Evaluation Criteria: When evaluating user activities, Nexa360 may consider factors such as:
Whether the user’s intent was to mislead others or manipulate job descriptions.
The impact on other users and the overall marketplace.
The user’s historical pattern of activity on the platform.
The frequency and nature of content creation and modification activities.
The size and scope of user-generated content relative to market conditions.
The duration and exposure of content within the marketplace.
The effect of user actions on the visibility and accessibility of other users’ content.
Reporting Violations: Users are encouraged to report any violations of these Marketplace Conduct Rules to Nexa360’s support team. Nexa360 will investigate and take appropriate action, which may include account suspension or termination.
Account Management
Account Suspension and Termination: Nexa360 reserves the right to suspend or terminate user accounts for violations of these Marketplace Conduct Rules or any other terms of service. Suspended or terminated accounts may result in the loss of access to data and services.
User Cooperation: Users must cooperate with Nexa360 during any investigation of potential violations. Failure to cooperate may result in account suspension or termination.
Changes to the Rules
Nexa360 reserves the right to update or modify these Conduct Rules at any time. Users will be notified of any significant changes, and continued use of the app constitutes acceptance of the updated rules.
Contact Us
If you have any questions or concerns regarding these Conduct Rules, please contact Nexa360’s support team at support@clarityops.co
By using the Nexa360 app, you acknowledge that you have read, understood, and agree to abide by these Conduct Rules.
Account Remedies for Breach
You agree and understand that if you, your account, or any associated account (hereinafter referred to as a "Related Account") is determined, in our sole discretion, to have committed a breach of our conduct rules, ClarityOps LLC has the right to take the following actions:
Reversal of Benefits: We may debit from your account or any Related Account (i) the value of any discounts or benefits that you or the holder of a Related Account has received in connection with this User Agreement at any time within one year preceding the date on which we become aware of the breach, and (ii) any other damages suffered by Nexa360 as a result of the breach.
Freeze/Lock/Seize Access: We have the right to freeze, lock, or seize your access to the Nexa360 application and any associated services where your breach has impacted the integrity or functionality of our services. This may include suspension of your ability to access existing JDs, create new JDs or manage job descriptions.
Joint and Several Liability: If we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other user to commit a breach, you and that user will be jointly and severally liable for the entire value of any damages to which we are entitled under this subsection. Any such amounts may be debited, in our sole discretion, from your account or that user’s account, or in each case, any Related Account.
Offsetting Negative Balances: You agree and understand that we have the right to offset:
(i) Negative balances in your account by charging the necessary amount to cover the negative balance.
(ii) Any and all debts owed to Nexa360 through the offset of balances of your account or any Related Account.
Suspension of Services: In the event of a breach, we reserve the right to suspend your access to Nexa360 services until a determination has been made regarding the breach. This includes suspending your ability to create, modify, or manage job descriptions.
Termination of Account: We reserve the right to terminate your account or any Related Account if the breach is severe and/or repeated, causing significant harm to Nexa360’s operations or reputation.
If you disagree with any determination made or remedy exercised under this subsection, you may bring an arbitration action pursuant to the 'Dispute Resolution' section of this User Agreement.
By using Nexa360, you acknowledge and agree to comply with these terms regarding account remedies for breaches.
Account Termination
You agree and understand that we have the right to terminate your access to Nexa360 and any account at any time and for any reason, including for violation of this User Agreement or applicable law. If we do so, your rights and obligations under this User Agreement will continue. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or applicable laws and regulations.
If your account is terminated, we will return any remaining funds, less the value of any discounts, rebates, debts owed to Nexa360, offsets, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any discounts, rebates, debts owed to Nexa360, offsets, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law.
Subject to any rights Nexa360 may have against the balance of your account, if there is a balance remaining, you agree to provide us with a valid bank account or digital payment address within thirty calendar days upon receiving written notice, so that we can return the remaining balance to you. By using Nexa360, you acknowledge and agree to comply with these terms regarding account termination.
Legal Process
You agree and understand that we, as well as our affiliates, service providers, their respective officers, directors, agents, joint venturers, employees and representatives (collectively, the “Nexa360 Service Providers”), may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which any of us reasonably and in good faith believe to be valid. We and any Nexa360 Service Provider may, but are not required to, notify you of such process by electronic communication. We and any Nexa360 Service Provider may charge you for associated costs, in addition to any legal process fees. You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, or damages associated with our compliance with any process that any of us reasonably believe in good faith to be valid. You further agree that we and any Nexa360 Service Provider may honor any legal process, regardless of the method or location of service.
Right of Offset
You agree and understand that ClarityOps LLC reserves the right to offset any outstanding balances or amounts owed by you against any funds or payments due to you. This includes, but is not limited to, fees, costs, expenses, or other obligations incurred through your use of our services. In the event of a dispute regarding any amounts owed, ClarityOps LLC may, at its sole discretion, withhold the disputed amount until the issue is resolved. By using Nexa360, you authorize us to take any necessary actions to recover amounts owed, including but not limited to, debiting your account or seeking reimbursement through other legal means.
Patriot Act Notification
Please note that Section 326 of the USA PATRIOT Act requires institutions, including non-financial organizations, to obtain, verify, and record information that identifies each person who creates an account. This federal requirement applies to all new users of Nexa360. This information helps the United States government in its efforts to combat the funding of terrorism and money-laundering activities.
What this means to you: When you open an account on Nexa360, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to verify your identity. This process ensures the integrity and security of our platform while complying with federal regulations.
Sanctions Programs
Pursuant to the economic sanctions programs administered in the countries where we conduct business, including, but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required, in accordance with an OFAC sanctions program, other applicable government sanctions programs, or our policies designed to comply with these sanctions programs, we may: (i) suspend your account; (ii) terminate your account; (iii) restrict your account; (iv) return funds to the destination of their origin or to an account specified by authorities; (v) block funds in your account that are the property of a Sanctioned Person (defined in the ‘Export Controls’ section below), or (vi) require you withdraw funds from your account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law and Regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Prohibited Activity
ClarityOps LLC does not permit the use of the platform for any prohibited activity in a Nexa360 Account, including but not limited to: use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, assist in violation of, or cause Nexa360 to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”).
You agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the assets in all such accounts, and (iii) suspend your access to Nexa360, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity policy.
ClarityOps
ClarityOps specializes in enhancing business operations through innovative solutions, helping companies streamline their processes to achieve better, faster, and smarter outcomes. By leveraging data-driven insights, ClarityOps empowers organizations to make informed decisions that enhance their competitiveness and operational efficiency.
Core Services
Operational Efficiency: ClarityOps focuses on improving the planning, organization, and execution of business operations. Their services are designed to ensure that businesses can operate smoothly and effectively, minimizing downtime and maximizing productivity.
Data-Driven Decision Making: Through advanced analytics and data insights, ClarityOps provides businesses with the information they need to make strategic decisions. This helps companies stay ahead of the competition by making informed choices based on real-time data.
Continuous Innovation: ClarityOps emphasizes the importance of continuous improvement and innovation in business operations. They assist organizations in adapting to changing market conditions and evolving business needs, ensuring sustained growth and success.
Key Benefits
Enhanced Clarity and Efficiency: By clearly defining roles and responsibilities within an organization, ClarityOps helps eliminate confusion and overlap, leading to more efficient workflows.
Improved Team Collaboration: ClarityOps employs strategies that enhance team collaboration, ensuring that all team members are aligned and working towards common goals.
Flexibility in Operations: Recognizing the importance of adaptability, ClarityOps helps businesses incorporate flexibility into their operations, making them more resilient and responsive to changes.
Approach and Philosophy
ClarityOps adopts a client-centric approach, tailoring their solutions to meet the specific needs of each business. They believe in the power of clarity in roles and responsibilities, continuous learning, and the importance of diversity and inclusion in the workplace. These principles are central to their philosophy and guide their strategies for helping businesses succeed.
Disrepute Upon You or Nexa360
Neither you nor any related party may access Nexa360 in any way which could be expected to bring disrepute upon you or Nexa360
Acts Detrimental to Nexa360
It is a violation of this User Agreement to engage in any act detrimental to Nexa360, including any conduct that is inconsistent with principles established by relevant regulatory and advisory bodies. Abusive practices, including without limitation, disruptive, deceptive, manipulative, noncompetitive, or unfair actions are strictly prohibited.
Specifically, the following acts apply to users of Nexa360:
Fraudulent Activities: Any attempt to deceive or manipulate the platform, its users, or the data within it is strictly prohibited. This includes falsifying information, impersonating others, or engaging in any form of deceptive behavior, as outlined by the Federal Trade Commission (FTC), which protects consumers and promotes competition by preventing anticompetitive, deceptive, and unfair business practices.
Manipulation of Data: Users must not manipulate or tamper with data within Nexa360 in a way that distorts its accuracy or misrepresents information. This includes artificially inflating metrics, suppressing relevant data, or engaging in any form of data manipulation. The National Institute of Standards and Technology (NIST) provides guidelines and standards for technology and cybersecurity that help ensure compliance and prevent such disputes.
Unfair Competition: Practices that unfairly disadvantage other users or entities within Nexa360 are strictly prohibited. This includes actions such as sabotaging competitors, engaging in price-fixing, or any other form of anti-competitive behavior, which can be addressed through platforms like the Better Business Bureau (BBB) and the American Arbitration Association (AAA) that help resolve disputes through mediation and arbitration.
Violations of these standards will result in appropriate action, which may include suspension or termination of access to Nexa360.
Non Supervision
You shall be responsible for establishing, maintaining, and administering reasonable, written supervisory procedures to ensure that you and any related parties comply with all Applicable Laws and Regulations. You may be held accountable for the actions of a related party. In addition, you shall be responsible for supervising related parties and may be held accountable for the actions of such related parties.
Disruptive Practices
Neither you nor any related party shall engage in any practices or conduct on Nexa360 that:
Demonstrates intentional or reckless disregard for the orderly creation and management of job descriptions; or
Is, is of the character of, or is commonly known as spamming (repeatedly submitting irrelevant or inappropriate content with the intent to disrupt the system).
All job descriptions and management actions must be executed with bona fide intentions. Additionally, all non-actionable messages must be placed in good faith for legitimate purposes.
You shall not submit or cause to be submitted a job description or management action with the intent, at the time of entry, to cancel or modify it before it has been reviewed or used.
You shall not submit or cause to be submitted any message or content with the intent to mislead other users.
You shall not submit or cause to be submitted any message or content with the intent to overload, delay, or disrupt the systems of Nexa360 or other users.
You shall not submit or cause to be submitted any message or content with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of job description creation and management.
Intimidation/Coordination
Neither you nor any related party shall:
Coordinate job description content or management actions with any other user or any other person;
Direct or request another user to alter a job description or its content; or
Engage, directly or indirectly, in any conduct that threatens, harasses, coerces, intimidates, or otherwise attempts improperly to influence another user or any other person.
This includes, but is not limited to, any attempt to influence a user or person to adjust or maintain a job description or its content on Nexa360 or any related platform, or any refusal to collaborate or any other conduct that retaliates against or discourages the competitive activities of another user or person.
Nothing in this Marketplace Conduct Rule with respect to the coordination of job descriptions or management actions shall be deemed to limit, constrain, or otherwise inhibit the freedom of you or any related party to unilaterally:
(i) Set your own job description parameters,
(ii) Determine the content of your job descriptions, and
(iii) Decide the scope and requirements of the job descriptions you manage, provided that such conduct is otherwise in compliance with all Applicable Laws and Regulations.
These provisions apply to the entire Nexa360 platform at all times.
Data Security and Insurance
We maintain commercial crime and cybersecurity insurance for the data we custody on your behalf in our online systems and Nexa360's servers. Our insurance policy is made available through a combination of third-party insurance underwriters.
Our policy insures against the theft of data from our systems that results from a direct security breach or hack of Nexa360's systems, a fraudulent transfer initiated by Nexa360, or theft by a Nexa360 employee.
Our policy does not cover any losses resulting from any unauthorized access to your User Account. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account. Please see the 'Account Access' section for more information.
Disclaimer
By using Nexa360, you agree and understand that we and/or any Nexa360 Service Provider are not responsible for any non-Nexa360 Customer's use of the Nexa360 platform or for any third party that interacts with Nexa360. You also agree and understand that you will not involve us and/or any Nexa360 Service Provider in any dispute involving a non-Nexa360 Customer or a third party that interacts with Nexa360.
You further agree and understand that we and/or any Nexa360 Service Provider are not responsible for your use (or misuse) of Nexa360 and that you will not involve us and/or any Nexa360 Service Provider in any dispute involving your use (or misuse) of Nexa360.
In any event, you hereby agree to indemnify us and/or any Nexa360 Service Provider for any and all costs, including legal costs, which are reasonably incurred by us and/or any Nexa360 Service Provider and related to any such disputes.
Questions, Feedback, and Complaints
If you have questions, feedback, and complaints please see the ‘Questions, Feedback, and Complaints’ section of this User Agreement. If you are located in the State of New York, please refer to the ‘New York User Complaints’ section. If you are located in the State of Oregon, please refer to the ‘Oregon User Complaints’ section. If you are located in the State of Texas, please refer to the ‘Texas User Complaints’ section.
Referral Program
Any referral program or other referral promotions offered by Nexa360 and ClarityOps LLC will be contained on the Nexa360 page.
Privacy of Information
You agree that the information contained in your User Account and Nexa360 Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. We agree that we will keep such information confidential, subject to the following paragraph.
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Nexa360’s Privacy Policy, which is incorporated into this User Agreement by reference.
Recording and Recordkeeping
You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your User Account, Nexa360 Account, and use of Nexa360.
General Use
Code of Conduct
We work hard to make Nexa360 safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of our Code of Conduct and this User Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will terminate your account.
Proprietary Rights and Limitations on Use
Nexa360 is our proprietary platform. Nexa360 is protected by copyright and other intellectual property laws.you agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Nexa360 source code or similar proprietary or confidential data or other similar information provided via Nexa360, without our express prior written consent. You may not use Nexa360 for any unlawful purpose.
We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Nexa360 and other informational content through Nexa360 in accordance with our API Agreement, and this User Agreement. All other uses are prohibited. All rights in and to Nexa360, and not granted herein, are reserved.
Nexa360 and the Nexa360 logo (whether registered or unregistered) (the “Nexa360 Marks”) are proprietary marks licensed to ClarityOps LLC and are protected by applicable trademark laws. Nothing contained in this User Agreement should be construed as granting any license or right to use any of the Nexa360 Marks without our express written consent. Any unauthorized use of the Nexa360 Marks is strictly prohibited.
Additionally, you may not use any of the Nexa360 Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products or services (e.g., software, applications, platforms, or any other commercial offerings) without a separate written agreement with us. This includes any use where the price, return, and/or performance of a product or service is based on, derived from, or related to Nexa360 or any portion thereof.
We may also use technology that is the subject of one or more pending patent applications.
Service Modifications
You agree and understand that we may modify part of or all of Nexa360 without notice.
Downtime and Maintenance
You agree and understand that part of or all of Nexa360 may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”).
You agree and understand that Nexa360 is not liable or responsible for any inconvenience or damage resulting from Downtime. Following Downtime, when services resume, you understand that conditions and data may differ significantly from those prior to such Downtime.
Risks
Please note the following risks in accessing or using Nexa360:
Data Integrity and Loss Risks: The risk of data loss or corruption may be substantial, and losses may occur over a short period of time.
Service Availability Risks: The availability and performance of Nexa360 may be subject to large fluctuations due to maintenance, technical issues, or other factors.
Regulatory Risks: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, and storage of data within Nexa360.
Unregulated Status: In your jurisdiction, Nexa360 may not be regulated as a technology service provider.
Insurance Limitations: Data and transactions within your Nexa360 Account are not subject to insurance protection, including, but not limited to, deposit insurance or other regulatory protections.
Data Recovery Risks: Transactions and changes within Nexa360 may be irreversible, and losses due to fraudulent or accidental modifications may not be recoverable.
Cybersecurity Risks: The nature of digital platforms may lead to an increased risk of fraud or cyber attack, and technological difficulties experienced by Nexa360 may prevent access to or use of your data.
Third-Party Interaction Risks: Interactions with third-party services or integrations may pose additional risks, including security vulnerabilities and compliance issues.
Market Condition Risks: Conditions and data within Nexa360 may differ significantly after periods of Downtime, impacting the accuracy and usability of the platform.
User Responsibility: You are solely responsible for managing and maintaining the security of your User Account login credentials and any other required forms of authentication.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Nexa360 does not give advice or recommendations regarding the use of its platform. You agree and understand that you access and use Nexa360 at your own risk; however, this brief statement does not disclose all of the risks associated with using Nexa360. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and business needs. You should be aware that you may sustain a total loss of data or access to Nexa360 services under certain conditions.
Third-Party Websites
Nexa360 may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Nexa360 has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Nexa360 is providing these links or/and information from these websites to you only as a convenience.
Third-Party Service Providers
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Third-Party Information Accuracy and Usage
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage, the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Accessing Nexa360
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Nexa360 or any Nexa360 Service Provider under any circumstances, or perform any functions that are not authorized by this User Agreement. You should never access Nexa360 from an unsecured or public computer and/or network for your own safety.
Press Guidelines
We encourage and hereby authorize press and media to refer to Nexa360, provided that any reference is accompanied by:
Attribution to Nexa360, and
A hyperlink to Nexa360.ai, when possible.
For all press and media inquiries, please email Compliance@clarityops.co
Prohibited Use
Sanctions and Export Controls
By using Nexa360.ai, you agree to comply with all applicable U.S. and international sanctions and export control laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce.
Prohibited Uses:
You may not use Nexa360.ai to engage in any transactions or activities with individuals, entities, or countries that are subject to U.S. sanctions, including those listed on the OFAC Specially Designated Nationals (SDN) List or other restricted party lists.
You may not export, re-export, or transfer any part of Nexa360.ai to any destination, person, entity, or end-user prohibited by U.S. or international export control laws without obtaining any required export license or other governmental approval.
User Responsibilities:
It is your responsibility to ensure that your use of Nexa360.ai complies with all applicable sanctions and export control laws and regulations.
You are responsible for conducting due diligence to ensure that your activities do not violate any sanctions or export controls, including verifying that no prohibited parties are involved in your transactions.
Reporting and Compliance:
Nexa360.ai reserves the right to monitor compliance with these requirements and may take necessary action, including terminating access to our services, for any user found to be in violation of applicable sanctions and export control laws.
If you become aware of any potential violations, you must immediately report them to Nexa360.ai at compliance@nexa360.ai.
Legal Consequences:
Violations of sanctions and export control laws can result in severe penalties, including substantial fines and criminal charges. Nexa360.ai will cooperate with relevant authorities in investigating and addressing any such violations.
By using Nexa360.ai, you acknowledge that you have read, understood, and agree to comply with this "Sanctions and Export Controls" section and all applicable laws and regulations.
For any questions or further information regarding compliance, please contact us at compliance@clarityops.co
General Provisions
You agree and understand that you are legally bound by the terms and conditions set forth in this User Agreement, which governs your use of Nexa360 and the services we provide. By clicking “I AGREE” during the account creation process, you acknowledge and accept that you are legally bound by the terms and conditions of this User Agreement and confirm that you have received the disclosures provided herein. If you do not agree to be legally bound by these terms and conditions, do not click “I AGREE” and please refrain from visiting, accessing, or using Nexa360 in any capacity or manner. Whether or not you click “I AGREE,” by signing up for an account and using Nexa360 in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this User Agreement (including any changes or amendments) in their entirety.
Disclaimer of Warranties
You expressly understand and agree that your use of Nexa360 and any services provided by ClarityOps LLC through Nexa360 is at your sole risk. Nexa360 and all related services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, ClarityOps LLC, its subsidiaries, affiliates, and licensors do not warrant that:
The services will meet your requirements;
The services will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from the use of the services will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations; and
Any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from ClarityOps LLC or through or from the services shall create any warranty not expressly stated in this User Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any jurisdiction does not allow the exclusion of certain warranties, the scope and duration of such warranty shall be the minimum permitted under applicable law.
Disclaimer of Liability
To the fullest extent permitted by applicable law, ClarityOps LLC, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
The use or the inability to use Nexa360 and any related services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into, through or from Nexa360;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on Nexa360;
Any other matter relating to Nexa360 or the services provided.
You expressly understand and agree that ClarityOps LLC shall not be liable for any damages arising from the interruption, suspension, or termination of Nexa360 services, including but not limited to direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
In no event shall ClarityOps LLC’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using Nexa360 and the services during the twelve (12) months immediately preceding the date of the claim or one hundred U.S. dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination or expiration of this User Agreement or your use of Nexa360 and the services provided.
By using Nexa360, you agree to the terms and conditions set forth in this Disclaimer of Liability. If you do not agree, please do not access or use Nexa360.
Reasonable Care
We agree to exercise reasonable care and use commercially reasonable efforts in fulfilling our responsibilities to you as outlined in this User Agreement, or to a higher standard of care where required by law or as specified in this User Agreement.
You acknowledge that we cannot be held responsible for any failure or delay to act by any Nexa360 Service Provider, including our partners or other participants, within the time limits permitted by this User Agreement or prescribed by law, or for delays caused by your negligence.
Furthermore, you agree that neither we nor any Nexa360 Service Provider can be held liable for any erroneous actions or system failures, defined as failures of any computer hardware or software used by Nexa360, a service provider, or any telecommunications lines or devices used by Nexa360 or a service provider, as well as downtime, which prevents us from fulfilling our obligations under this User Agreement. This exclusion of liability applies provided that we or the relevant service provider used commercially reasonable efforts to prevent or limit such errors, failures, or downtime. Additionally, you agree that neither we nor any Nexa360 Service Provider can be held responsible for any other circumstances beyond our or the service provider's reasonable control.
You also agree and understand that any act or omission made by us or any Nexa360 Service Provider in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in New York, or any rule or regulation of the State of New York, the New York State Department of Financial Services, or a federal agency having jurisdiction over such party, shall constitute reasonable care and be commercially reasonable.
We strive to provide you with a reliable and secure platform, which includes our services. However, interruptions, errors, or other service deficiencies may occur due to a variety of factors, some of which are beyond our control. These factors can contribute to delays, errors in service, or system outages, and you may experience difficulties in accessing your Nexa360 Account, managing your job descriptions, or using other features of the platform.
Force Majeure
You agree and understand that in no event shall we or any Nexa360 Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Nexa360 Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
Indemnities
In no event shall we or any Nexa360 Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this User Agreement or your use or attempted use of Nexa360. You agree to indemnify and hold us and all Nexa360 Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Nexa360, or our and any Nexa360 Service Providers’ performance or nonperformance of duties to you.
If you are a California resident, you waive California Civil Code Section 1542, which states:
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Legal Costs
You agree to indemnify us and any Nexa360 Service Provider for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of Nexa360. As a result, we will be entitled to charge your Nexa360 Account for such costs without notice, including legal and enforcement related costs that we incur.
Entire Agreement
This User Agreement, our Privacy Policy, our API Agreement, Custody Agreement, and our Market Data Agreement, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and ClarityOps LLC as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us. By your acceptance of this Agreement, you acknowledge that you have read, understand, and agree to the Authorization Agreement, and any modifications thereof, as of the time you accept this Agreement.
Separately Negotiated Arrangements
From time to time, we may, subject to applicable laws and regulations and as determined by us in our sole discretion, enter into separately negotiated arrangements with certain Nexa360 Customers pursuant to a confidential side letter or similar agreement that supplements certain of the economic or other terms of this User Agreement. These arrangements apply solely to that Nexa360 Customer’s relationship with and use of Nexa360 and may involve, among other matters:
Different incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments;
The ability to receive additional or customized market information not generally available to other Nexa360 Customers (subject to the terms of the Nexa360 API Agreement);
Preferred access to Nexa360 Customer service resources;
An agreement to permit representatives of such Nexa360 Customer to serve on any customer representative bodies or advisory committees that we may form;
An agreement to provide such Nexa360 Customer with incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments, in connection with their creation, holding, and/or use of Nexa360 services.
Any such separately negotiated arrangements will be entered into based on factors or considerations determined by us to be relevant in our sole discretion. Arrangements or terms offered to one Nexa360 Customer generally are not available to all, or even any, other Nexa360 Customers. Examples of factors we may consider in deciding whether to negotiate customized terms via a confidential side letter or similar agreement include, but are not limited to:
Whether a Nexa360 Customer plans to or is expected to conduct a significant or high volume of activity on our platform;
Whether a Nexa360 Customer is subject to specific and unique legal, tax, or regulatory obligations or requirements.
You agree and understand that you, nor any other Nexa360 Customer, shall have any right or legal recourse against us or any Nexa360 Customer that receives additional or different rights or terms as a result of a separately negotiated arrangement. You further agree and understand that the validity or enforceability of the terms and conditions of this User Agreement entered into by and between you and ClarityOps LLC shall not be affected by the existence or the terms and conditions of any separately negotiated arrangement with any Nexa360 Customer.
Assignment
This User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Relationship of the Parties
You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
Injunctive Relief
You agree and understand that your obligations and the obligations of each user set forth in this User Agreement are necessary and reasonable in order to protect us and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this User Agreement. Accordingly, you agree and understand that any such violation or threatened violation shall cause irreparable injury to the us and that, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to obtain injunctive relief against any threatened breach of this User Agreement or your continuation of any such breach, without the necessity of proving actual damages.
Severability
You agree and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
Change of Control
In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival
You agree and understand that all provisions of this User Agreement, which by their nature extend beyond the termination or expiration of this User Agreement, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of Nexa360, disputes with us, and general provisions, shall survive the termination or expiration of this User Agreement.
Miscellaneous
Section headings in this User Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this User Agreement. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” and words of similar import, when used in this User Agreement, shall refer to this User Agreement as a whole and not to any particular provision of this User Agreement; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used in this User Agreement, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
English Language Controls
Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.
Written Notice
If we send an email to the email address on record for your User Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. If you visit our Help Center, this constitutes Written Notice from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Business Day
A business day (“Business Day”) shall mean any day other than a Saturday, a Sunday, or day when federal banks located in the State of New York are closed for a legal holiday or by government directive.
Non-Waiver of Rights
This User Agreement shall not be construed to waive rights that cannot be waived under Applicable Laws and Regulations, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon your strict compliance with any term or provision of this User Agreement shall not be construed as a waiver for you to not comply with such term or provision.
Governing Law
This User Agreement, your use of Nexa360, your rights and obligations, and all actions contemplated by, arising out of, or related to this User Agreement shall be governed by the laws of the State of CALIFORNIA, as if this User Agreement is a contract wholly entered into and wholly performed within the State of New York. YOU AGREE THAT ALL ACTIVITIES, INCLUDING BUT NOT LIMITED TO CREATING, MANAGING, AND USING JOB DESCRIPTIONS ON NEXA360, AND ALL OTHER ACTIONS CONTEMPLATED BY THIS USER AGREEMENT, SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Dispute Resolution
You and Nexa360 agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or your relationship with ClarityOps LLC., — past, present, or future — shall be settled solely and exclusively by binding arbitration held in the county in which you reside, or another mutually agreeable location, including remotely by way of video conference administered by National Arbitration and Mediation ("NAM") and conducted in English, rather than in court. You and ClarityOps LLC., expressly agree that any dispute about the scope of this User Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You and ClarityOps LLC., expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You and ClarityOps LLC., agree to keep any arbitration strictly confidential.
You and ClarityOps LLC., agree that this arbitration provision applies not just to disputes between you and ClarityOps LLC., but also to (a) disputes with ClarityOps LLC., and any other party named or added as a co-defendant along with ClarityOps LLC., at any time, and (b) disputes in which a party is named as a defendant involving claim(s) arising from or related to this User Agreement or any other ClarityOps LLC., agreement or program terms, even if ClarityOps LLC., or Nexa360 are not named or added as a defendant. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision.
You and ClarityOps LLC., agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law.
You and ClarityOps LLC., agree that this arbitration provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall preempt all state laws to the fullest extent permitted by the law.
You and ClarityOps LLC., agree that good-faith, informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to ClarityOps LLC.,must be sent to support@clarityops.co (“Notice Address”). Any Dispute Notice to you by ClarityOps LLC., will be sent to the email address registered with your Nexa360 Account. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute, including any relevant facts regarding ClarityOps LLC., or your use of Nexa360; (c) an explanation of the specific relief sought, including the total damages sought, if any, and the basis for the damage calculations; (d) a signed statement from the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice; and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you authorizing ClarityOps LLC., to disclose your account details to your attorney if necessary in resolving your claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern your dispute and no other person’s dispute. And any Dispute Notice from ClarityOps LLC., must be individualized, meaning it can only concern you and no other person. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
If you and ClarityOps LLC., do not reach an agreement to resolve a claim within 60 days after a Demand Notice is received, you or ClarityOps LLC., may commence an arbitration proceeding; except that, if either you or ClarityOps LLC., send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.
Should any dispute proceed to arbitration, you and ClarityOps LLC., agree that any such arbitration shall be conducted in accordance with the prevailing NAM rules and procedures (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), with the following exceptions to the NAM Rules if in conflict:
The arbitration shall be conducted by one neutral arbitrator;
All pleadings submitted in arbitration are subject to the standards set forth in Federal Rule of Civil Procedure 11, which, among other things, permits sanctions to be imposed where pleadings are submitted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall apply the Apex Doctrine and preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.
Additionally, if, at any time, 25 or more similar demands for arbitration are asserted against either party or their related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:
NAM’s Mass Filing Rules shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Dispute Resolution section, to be part of a Mass Filing.
Any Mass Filing shall be subject to a bellwether proceeding intended to reach a fair and speedy resolution of all claims included in the Mass Filing. In any Mass Filing, NAM shall select 15 demands for arbitration to proceed (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filings may be filed, processed, or adjudicated, and no filing fees for such a demand for arbitration shall be due from either party to the administrator. Any applicable statute of limitations regarding such a demand for arbitration shall remain tolled beginning when the Mass Filing claimant first provided the other party with its Dispute Notice, as defined above.
Following the resolution of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Filing. The mediation shall be administered by NAM. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within 30 days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be administered by NAM on an individual basis pursuant to the NAM Rules.
You and ClarityOps LLC., agree to abide by all decisions and awards rendered in such proceedings and you and ClarityOps LLC., agree that such decisions and awards rendered by the arbitrator shall be final and conclusive, except for any appeal rights under the FAA.
To the extent you or ClarityOps LLC., seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof, or your relationship with ClarityOps LLC.,, you and ClarityOps LLC., agree that this User Agreement restricts you or ClarityOps LLC., from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you and ClarityOps LLC., agree that, to the extent either party breaches this User Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration, you or ClarityOps LLC., may assert claims, if they qualify, in small claims (or an equivalent) court in New York County or any United States county where you live. However, if the claims are transferred, removed, or appealed to a different court, they shall be subject to arbitration.
You and ClarityOps LLC.,agree that you or ClarityOps LLC., may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You and ClarityOps LLC., irrevocably and unconditionally agree to waive any objection that you or ClarityOps LLC., may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the federal or state courts located in the State of New York.
You and ClarityOps LLC., agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. In arbitration the parties waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN THE PARTIES AGREE THAT YOU AND CLARITYOPS LLC.,:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR THE SERVICES THAT CLARITYOPS LLC., PROVIDES OR ANY OTHER MATTER INVOLVING US HERETO, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You and ClarityOps LLC., agree to arbitrate solely on an individual basis, and agree and understand that this User Agreement does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Representative and Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis.
If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force. In any case in which (1) the dispute is filed as a class or representative action and (2) there is a final judicial determination that all or part of the Representative and Class Action Waiver is unenforceable, the class and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Representative and Class Action Waiver that is enforceable shall be enforced in arbitration. Additionally, if a court determines that a public injunctive relief claim may proceed notwithstanding the Representative and Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court after any individual claims are arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded in arbitration.
EVEN IF YOU AND CLARITYOPS LLC HAVE ENTERED INTO ANY OTHER AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP BETWEEN YOU AND CLARITYOPS LLC, EXCEPT AS PROVIDED BELOW. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS DISPUTE RESOLUTION CLAUSE OR THIS USER AGREEMENT, ALL DISPUTES ARISING FROM OR RELATING TO YOUR USE OF NEXA360 SHALL BE GOVERNED EXCLUSIVELY BY THIS ARBITRATION CLAUSE.
You agree that this section of this User Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this User Agreement shall be admissible in judicial or administrative proceedings.
Customers may contact Nexa360 Customer Support with any account inquiries at our Help Center; or by sending an email to support@clarityops.co. Please note that customers are encouraged to contact Nexa360 Customer Support at any time.
Complaints should be in writing:
Information that you should include in your written complaint:
Your name, address, email address, and telephone number.
Name of the institution the complaint is against, name of the branch office (if applicable), address, and telephone number.
Detailed description of the specific complaint against the institution, giving the dates involved, and the names of the people with whom you dealt.
Names, addresses, and telephone numbers of the persons you have dealt with who are important to your complaint.
Copies (not originals) of all pertinent documents, such as contracts, letters, receipts, and statements.
Description of the resolution you desire or would find acceptable.
Your signature and the date signed.
Questions, Feedback, and Complaints
If you have any questions, would like to provide feedback, or would like more information about Nexa360, please feel free to reach out or visit our Help Center.
If you would like to lodge a complaint, please contact our Customer Support Team using one of the following methods:
Contact our customer support team by visiting our Help Center
Write an email to Customer Support at: support@clarityops.co
Submissions to Nexa360
We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Nexa360 Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Nexa360 to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using Nexa360 can and may be read by us, regardless of whether we are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by employees and Nexa360 Service Providers that reasonably need such access.
Welcome to Nexa360!
Welcome to Nexa360, the flagship product proudly developed by ClarityOps LLC, dedicated to empowering organizations with unparalleled tools for crafting exceptional job descriptions. Our commitment to innovation and excellence drives us to deliver a seamless user experience, revolutionizing the hiring processes to reduce complexity. As you embark on your journey with Nexa360, rest assured that your satisfaction and security are paramount to us. This User Agreement outlines the terms of our partnership, ensuring clarity and transparency every step of the way. Thank you for choosing Nexa360 as your trusted ally in redefining recruitment strategies and unlocking untapped potential.
Nexa360, an AI-based Job Description management and creation application operated by and proprietary to ClarityOps LLC, a California company. By signing up for Nexa360 and opening an account, you agree to enter into this User Agreement (the “User Agreement”) by and between you and ClarityOps LLC, and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use Nexa360. Use of the words “we,” “us,” or “our” in this User Agreement refers to ClarityOps LLC and any or all of its affiliates.
Using our services
By signing up for Nexa360 and opening an account, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this User Agreement with ClarityOps LLC, and agree to be legally bound by the terms and conditions of this User Agreement in their entirety.
You agree and understand that by logging into your account or following any change to this User Agreement, your login or API Authentication, as applicable, shall constitute your agreement to the amended User Agreement with ClarityOps LLC, and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account following an amendment to this User Agreement, transactions that you or others have already undertaken, and benefits, such as trading fee discounts and rebates that you or others have earned, could be affected by the amended terms and conditions of this User Agreement. See, for example, the ‘Account Termination’ and ‘Account Remedies for Breach’ sections. You should, therefore, read this User Agreement from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this User Agreement, from time to time, as a condition of you accessing or using any Nexa360 Services (as defined below), logging into your account. If you do not agree to be bound by this User Agreement, you should not access or use any Nexa360 Services, login to your account. Should you disagree with this User Agreement (including any changes or amendments), please close your account in accordance with the Account Closure section.
Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to this User Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
Feel free to print and keep a copy of this User Agreement. Please understand that we reserve the right to change any of these terms and conditions at any time. Don’t worry, you can always find the latest version of this User Agreement here on this page.
Applicable Laws and Regulations
Your conduct on Nexa360 is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but not limited to:
1. California Consumer Privacy Act (CCPA): Ensures your rights to know, access, delete, and opt-out of the sale of personal information.
2. General Data Protection Regulation (GDPR): Provides data protection and privacy rights for individuals in the European Union.
3. Fair Employment and Housing Act (FEHA): Prohibits employment discrimination based on race, color, religion, sex, gender identity, and other protected characteristics.
4. Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
5. Americans with Disabilities Act (ADA): Ensures non-discriminatory practices in job descriptions and employment.
6. Unfair Competition Law (UCL): Prohibits unlawful, unfair, or fraudulent business acts or practices.
7. Consumer Legal Remedies Act (CLRA): Protects consumers against unfair and deceptive business practices.
8. Digital Millennium Copyright Act (DMCA): Addresses copyright infringement and includes provisions for service providers.
9. California Online Privacy Protection Act (CalOPPA): Requires disclosure of privacy policies on commercial websites and online services.
10. Children's Online Privacy Protection Act (COPPA): Governs the collection of personal information from children under 13.
11. California Cybersecurity Laws: - Includes various statutes addressing cybersecurity practices and breach notification requirements.
By using the Service, You unequivocally agree and understand that by signing up for Nexa360, opening an account, and using Nexa360 in any capacity, you agree to comply with and be legally bound by this User Agreement and all Applicable Laws and Regulations. For the avoidance of doubt, the receipt of all trading fee discounts and rebates, and the continued use of your account, are conditioned on your adherence to this User Agreement and all Applicable Laws and Regulations at all times. For any questions regarding compliance or legal obligations, please contact us at compliance@ClarityOps.co
Data Privacy and Security
We are committed to protecting your data. Detailed information about our data privacy and security measures is outlined in our Data Privacy and Security Policy. Highlights include:
Encryption: Data is encrypted both in transit and at rest.
Access Controls: Strict access controls to prevent unauthorized access.
Breach Notification: In the event of a data breach, we will notify affected users in compliance with applicable laws.
Digital Assets
As used herein, “Digital Asset” means any digital file or document created, stored, or managed within the Nexa360 platform. This includes, but is not limited to, job descriptions, templates, reports, and any other digital representations of value generated by the AI-based job description creation and management tools offered by Nexa360.
California Consumer Privacy Act (CCPA) Compliance
We comply with the California Consumer Privacy Act (CCPA). As a California resident, you have the following rights:
Right to Know: You can request information about the categories and specific pieces of personal data we have collected about you.
Right to Delete: You can request the deletion of personal data we have collected from you, subject to certain exceptions.
Right to Opt-Out: You can opt-out of the sale of your personal data.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
To exercise these rights, please contact us at compliance@clarityops.co
AI and Machine Learning
Nexa360 utilizes advanced AI and machine learning algorithms to create and manage job descriptions. The data processed by our AI includes user inputs and historical data to improve accuracy and relevancy.
Transparency: We strive to maintain transparency in how our AI processes your data.
User Control: You have control over your data and can manage your preferences through your account settings.
Ethical Use: Our AI systems are designed to operate ethically and in compliance with applicable laws and regulations.
Your Nexa360 Account
Account Opening
Only individuals or institutions that have opened an account (“Nexa360 Account”) are considered Nexa360 Customers (each, a “Nexa360 Customer”). A Nexa360 Account may be opened on behalf of an institution by a beneficial owner and/or designated representative of the said institution. By doing so, you warrant and agree that you are a beneficial owner and/or designated representative of the said institution. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your linked bank account, and to take any action we deem necessary based on the results. To the extent that you would like more information on adding another person to your account, please email compliance@clarityops.co
Account Types (Coming Soon….)
In order to access Nexa360, you must register and open a Nexa360 Account.
Access to your Nexa360 Account is limited solely to the individuals who have successfully registered and opened an associated User Account. You agree that you will not grant any person access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations.
Account Access
You are only permitted to access your Nexa360 Account by using your User Account login credentials and other required forms of authentication. You can either use the Google Sign-in or Registered email address with Nexa360 to login to your account. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with.
You agree that your User Account login credentials and any other required forms of authentication, where applicable, have been chosen by you. You also agree to keep your User Account login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Nexa360
Account and your User Account.
You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. You agree that we cannot be held liable for unauthorized access or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties.
You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that, we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account.
You agree and understand that you are responsible for monitoring your User Account and Nexa360 Account. If you notice any unauthorized or suspicious activity in your account.
If you notice any unauthorized or suspicious activity in your account, including but not limited to any JDs that you have not created or missing JDs created please email support@clarityops.co and notify us immediately.
Account Communication
You agree and understand that all communication with you will be via email. We will use the email address on record for your User Account as our primary means of communicating with you. You acknowledge and understand that this is the only authorized way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Nexa360 or ClarityOps LLC. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to Nexa360 until you provide and confirm a new and valid email address.
Account History
Your transaction history (“Transaction History”) is always available in Nexa360 application. We use commercially reasonable efforts to assure that the information contained in the notices we send you and your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
Any action listed in your Activity Log or other communication, including but not limited to, notifications sent to your email on record, shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive Written Notice (as defined herein) to the contrary within three business days from the date the communication was sent.
Account Review and Acknowledgment
It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility to visit our Help Center and notify us immediately. You understand that every communication sent to your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by you unless we have received Written Notice to the contrary within three calendar days from the date the communication was sent. We retain the right to make changes or adjustments to your Account as necessary and appropriate, and in our sole discretion, to comply with any Applicable Laws and Regulations or to ensure integrity.
Account Closure
You may close any of your account(s) at any time. You agree and understand that closing your Nexa360 account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open tasks and, in accordance with the provisions of this User Agreement, provide instructions on where to transfer any remaining data or documents associated with your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, legal and administrative fees or transfer costs of data or documents) associated with closing your account. If the costs of closing your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our compliance program.
Account Suspension
You agree and understand that we have the right to immediately (i) suspend your account and all accounts beneficially owned by you and any members of your household or for which you are a representative or authorized signatory and, in the case of entities, any affiliates (each, a “Related Account”), (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Nexa360, until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:
Any provision of this User Agreement;
Any Applicable Laws or Regulations;
Our Marketplace Conduct Rules,
at any time since the opening of such account or Related Account (each, a “Conduct Violation”).
You further agree and understand that we have the right to immediately (i) suspend your account and any Related Account, (ii) freeze/lock the funds and assets in all such accounts and seek to recover additional funds in the event that the funds and assets in your accounts are insufficient to cover Nexa360’s losses, and (iii) suspend your access to Nexa360 until a determination has been made, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account has not been renewed beyond the expiry date. ;
The account has a balance that needs to be reconciled for any reason;
Your payment was returned by your bank;
We believe someone is attempting to gain unauthorized access to the account;
We believe there is unusual activity in the account;
We believe your account was used to send or receive a ransomware payment;
We believe you are using Nexa360, your login credentials, or other account information in an unauthorized or inappropriate manner;
The account is being accessed from a jurisdiction where we do not offer Nexa360 Services; or
The account has not been accessed in two years or more.
If your account has been suspended, you will be notified when accessing Nexa360. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.
Account Investigations
You agree and understand that we have the right to immediately investigate your account and any Related Account, if we suspect, in our sole discretion, that you and/or any such account has committed a Conduct Violation or otherwise been engaged in Prohibited Use or suspicious activity.
You further agree and understand that we have the right to immediately investigate your account and any Related Account, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account is, or is related to any account that is, the property of a Sanctioned Person;
The account was used to facilitate a ransomware payment;
The account has not been accessed in two years or more.
We may, in our sole discretion, give Written Notice that your account is the subject of an investigation and may, in our sole discretion, share the general nature of the investigation, if permitted to do so by law.
If we suspect that an account has committed a Conduct Violation that pertains to our Marketplace Conduct Rules, we will give Written Notice and share the general nature of the allegations as well as the specific provisions of our Marketplace Conduct Rules that appear to have been violated. You will have the right to submit, within seven calendar days from the date of notification, a written statement explaining why no disciplinary action should be taken.
You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement, nor refuse to comply with any request made pursuant to this User Agreement. Following the conclusion of an investigation, we will make, at our sole discretion, a determination based upon the weight of the evidence.
To ensure a fair, transparent, and efficient environment for all users, we have established the following Conduct Rules. By signing up and using the Nexa360 app, you agree to comply with these rules.
User Responsibilities
Accuracy of Information: Users must provide accurate and up-to-date information in their profiles and any job descriptions or related content created using the Nexa360 app. Misrepresentation or falsification of information is strictly prohibited.
Compliance with Laws: Users must comply with all applicable local, state, and federal laws and regulations while using the Nexa360 app. This includes, but is not limited to, employment laws, data protection regulations, and intellectual property laws.
Respectful Communication: Users must engage in respectful and professional communication with other users. Harassment, discrimination, abusive language, or any form of misconduct will not be tolerated.
Prohibited Content: Users are prohibited from creating, sharing, or distributing any content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable. This includes content that infringes on the intellectual property rights of others.
Data Privacy and Security: Users must safeguard the privacy and security of personal data. Sharing sensitive personal information without proper authorization is prohibited. Users must also adhere to Nexa360’s data privacy policies and terms of service.
Conduct
Fair Use: Users must use the Nexa360 app fairly and reasonably, without causing harm or disruption to the app or its services. Any attempt to exploit or abuse the app’s functionalities is prohibited.
Prohibited Activities: Users must not engage in activities that could harm the integrity of the Nexa360 marketplace, including, but not limited to:
Manipulating or interfering with the app’s AI algorithms or job description generation process.
Engaging in fraudulent activities or creating fake accounts.
Attempting to gain unauthorized access to other users’ accounts or data.
Evaluation Criteria: When evaluating user activities, Nexa360 may consider factors such as:
Whether the user’s intent was to mislead others or manipulate job descriptions.
The impact on other users and the overall marketplace.
The user’s historical pattern of activity on the platform.
The frequency and nature of content creation and modification activities.
The size and scope of user-generated content relative to market conditions.
The duration and exposure of content within the marketplace.
The effect of user actions on the visibility and accessibility of other users’ content.
Reporting Violations: Users are encouraged to report any violations of these Marketplace Conduct Rules to Nexa360’s support team. Nexa360 will investigate and take appropriate action, which may include account suspension or termination.
Account Management
Account Suspension and Termination: Nexa360 reserves the right to suspend or terminate user accounts for violations of these Marketplace Conduct Rules or any other terms of service. Suspended or terminated accounts may result in the loss of access to data and services.
User Cooperation: Users must cooperate with Nexa360 during any investigation of potential violations. Failure to cooperate may result in account suspension or termination.
Changes to the Rules
Nexa360 reserves the right to update or modify these Conduct Rules at any time. Users will be notified of any significant changes, and continued use of the app constitutes acceptance of the updated rules.
Contact Us
If you have any questions or concerns regarding these Conduct Rules, please contact Nexa360’s support team at support@clarityops.co
By using the Nexa360 app, you acknowledge that you have read, understood, and agree to abide by these Conduct Rules.
Account Remedies for Breach
You agree and understand that if you, your account, or any associated account (hereinafter referred to as a "Related Account") is determined, in our sole discretion, to have committed a breach of our conduct rules, ClarityOps LLC has the right to take the following actions:
Reversal of Benefits: We may debit from your account or any Related Account (i) the value of any discounts or benefits that you or the holder of a Related Account has received in connection with this User Agreement at any time within one year preceding the date on which we become aware of the breach, and (ii) any other damages suffered by Nexa360 as a result of the breach.
Freeze/Lock/Seize Access: We have the right to freeze, lock, or seize your access to the Nexa360 application and any associated services where your breach has impacted the integrity or functionality of our services. This may include suspension of your ability to access existing JDs, create new JDs or manage job descriptions.
Joint and Several Liability: If we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other user to commit a breach, you and that user will be jointly and severally liable for the entire value of any damages to which we are entitled under this subsection. Any such amounts may be debited, in our sole discretion, from your account or that user’s account, or in each case, any Related Account.
Offsetting Negative Balances: You agree and understand that we have the right to offset:
(i) Negative balances in your account by charging the necessary amount to cover the negative balance.
(ii) Any and all debts owed to Nexa360 through the offset of balances of your account or any Related Account.
Suspension of Services: In the event of a breach, we reserve the right to suspend your access to Nexa360 services until a determination has been made regarding the breach. This includes suspending your ability to create, modify, or manage job descriptions.
Termination of Account: We reserve the right to terminate your account or any Related Account if the breach is severe and/or repeated, causing significant harm to Nexa360’s operations or reputation.
If you disagree with any determination made or remedy exercised under this subsection, you may bring an arbitration action pursuant to the 'Dispute Resolution' section of this User Agreement.
By using Nexa360, you acknowledge and agree to comply with these terms regarding account remedies for breaches.
Account Termination
You agree and understand that we have the right to terminate your access to Nexa360 and any account at any time and for any reason, including for violation of this User Agreement or applicable law. If we do so, your rights and obligations under this User Agreement will continue. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or applicable laws and regulations.
If your account is terminated, we will return any remaining funds, less the value of any discounts, rebates, debts owed to Nexa360, offsets, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any discounts, rebates, debts owed to Nexa360, offsets, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law.
Subject to any rights Nexa360 may have against the balance of your account, if there is a balance remaining, you agree to provide us with a valid bank account or digital payment address within thirty calendar days upon receiving written notice, so that we can return the remaining balance to you. By using Nexa360, you acknowledge and agree to comply with these terms regarding account termination.
Legal Process
You agree and understand that we, as well as our affiliates, service providers, their respective officers, directors, agents, joint venturers, employees and representatives (collectively, the “Nexa360 Service Providers”), may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which any of us reasonably and in good faith believe to be valid. We and any Nexa360 Service Provider may, but are not required to, notify you of such process by electronic communication. We and any Nexa360 Service Provider may charge you for associated costs, in addition to any legal process fees. You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, or damages associated with our compliance with any process that any of us reasonably believe in good faith to be valid. You further agree that we and any Nexa360 Service Provider may honor any legal process, regardless of the method or location of service.
Right of Offset
You agree and understand that ClarityOps LLC reserves the right to offset any outstanding balances or amounts owed by you against any funds or payments due to you. This includes, but is not limited to, fees, costs, expenses, or other obligations incurred through your use of our services. In the event of a dispute regarding any amounts owed, ClarityOps LLC may, at its sole discretion, withhold the disputed amount until the issue is resolved. By using Nexa360, you authorize us to take any necessary actions to recover amounts owed, including but not limited to, debiting your account or seeking reimbursement through other legal means.
Patriot Act Notification
Please note that Section 326 of the USA PATRIOT Act requires institutions, including non-financial organizations, to obtain, verify, and record information that identifies each person who creates an account. This federal requirement applies to all new users of Nexa360. This information helps the United States government in its efforts to combat the funding of terrorism and money-laundering activities.
What this means to you: When you open an account on Nexa360, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to verify your identity. This process ensures the integrity and security of our platform while complying with federal regulations.
Sanctions Programs
Pursuant to the economic sanctions programs administered in the countries where we conduct business, including, but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required, in accordance with an OFAC sanctions program, other applicable government sanctions programs, or our policies designed to comply with these sanctions programs, we may: (i) suspend your account; (ii) terminate your account; (iii) restrict your account; (iv) return funds to the destination of their origin or to an account specified by authorities; (v) block funds in your account that are the property of a Sanctioned Person (defined in the ‘Export Controls’ section below), or (vi) require you withdraw funds from your account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law and Regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Prohibited Activity
ClarityOps LLC does not permit the use of the platform for any prohibited activity in a Nexa360 Account, including but not limited to: use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, assist in violation of, or cause Nexa360 to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”).
You agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the assets in all such accounts, and (iii) suspend your access to Nexa360, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity policy.
ClarityOps
ClarityOps specializes in enhancing business operations through innovative solutions, helping companies streamline their processes to achieve better, faster, and smarter outcomes. By leveraging data-driven insights, ClarityOps empowers organizations to make informed decisions that enhance their competitiveness and operational efficiency.
Core Services
Operational Efficiency: ClarityOps focuses on improving the planning, organization, and execution of business operations. Their services are designed to ensure that businesses can operate smoothly and effectively, minimizing downtime and maximizing productivity.
Data-Driven Decision Making: Through advanced analytics and data insights, ClarityOps provides businesses with the information they need to make strategic decisions. This helps companies stay ahead of the competition by making informed choices based on real-time data.
Continuous Innovation: ClarityOps emphasizes the importance of continuous improvement and innovation in business operations. They assist organizations in adapting to changing market conditions and evolving business needs, ensuring sustained growth and success.
Key Benefits
Enhanced Clarity and Efficiency: By clearly defining roles and responsibilities within an organization, ClarityOps helps eliminate confusion and overlap, leading to more efficient workflows.
Improved Team Collaboration: ClarityOps employs strategies that enhance team collaboration, ensuring that all team members are aligned and working towards common goals.
Flexibility in Operations: Recognizing the importance of adaptability, ClarityOps helps businesses incorporate flexibility into their operations, making them more resilient and responsive to changes.
Approach and Philosophy
ClarityOps adopts a client-centric approach, tailoring their solutions to meet the specific needs of each business. They believe in the power of clarity in roles and responsibilities, continuous learning, and the importance of diversity and inclusion in the workplace. These principles are central to their philosophy and guide their strategies for helping businesses succeed.
Disrepute Upon You or Nexa360
Neither you nor any related party may access Nexa360 in any way which could be expected to bring disrepute upon you or Nexa360
Acts Detrimental to Nexa360
It is a violation of this User Agreement to engage in any act detrimental to Nexa360, including any conduct that is inconsistent with principles established by relevant regulatory and advisory bodies. Abusive practices, including without limitation, disruptive, deceptive, manipulative, noncompetitive, or unfair actions are strictly prohibited.
Specifically, the following acts apply to users of Nexa360:
Fraudulent Activities: Any attempt to deceive or manipulate the platform, its users, or the data within it is strictly prohibited. This includes falsifying information, impersonating others, or engaging in any form of deceptive behavior, as outlined by the Federal Trade Commission (FTC), which protects consumers and promotes competition by preventing anticompetitive, deceptive, and unfair business practices.
Manipulation of Data: Users must not manipulate or tamper with data within Nexa360 in a way that distorts its accuracy or misrepresents information. This includes artificially inflating metrics, suppressing relevant data, or engaging in any form of data manipulation. The National Institute of Standards and Technology (NIST) provides guidelines and standards for technology and cybersecurity that help ensure compliance and prevent such disputes.
Unfair Competition: Practices that unfairly disadvantage other users or entities within Nexa360 are strictly prohibited. This includes actions such as sabotaging competitors, engaging in price-fixing, or any other form of anti-competitive behavior, which can be addressed through platforms like the Better Business Bureau (BBB) and the American Arbitration Association (AAA) that help resolve disputes through mediation and arbitration.
Violations of these standards will result in appropriate action, which may include suspension or termination of access to Nexa360.
Non Supervision
You shall be responsible for establishing, maintaining, and administering reasonable, written supervisory procedures to ensure that you and any related parties comply with all Applicable Laws and Regulations. You may be held accountable for the actions of a related party. In addition, you shall be responsible for supervising related parties and may be held accountable for the actions of such related parties.
Disruptive Practices
Neither you nor any related party shall engage in any practices or conduct on Nexa360 that:
Demonstrates intentional or reckless disregard for the orderly creation and management of job descriptions; or
Is, is of the character of, or is commonly known as spamming (repeatedly submitting irrelevant or inappropriate content with the intent to disrupt the system).
All job descriptions and management actions must be executed with bona fide intentions. Additionally, all non-actionable messages must be placed in good faith for legitimate purposes.
You shall not submit or cause to be submitted a job description or management action with the intent, at the time of entry, to cancel or modify it before it has been reviewed or used.
You shall not submit or cause to be submitted any message or content with the intent to mislead other users.
You shall not submit or cause to be submitted any message or content with the intent to overload, delay, or disrupt the systems of Nexa360 or other users.
You shall not submit or cause to be submitted any message or content with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of job description creation and management.
Intimidation/Coordination
Neither you nor any related party shall:
Coordinate job description content or management actions with any other user or any other person;
Direct or request another user to alter a job description or its content; or
Engage, directly or indirectly, in any conduct that threatens, harasses, coerces, intimidates, or otherwise attempts improperly to influence another user or any other person.
This includes, but is not limited to, any attempt to influence a user or person to adjust or maintain a job description or its content on Nexa360 or any related platform, or any refusal to collaborate or any other conduct that retaliates against or discourages the competitive activities of another user or person.
Nothing in this Marketplace Conduct Rule with respect to the coordination of job descriptions or management actions shall be deemed to limit, constrain, or otherwise inhibit the freedom of you or any related party to unilaterally:
(i) Set your own job description parameters,
(ii) Determine the content of your job descriptions, and
(iii) Decide the scope and requirements of the job descriptions you manage, provided that such conduct is otherwise in compliance with all Applicable Laws and Regulations.
These provisions apply to the entire Nexa360 platform at all times.
Data Security and Insurance
We maintain commercial crime and cybersecurity insurance for the data we custody on your behalf in our online systems and Nexa360's servers. Our insurance policy is made available through a combination of third-party insurance underwriters.
Our policy insures against the theft of data from our systems that results from a direct security breach or hack of Nexa360's systems, a fraudulent transfer initiated by Nexa360, or theft by a Nexa360 employee.
Our policy does not cover any losses resulting from any unauthorized access to your User Account. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account. Please see the 'Account Access' section for more information.
Disclaimer
By using Nexa360, you agree and understand that we and/or any Nexa360 Service Provider are not responsible for any non-Nexa360 Customer's use of the Nexa360 platform or for any third party that interacts with Nexa360. You also agree and understand that you will not involve us and/or any Nexa360 Service Provider in any dispute involving a non-Nexa360 Customer or a third party that interacts with Nexa360.
You further agree and understand that we and/or any Nexa360 Service Provider are not responsible for your use (or misuse) of Nexa360 and that you will not involve us and/or any Nexa360 Service Provider in any dispute involving your use (or misuse) of Nexa360.
In any event, you hereby agree to indemnify us and/or any Nexa360 Service Provider for any and all costs, including legal costs, which are reasonably incurred by us and/or any Nexa360 Service Provider and related to any such disputes.
Questions, Feedback, and Complaints
If you have questions, feedback, and complaints please see the ‘Questions, Feedback, and Complaints’ section of this User Agreement. If you are located in the State of New York, please refer to the ‘New York User Complaints’ section. If you are located in the State of Oregon, please refer to the ‘Oregon User Complaints’ section. If you are located in the State of Texas, please refer to the ‘Texas User Complaints’ section.
Referral Program
Any referral program or other referral promotions offered by Nexa360 and ClarityOps LLC will be contained on the Nexa360 page.
Privacy of Information
You agree that the information contained in your User Account and Nexa360 Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. We agree that we will keep such information confidential, subject to the following paragraph.
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Nexa360’s Privacy Policy, which is incorporated into this User Agreement by reference.
Recording and Recordkeeping
You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your User Account, Nexa360 Account, and use of Nexa360.
General Use
Code of Conduct
We work hard to make Nexa360 safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of our Code of Conduct and this User Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will terminate your account.
Proprietary Rights and Limitations on Use
Nexa360 is our proprietary platform. Nexa360 is protected by copyright and other intellectual property laws.you agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Nexa360 source code or similar proprietary or confidential data or other similar information provided via Nexa360, without our express prior written consent. You may not use Nexa360 for any unlawful purpose.
We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Nexa360 and other informational content through Nexa360 in accordance with our API Agreement, and this User Agreement. All other uses are prohibited. All rights in and to Nexa360, and not granted herein, are reserved.
Nexa360 and the Nexa360 logo (whether registered or unregistered) (the “Nexa360 Marks”) are proprietary marks licensed to ClarityOps LLC and are protected by applicable trademark laws. Nothing contained in this User Agreement should be construed as granting any license or right to use any of the Nexa360 Marks without our express written consent. Any unauthorized use of the Nexa360 Marks is strictly prohibited.
Additionally, you may not use any of the Nexa360 Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products or services (e.g., software, applications, platforms, or any other commercial offerings) without a separate written agreement with us. This includes any use where the price, return, and/or performance of a product or service is based on, derived from, or related to Nexa360 or any portion thereof.
We may also use technology that is the subject of one or more pending patent applications.
Service Modifications
You agree and understand that we may modify part of or all of Nexa360 without notice.
Downtime and Maintenance
You agree and understand that part of or all of Nexa360 may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”).
You agree and understand that Nexa360 is not liable or responsible for any inconvenience or damage resulting from Downtime. Following Downtime, when services resume, you understand that conditions and data may differ significantly from those prior to such Downtime.
Risks
Please note the following risks in accessing or using Nexa360:
Data Integrity and Loss Risks: The risk of data loss or corruption may be substantial, and losses may occur over a short period of time.
Service Availability Risks: The availability and performance of Nexa360 may be subject to large fluctuations due to maintenance, technical issues, or other factors.
Regulatory Risks: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, and storage of data within Nexa360.
Unregulated Status: In your jurisdiction, Nexa360 may not be regulated as a technology service provider.
Insurance Limitations: Data and transactions within your Nexa360 Account are not subject to insurance protection, including, but not limited to, deposit insurance or other regulatory protections.
Data Recovery Risks: Transactions and changes within Nexa360 may be irreversible, and losses due to fraudulent or accidental modifications may not be recoverable.
Cybersecurity Risks: The nature of digital platforms may lead to an increased risk of fraud or cyber attack, and technological difficulties experienced by Nexa360 may prevent access to or use of your data.
Third-Party Interaction Risks: Interactions with third-party services or integrations may pose additional risks, including security vulnerabilities and compliance issues.
Market Condition Risks: Conditions and data within Nexa360 may differ significantly after periods of Downtime, impacting the accuracy and usability of the platform.
User Responsibility: You are solely responsible for managing and maintaining the security of your User Account login credentials and any other required forms of authentication.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Nexa360 does not give advice or recommendations regarding the use of its platform. You agree and understand that you access and use Nexa360 at your own risk; however, this brief statement does not disclose all of the risks associated with using Nexa360. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and business needs. You should be aware that you may sustain a total loss of data or access to Nexa360 services under certain conditions.
Third-Party Websites
Nexa360 may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Nexa360 has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Nexa360 is providing these links or/and information from these websites to you only as a convenience.
Third-Party Service Providers
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Third-Party Information Accuracy and Usage
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage, the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Accessing Nexa360
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Nexa360 or any Nexa360 Service Provider under any circumstances, or perform any functions that are not authorized by this User Agreement. You should never access Nexa360 from an unsecured or public computer and/or network for your own safety.
Press Guidelines
We encourage and hereby authorize press and media to refer to Nexa360, provided that any reference is accompanied by:
Attribution to Nexa360, and
A hyperlink to Nexa360.ai, when possible.
For all press and media inquiries, please email Compliance@clarityops.co
Prohibited Use
Sanctions and Export Controls
By using Nexa360.ai, you agree to comply with all applicable U.S. and international sanctions and export control laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce.
Prohibited Uses:
You may not use Nexa360.ai to engage in any transactions or activities with individuals, entities, or countries that are subject to U.S. sanctions, including those listed on the OFAC Specially Designated Nationals (SDN) List or other restricted party lists.
You may not export, re-export, or transfer any part of Nexa360.ai to any destination, person, entity, or end-user prohibited by U.S. or international export control laws without obtaining any required export license or other governmental approval.
User Responsibilities:
It is your responsibility to ensure that your use of Nexa360.ai complies with all applicable sanctions and export control laws and regulations.
You are responsible for conducting due diligence to ensure that your activities do not violate any sanctions or export controls, including verifying that no prohibited parties are involved in your transactions.
Reporting and Compliance:
Nexa360.ai reserves the right to monitor compliance with these requirements and may take necessary action, including terminating access to our services, for any user found to be in violation of applicable sanctions and export control laws.
If you become aware of any potential violations, you must immediately report them to Nexa360.ai at compliance@nexa360.ai.
Legal Consequences:
Violations of sanctions and export control laws can result in severe penalties, including substantial fines and criminal charges. Nexa360.ai will cooperate with relevant authorities in investigating and addressing any such violations.
By using Nexa360.ai, you acknowledge that you have read, understood, and agree to comply with this "Sanctions and Export Controls" section and all applicable laws and regulations.
For any questions or further information regarding compliance, please contact us at compliance@clarityops.co
General Provisions
You agree and understand that you are legally bound by the terms and conditions set forth in this User Agreement, which governs your use of Nexa360 and the services we provide. By clicking “I AGREE” during the account creation process, you acknowledge and accept that you are legally bound by the terms and conditions of this User Agreement and confirm that you have received the disclosures provided herein. If you do not agree to be legally bound by these terms and conditions, do not click “I AGREE” and please refrain from visiting, accessing, or using Nexa360 in any capacity or manner. Whether or not you click “I AGREE,” by signing up for an account and using Nexa360 in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this User Agreement (including any changes or amendments) in their entirety.
Disclaimer of Warranties
You expressly understand and agree that your use of Nexa360 and any services provided by ClarityOps LLC through Nexa360 is at your sole risk. Nexa360 and all related services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, ClarityOps LLC, its subsidiaries, affiliates, and licensors do not warrant that:
The services will meet your requirements;
The services will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from the use of the services will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations; and
Any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from ClarityOps LLC or through or from the services shall create any warranty not expressly stated in this User Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any jurisdiction does not allow the exclusion of certain warranties, the scope and duration of such warranty shall be the minimum permitted under applicable law.
Disclaimer of Liability
To the fullest extent permitted by applicable law, ClarityOps LLC, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
The use or the inability to use Nexa360 and any related services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into, through or from Nexa360;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on Nexa360;
Any other matter relating to Nexa360 or the services provided.
You expressly understand and agree that ClarityOps LLC shall not be liable for any damages arising from the interruption, suspension, or termination of Nexa360 services, including but not limited to direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
In no event shall ClarityOps LLC’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using Nexa360 and the services during the twelve (12) months immediately preceding the date of the claim or one hundred U.S. dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination or expiration of this User Agreement or your use of Nexa360 and the services provided.
By using Nexa360, you agree to the terms and conditions set forth in this Disclaimer of Liability. If you do not agree, please do not access or use Nexa360.
Reasonable Care
We agree to exercise reasonable care and use commercially reasonable efforts in fulfilling our responsibilities to you as outlined in this User Agreement, or to a higher standard of care where required by law or as specified in this User Agreement.
You acknowledge that we cannot be held responsible for any failure or delay to act by any Nexa360 Service Provider, including our partners or other participants, within the time limits permitted by this User Agreement or prescribed by law, or for delays caused by your negligence.
Furthermore, you agree that neither we nor any Nexa360 Service Provider can be held liable for any erroneous actions or system failures, defined as failures of any computer hardware or software used by Nexa360, a service provider, or any telecommunications lines or devices used by Nexa360 or a service provider, as well as downtime, which prevents us from fulfilling our obligations under this User Agreement. This exclusion of liability applies provided that we or the relevant service provider used commercially reasonable efforts to prevent or limit such errors, failures, or downtime. Additionally, you agree that neither we nor any Nexa360 Service Provider can be held responsible for any other circumstances beyond our or the service provider's reasonable control.
You also agree and understand that any act or omission made by us or any Nexa360 Service Provider in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in New York, or any rule or regulation of the State of New York, the New York State Department of Financial Services, or a federal agency having jurisdiction over such party, shall constitute reasonable care and be commercially reasonable.
We strive to provide you with a reliable and secure platform, which includes our services. However, interruptions, errors, or other service deficiencies may occur due to a variety of factors, some of which are beyond our control. These factors can contribute to delays, errors in service, or system outages, and you may experience difficulties in accessing your Nexa360 Account, managing your job descriptions, or using other features of the platform.
Force Majeure
You agree and understand that in no event shall we or any Nexa360 Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Nexa360 Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
Indemnities
In no event shall we or any Nexa360 Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this User Agreement or your use or attempted use of Nexa360. You agree to indemnify and hold us and all Nexa360 Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Nexa360, or our and any Nexa360 Service Providers’ performance or nonperformance of duties to you.
If you are a California resident, you waive California Civil Code Section 1542, which states:
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Legal Costs
You agree to indemnify us and any Nexa360 Service Provider for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of Nexa360. As a result, we will be entitled to charge your Nexa360 Account for such costs without notice, including legal and enforcement related costs that we incur.
Entire Agreement
This User Agreement, our Privacy Policy, our API Agreement, Custody Agreement, and our Market Data Agreement, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and ClarityOps LLC as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us. By your acceptance of this Agreement, you acknowledge that you have read, understand, and agree to the Authorization Agreement, and any modifications thereof, as of the time you accept this Agreement.
Separately Negotiated Arrangements
From time to time, we may, subject to applicable laws and regulations and as determined by us in our sole discretion, enter into separately negotiated arrangements with certain Nexa360 Customers pursuant to a confidential side letter or similar agreement that supplements certain of the economic or other terms of this User Agreement. These arrangements apply solely to that Nexa360 Customer’s relationship with and use of Nexa360 and may involve, among other matters:
Different incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments;
The ability to receive additional or customized market information not generally available to other Nexa360 Customers (subject to the terms of the Nexa360 API Agreement);
Preferred access to Nexa360 Customer service resources;
An agreement to permit representatives of such Nexa360 Customer to serve on any customer representative bodies or advisory committees that we may form;
An agreement to provide such Nexa360 Customer with incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments, in connection with their creation, holding, and/or use of Nexa360 services.
Any such separately negotiated arrangements will be entered into based on factors or considerations determined by us to be relevant in our sole discretion. Arrangements or terms offered to one Nexa360 Customer generally are not available to all, or even any, other Nexa360 Customers. Examples of factors we may consider in deciding whether to negotiate customized terms via a confidential side letter or similar agreement include, but are not limited to:
Whether a Nexa360 Customer plans to or is expected to conduct a significant or high volume of activity on our platform;
Whether a Nexa360 Customer is subject to specific and unique legal, tax, or regulatory obligations or requirements.
You agree and understand that you, nor any other Nexa360 Customer, shall have any right or legal recourse against us or any Nexa360 Customer that receives additional or different rights or terms as a result of a separately negotiated arrangement. You further agree and understand that the validity or enforceability of the terms and conditions of this User Agreement entered into by and between you and ClarityOps LLC shall not be affected by the existence or the terms and conditions of any separately negotiated arrangement with any Nexa360 Customer.
Assignment
This User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Relationship of the Parties
You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
Injunctive Relief
You agree and understand that your obligations and the obligations of each user set forth in this User Agreement are necessary and reasonable in order to protect us and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this User Agreement. Accordingly, you agree and understand that any such violation or threatened violation shall cause irreparable injury to the us and that, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to obtain injunctive relief against any threatened breach of this User Agreement or your continuation of any such breach, without the necessity of proving actual damages.
Severability
You agree and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
Change of Control
In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival
You agree and understand that all provisions of this User Agreement, which by their nature extend beyond the termination or expiration of this User Agreement, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of Nexa360, disputes with us, and general provisions, shall survive the termination or expiration of this User Agreement.
Miscellaneous
Section headings in this User Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this User Agreement. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” and words of similar import, when used in this User Agreement, shall refer to this User Agreement as a whole and not to any particular provision of this User Agreement; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used in this User Agreement, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
English Language Controls
Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.
Written Notice
If we send an email to the email address on record for your User Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. If you visit our Help Center, this constitutes Written Notice from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Business Day
A business day (“Business Day”) shall mean any day other than a Saturday, a Sunday, or day when federal banks located in the State of New York are closed for a legal holiday or by government directive.
Non-Waiver of Rights
This User Agreement shall not be construed to waive rights that cannot be waived under Applicable Laws and Regulations, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon your strict compliance with any term or provision of this User Agreement shall not be construed as a waiver for you to not comply with such term or provision.
Governing Law
This User Agreement, your use of Nexa360, your rights and obligations, and all actions contemplated by, arising out of, or related to this User Agreement shall be governed by the laws of the State of CALIFORNIA, as if this User Agreement is a contract wholly entered into and wholly performed within the State of New York. YOU AGREE THAT ALL ACTIVITIES, INCLUDING BUT NOT LIMITED TO CREATING, MANAGING, AND USING JOB DESCRIPTIONS ON NEXA360, AND ALL OTHER ACTIONS CONTEMPLATED BY THIS USER AGREEMENT, SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Dispute Resolution
You and Nexa360 agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or your relationship with ClarityOps LLC., — past, present, or future — shall be settled solely and exclusively by binding arbitration held in the county in which you reside, or another mutually agreeable location, including remotely by way of video conference administered by National Arbitration and Mediation ("NAM") and conducted in English, rather than in court. You and ClarityOps LLC., expressly agree that any dispute about the scope of this User Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You and ClarityOps LLC., expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You and ClarityOps LLC., agree to keep any arbitration strictly confidential.
You and ClarityOps LLC., agree that this arbitration provision applies not just to disputes between you and ClarityOps LLC., but also to (a) disputes with ClarityOps LLC., and any other party named or added as a co-defendant along with ClarityOps LLC., at any time, and (b) disputes in which a party is named as a defendant involving claim(s) arising from or related to this User Agreement or any other ClarityOps LLC., agreement or program terms, even if ClarityOps LLC., or Nexa360 are not named or added as a defendant. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision.
You and ClarityOps LLC., agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law.
You and ClarityOps LLC., agree that this arbitration provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall preempt all state laws to the fullest extent permitted by the law.
You and ClarityOps LLC., agree that good-faith, informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to ClarityOps LLC.,must be sent to support@clarityops.co (“Notice Address”). Any Dispute Notice to you by ClarityOps LLC., will be sent to the email address registered with your Nexa360 Account. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute, including any relevant facts regarding ClarityOps LLC., or your use of Nexa360; (c) an explanation of the specific relief sought, including the total damages sought, if any, and the basis for the damage calculations; (d) a signed statement from the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice; and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you authorizing ClarityOps LLC., to disclose your account details to your attorney if necessary in resolving your claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern your dispute and no other person’s dispute. And any Dispute Notice from ClarityOps LLC., must be individualized, meaning it can only concern you and no other person. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
If you and ClarityOps LLC., do not reach an agreement to resolve a claim within 60 days after a Demand Notice is received, you or ClarityOps LLC., may commence an arbitration proceeding; except that, if either you or ClarityOps LLC., send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.
Should any dispute proceed to arbitration, you and ClarityOps LLC., agree that any such arbitration shall be conducted in accordance with the prevailing NAM rules and procedures (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), with the following exceptions to the NAM Rules if in conflict:
The arbitration shall be conducted by one neutral arbitrator;
All pleadings submitted in arbitration are subject to the standards set forth in Federal Rule of Civil Procedure 11, which, among other things, permits sanctions to be imposed where pleadings are submitted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall apply the Apex Doctrine and preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.
Additionally, if, at any time, 25 or more similar demands for arbitration are asserted against either party or their related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:
NAM’s Mass Filing Rules shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Dispute Resolution section, to be part of a Mass Filing.
Any Mass Filing shall be subject to a bellwether proceeding intended to reach a fair and speedy resolution of all claims included in the Mass Filing. In any Mass Filing, NAM shall select 15 demands for arbitration to proceed (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filings may be filed, processed, or adjudicated, and no filing fees for such a demand for arbitration shall be due from either party to the administrator. Any applicable statute of limitations regarding such a demand for arbitration shall remain tolled beginning when the Mass Filing claimant first provided the other party with its Dispute Notice, as defined above.
Following the resolution of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Filing. The mediation shall be administered by NAM. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within 30 days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be administered by NAM on an individual basis pursuant to the NAM Rules.
You and ClarityOps LLC., agree to abide by all decisions and awards rendered in such proceedings and you and ClarityOps LLC., agree that such decisions and awards rendered by the arbitrator shall be final and conclusive, except for any appeal rights under the FAA.
To the extent you or ClarityOps LLC., seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof, or your relationship with ClarityOps LLC.,, you and ClarityOps LLC., agree that this User Agreement restricts you or ClarityOps LLC., from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you and ClarityOps LLC., agree that, to the extent either party breaches this User Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration, you or ClarityOps LLC., may assert claims, if they qualify, in small claims (or an equivalent) court in New York County or any United States county where you live. However, if the claims are transferred, removed, or appealed to a different court, they shall be subject to arbitration.
You and ClarityOps LLC.,agree that you or ClarityOps LLC., may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You and ClarityOps LLC., irrevocably and unconditionally agree to waive any objection that you or ClarityOps LLC., may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the federal or state courts located in the State of New York.
You and ClarityOps LLC., agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. In arbitration the parties waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN THE PARTIES AGREE THAT YOU AND CLARITYOPS LLC.,:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR THE SERVICES THAT CLARITYOPS LLC., PROVIDES OR ANY OTHER MATTER INVOLVING US HERETO, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You and ClarityOps LLC., agree to arbitrate solely on an individual basis, and agree and understand that this User Agreement does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Representative and Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis.
If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force. In any case in which (1) the dispute is filed as a class or representative action and (2) there is a final judicial determination that all or part of the Representative and Class Action Waiver is unenforceable, the class and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Representative and Class Action Waiver that is enforceable shall be enforced in arbitration. Additionally, if a court determines that a public injunctive relief claim may proceed notwithstanding the Representative and Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court after any individual claims are arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded in arbitration.
EVEN IF YOU AND CLARITYOPS LLC HAVE ENTERED INTO ANY OTHER AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP BETWEEN YOU AND CLARITYOPS LLC, EXCEPT AS PROVIDED BELOW. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS DISPUTE RESOLUTION CLAUSE OR THIS USER AGREEMENT, ALL DISPUTES ARISING FROM OR RELATING TO YOUR USE OF NEXA360 SHALL BE GOVERNED EXCLUSIVELY BY THIS ARBITRATION CLAUSE.
You agree that this section of this User Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this User Agreement shall be admissible in judicial or administrative proceedings.
Customers may contact Nexa360 Customer Support with any account inquiries at our Help Center; or by sending an email to support@clarityops.co. Please note that customers are encouraged to contact Nexa360 Customer Support at any time.
Complaints should be in writing:
Information that you should include in your written complaint:
Your name, address, email address, and telephone number.
Name of the institution the complaint is against, name of the branch office (if applicable), address, and telephone number.
Detailed description of the specific complaint against the institution, giving the dates involved, and the names of the people with whom you dealt.
Names, addresses, and telephone numbers of the persons you have dealt with who are important to your complaint.
Copies (not originals) of all pertinent documents, such as contracts, letters, receipts, and statements.
Description of the resolution you desire or would find acceptable.
Your signature and the date signed.
Questions, Feedback, and Complaints
If you have any questions, would like to provide feedback, or would like more information about Nexa360, please feel free to reach out or visit our Help Center.
If you would like to lodge a complaint, please contact our Customer Support Team using one of the following methods:
Contact our customer support team by visiting our Help Center
Write an email to Customer Support at: support@clarityops.co
Submissions to Nexa360
We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Nexa360 Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Nexa360 to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using Nexa360 can and may be read by us, regardless of whether we are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by employees and Nexa360 Service Providers that reasonably need such access.
Welcome to Nexa360!
Welcome to Nexa360, the flagship product proudly developed by ClarityOps LLC, dedicated to empowering organizations with unparalleled tools for crafting exceptional job descriptions. Our commitment to innovation and excellence drives us to deliver a seamless user experience, revolutionizing the hiring processes to reduce complexity. As you embark on your journey with Nexa360, rest assured that your satisfaction and security are paramount to us. This User Agreement outlines the terms of our partnership, ensuring clarity and transparency every step of the way. Thank you for choosing Nexa360 as your trusted ally in redefining recruitment strategies and unlocking untapped potential.
Nexa360, an AI-based Job Description management and creation application operated by and proprietary to ClarityOps LLC, a California company. By signing up for Nexa360 and opening an account, you agree to enter into this User Agreement (the “User Agreement”) by and between you and ClarityOps LLC, and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use Nexa360. Use of the words “we,” “us,” or “our” in this User Agreement refers to ClarityOps LLC and any or all of its affiliates.
Using our services
By signing up for Nexa360 and opening an account, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this User Agreement with ClarityOps LLC, and agree to be legally bound by the terms and conditions of this User Agreement in their entirety.
You agree and understand that by logging into your account or following any change to this User Agreement, your login or API Authentication, as applicable, shall constitute your agreement to the amended User Agreement with ClarityOps LLC, and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account following an amendment to this User Agreement, transactions that you or others have already undertaken, and benefits, such as trading fee discounts and rebates that you or others have earned, could be affected by the amended terms and conditions of this User Agreement. See, for example, the ‘Account Termination’ and ‘Account Remedies for Breach’ sections. You should, therefore, read this User Agreement from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this User Agreement, from time to time, as a condition of you accessing or using any Nexa360 Services (as defined below), logging into your account. If you do not agree to be bound by this User Agreement, you should not access or use any Nexa360 Services, login to your account. Should you disagree with this User Agreement (including any changes or amendments), please close your account in accordance with the Account Closure section.
Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to this User Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
Feel free to print and keep a copy of this User Agreement. Please understand that we reserve the right to change any of these terms and conditions at any time. Don’t worry, you can always find the latest version of this User Agreement here on this page.
Applicable Laws and Regulations
Your conduct on Nexa360 is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but not limited to:
1. California Consumer Privacy Act (CCPA): Ensures your rights to know, access, delete, and opt-out of the sale of personal information.
2. General Data Protection Regulation (GDPR): Provides data protection and privacy rights for individuals in the European Union.
3. Fair Employment and Housing Act (FEHA): Prohibits employment discrimination based on race, color, religion, sex, gender identity, and other protected characteristics.
4. Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
5. Americans with Disabilities Act (ADA): Ensures non-discriminatory practices in job descriptions and employment.
6. Unfair Competition Law (UCL): Prohibits unlawful, unfair, or fraudulent business acts or practices.
7. Consumer Legal Remedies Act (CLRA): Protects consumers against unfair and deceptive business practices.
8. Digital Millennium Copyright Act (DMCA): Addresses copyright infringement and includes provisions for service providers.
9. California Online Privacy Protection Act (CalOPPA): Requires disclosure of privacy policies on commercial websites and online services.
10. Children's Online Privacy Protection Act (COPPA): Governs the collection of personal information from children under 13.
11. California Cybersecurity Laws: - Includes various statutes addressing cybersecurity practices and breach notification requirements.
By using the Service, You unequivocally agree and understand that by signing up for Nexa360, opening an account, and using Nexa360 in any capacity, you agree to comply with and be legally bound by this User Agreement and all Applicable Laws and Regulations. For the avoidance of doubt, the receipt of all trading fee discounts and rebates, and the continued use of your account, are conditioned on your adherence to this User Agreement and all Applicable Laws and Regulations at all times. For any questions regarding compliance or legal obligations, please contact us at compliance@ClarityOps.co
Data Privacy and Security
We are committed to protecting your data. Detailed information about our data privacy and security measures is outlined in our Data Privacy and Security Policy. Highlights include:
Encryption: Data is encrypted both in transit and at rest.
Access Controls: Strict access controls to prevent unauthorized access.
Breach Notification: In the event of a data breach, we will notify affected users in compliance with applicable laws.
Digital Assets
As used herein, “Digital Asset” means any digital file or document created, stored, or managed within the Nexa360 platform. This includes, but is not limited to, job descriptions, templates, reports, and any other digital representations of value generated by the AI-based job description creation and management tools offered by Nexa360.
California Consumer Privacy Act (CCPA) Compliance
We comply with the California Consumer Privacy Act (CCPA). As a California resident, you have the following rights:
Right to Know: You can request information about the categories and specific pieces of personal data we have collected about you.
Right to Delete: You can request the deletion of personal data we have collected from you, subject to certain exceptions.
Right to Opt-Out: You can opt-out of the sale of your personal data.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
To exercise these rights, please contact us at compliance@clarityops.co
AI and Machine Learning
Nexa360 utilizes advanced AI and machine learning algorithms to create and manage job descriptions. The data processed by our AI includes user inputs and historical data to improve accuracy and relevancy.
Transparency: We strive to maintain transparency in how our AI processes your data.
User Control: You have control over your data and can manage your preferences through your account settings.
Ethical Use: Our AI systems are designed to operate ethically and in compliance with applicable laws and regulations.
Your Nexa360 Account
Account Opening
Only individuals or institutions that have opened an account (“Nexa360 Account”) are considered Nexa360 Customers (each, a “Nexa360 Customer”). A Nexa360 Account may be opened on behalf of an institution by a beneficial owner and/or designated representative of the said institution. By doing so, you warrant and agree that you are a beneficial owner and/or designated representative of the said institution. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your linked bank account, and to take any action we deem necessary based on the results. To the extent that you would like more information on adding another person to your account, please email compliance@clarityops.co
Account Types (Coming Soon….)
In order to access Nexa360, you must register and open a Nexa360 Account.
Access to your Nexa360 Account is limited solely to the individuals who have successfully registered and opened an associated User Account. You agree that you will not grant any person access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations.
Account Access
You are only permitted to access your Nexa360 Account by using your User Account login credentials and other required forms of authentication. You can either use the Google Sign-in or Registered email address with Nexa360 to login to your account. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with.
You agree that your User Account login credentials and any other required forms of authentication, where applicable, have been chosen by you. You also agree to keep your User Account login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Nexa360
Account and your User Account.
You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. You agree that we cannot be held liable for unauthorized access or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties.
You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that, we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account.
You agree and understand that you are responsible for monitoring your User Account and Nexa360 Account. If you notice any unauthorized or suspicious activity in your account.
If you notice any unauthorized or suspicious activity in your account, including but not limited to any JDs that you have not created or missing JDs created please email support@clarityops.co and notify us immediately.
Account Communication
You agree and understand that all communication with you will be via email. We will use the email address on record for your User Account as our primary means of communicating with you. You acknowledge and understand that this is the only authorized way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Nexa360 or ClarityOps LLC. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account or other loss resulting from such fraud or other malfeasance by third parties. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to Nexa360 until you provide and confirm a new and valid email address.
Account History
Your transaction history (“Transaction History”) is always available in Nexa360 application. We use commercially reasonable efforts to assure that the information contained in the notices we send you and your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
Any action listed in your Activity Log or other communication, including but not limited to, notifications sent to your email on record, shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive Written Notice (as defined herein) to the contrary within three business days from the date the communication was sent.
Account Review and Acknowledgment
It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility to visit our Help Center and notify us immediately. You understand that every communication sent to your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by you unless we have received Written Notice to the contrary within three calendar days from the date the communication was sent. We retain the right to make changes or adjustments to your Account as necessary and appropriate, and in our sole discretion, to comply with any Applicable Laws and Regulations or to ensure integrity.
Account Closure
You may close any of your account(s) at any time. You agree and understand that closing your Nexa360 account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open tasks and, in accordance with the provisions of this User Agreement, provide instructions on where to transfer any remaining data or documents associated with your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, legal and administrative fees or transfer costs of data or documents) associated with closing your account. If the costs of closing your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our compliance program.
Account Suspension
You agree and understand that we have the right to immediately (i) suspend your account and all accounts beneficially owned by you and any members of your household or for which you are a representative or authorized signatory and, in the case of entities, any affiliates (each, a “Related Account”), (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Nexa360, until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:
Any provision of this User Agreement;
Any Applicable Laws or Regulations;
Our Marketplace Conduct Rules,
at any time since the opening of such account or Related Account (each, a “Conduct Violation”).
You further agree and understand that we have the right to immediately (i) suspend your account and any Related Account, (ii) freeze/lock the funds and assets in all such accounts and seek to recover additional funds in the event that the funds and assets in your accounts are insufficient to cover Nexa360’s losses, and (iii) suspend your access to Nexa360 until a determination has been made, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account has not been renewed beyond the expiry date. ;
The account has a balance that needs to be reconciled for any reason;
Your payment was returned by your bank;
We believe someone is attempting to gain unauthorized access to the account;
We believe there is unusual activity in the account;
We believe your account was used to send or receive a ransomware payment;
We believe you are using Nexa360, your login credentials, or other account information in an unauthorized or inappropriate manner;
The account is being accessed from a jurisdiction where we do not offer Nexa360 Services; or
The account has not been accessed in two years or more.
If your account has been suspended, you will be notified when accessing Nexa360. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.
Account Investigations
You agree and understand that we have the right to immediately investigate your account and any Related Account, if we suspect, in our sole discretion, that you and/or any such account has committed a Conduct Violation or otherwise been engaged in Prohibited Use or suspicious activity.
You further agree and understand that we have the right to immediately investigate your account and any Related Account, if:
We are required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority;
The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
The account is, or is related to any account that is, the property of a Sanctioned Person;
The account was used to facilitate a ransomware payment;
The account has not been accessed in two years or more.
We may, in our sole discretion, give Written Notice that your account is the subject of an investigation and may, in our sole discretion, share the general nature of the investigation, if permitted to do so by law.
If we suspect that an account has committed a Conduct Violation that pertains to our Marketplace Conduct Rules, we will give Written Notice and share the general nature of the allegations as well as the specific provisions of our Marketplace Conduct Rules that appear to have been violated. You will have the right to submit, within seven calendar days from the date of notification, a written statement explaining why no disciplinary action should be taken.
You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement, nor refuse to comply with any request made pursuant to this User Agreement. Following the conclusion of an investigation, we will make, at our sole discretion, a determination based upon the weight of the evidence.
To ensure a fair, transparent, and efficient environment for all users, we have established the following Conduct Rules. By signing up and using the Nexa360 app, you agree to comply with these rules.
User Responsibilities
Accuracy of Information: Users must provide accurate and up-to-date information in their profiles and any job descriptions or related content created using the Nexa360 app. Misrepresentation or falsification of information is strictly prohibited.
Compliance with Laws: Users must comply with all applicable local, state, and federal laws and regulations while using the Nexa360 app. This includes, but is not limited to, employment laws, data protection regulations, and intellectual property laws.
Respectful Communication: Users must engage in respectful and professional communication with other users. Harassment, discrimination, abusive language, or any form of misconduct will not be tolerated.
Prohibited Content: Users are prohibited from creating, sharing, or distributing any content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable. This includes content that infringes on the intellectual property rights of others.
Data Privacy and Security: Users must safeguard the privacy and security of personal data. Sharing sensitive personal information without proper authorization is prohibited. Users must also adhere to Nexa360’s data privacy policies and terms of service.
Conduct
Fair Use: Users must use the Nexa360 app fairly and reasonably, without causing harm or disruption to the app or its services. Any attempt to exploit or abuse the app’s functionalities is prohibited.
Prohibited Activities: Users must not engage in activities that could harm the integrity of the Nexa360 marketplace, including, but not limited to:
Manipulating or interfering with the app’s AI algorithms or job description generation process.
Engaging in fraudulent activities or creating fake accounts.
Attempting to gain unauthorized access to other users’ accounts or data.
Evaluation Criteria: When evaluating user activities, Nexa360 may consider factors such as:
Whether the user’s intent was to mislead others or manipulate job descriptions.
The impact on other users and the overall marketplace.
The user’s historical pattern of activity on the platform.
The frequency and nature of content creation and modification activities.
The size and scope of user-generated content relative to market conditions.
The duration and exposure of content within the marketplace.
The effect of user actions on the visibility and accessibility of other users’ content.
Reporting Violations: Users are encouraged to report any violations of these Marketplace Conduct Rules to Nexa360’s support team. Nexa360 will investigate and take appropriate action, which may include account suspension or termination.
Account Management
Account Suspension and Termination: Nexa360 reserves the right to suspend or terminate user accounts for violations of these Marketplace Conduct Rules or any other terms of service. Suspended or terminated accounts may result in the loss of access to data and services.
User Cooperation: Users must cooperate with Nexa360 during any investigation of potential violations. Failure to cooperate may result in account suspension or termination.
Changes to the Rules
Nexa360 reserves the right to update or modify these Conduct Rules at any time. Users will be notified of any significant changes, and continued use of the app constitutes acceptance of the updated rules.
Contact Us
If you have any questions or concerns regarding these Conduct Rules, please contact Nexa360’s support team at support@clarityops.co
By using the Nexa360 app, you acknowledge that you have read, understood, and agree to abide by these Conduct Rules.
Account Remedies for Breach
You agree and understand that if you, your account, or any associated account (hereinafter referred to as a "Related Account") is determined, in our sole discretion, to have committed a breach of our conduct rules, ClarityOps LLC has the right to take the following actions:
Reversal of Benefits: We may debit from your account or any Related Account (i) the value of any discounts or benefits that you or the holder of a Related Account has received in connection with this User Agreement at any time within one year preceding the date on which we become aware of the breach, and (ii) any other damages suffered by Nexa360 as a result of the breach.
Freeze/Lock/Seize Access: We have the right to freeze, lock, or seize your access to the Nexa360 application and any associated services where your breach has impacted the integrity or functionality of our services. This may include suspension of your ability to access existing JDs, create new JDs or manage job descriptions.
Joint and Several Liability: If we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other user to commit a breach, you and that user will be jointly and severally liable for the entire value of any damages to which we are entitled under this subsection. Any such amounts may be debited, in our sole discretion, from your account or that user’s account, or in each case, any Related Account.
Offsetting Negative Balances: You agree and understand that we have the right to offset:
(i) Negative balances in your account by charging the necessary amount to cover the negative balance.
(ii) Any and all debts owed to Nexa360 through the offset of balances of your account or any Related Account.
Suspension of Services: In the event of a breach, we reserve the right to suspend your access to Nexa360 services until a determination has been made regarding the breach. This includes suspending your ability to create, modify, or manage job descriptions.
Termination of Account: We reserve the right to terminate your account or any Related Account if the breach is severe and/or repeated, causing significant harm to Nexa360’s operations or reputation.
If you disagree with any determination made or remedy exercised under this subsection, you may bring an arbitration action pursuant to the 'Dispute Resolution' section of this User Agreement.
By using Nexa360, you acknowledge and agree to comply with these terms regarding account remedies for breaches.
Account Termination
You agree and understand that we have the right to terminate your access to Nexa360 and any account at any time and for any reason, including for violation of this User Agreement or applicable law. If we do so, your rights and obligations under this User Agreement will continue. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or applicable laws and regulations.
If your account is terminated, we will return any remaining funds, less the value of any discounts, rebates, debts owed to Nexa360, offsets, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any discounts, rebates, debts owed to Nexa360, offsets, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law.
Subject to any rights Nexa360 may have against the balance of your account, if there is a balance remaining, you agree to provide us with a valid bank account or digital payment address within thirty calendar days upon receiving written notice, so that we can return the remaining balance to you. By using Nexa360, you acknowledge and agree to comply with these terms regarding account termination.
Legal Process
You agree and understand that we, as well as our affiliates, service providers, their respective officers, directors, agents, joint venturers, employees and representatives (collectively, the “Nexa360 Service Providers”), may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which any of us reasonably and in good faith believe to be valid. We and any Nexa360 Service Provider may, but are not required to, notify you of such process by electronic communication. We and any Nexa360 Service Provider may charge you for associated costs, in addition to any legal process fees. You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, or damages associated with our compliance with any process that any of us reasonably believe in good faith to be valid. You further agree that we and any Nexa360 Service Provider may honor any legal process, regardless of the method or location of service.
Right of Offset
You agree and understand that ClarityOps LLC reserves the right to offset any outstanding balances or amounts owed by you against any funds or payments due to you. This includes, but is not limited to, fees, costs, expenses, or other obligations incurred through your use of our services. In the event of a dispute regarding any amounts owed, ClarityOps LLC may, at its sole discretion, withhold the disputed amount until the issue is resolved. By using Nexa360, you authorize us to take any necessary actions to recover amounts owed, including but not limited to, debiting your account or seeking reimbursement through other legal means.
Patriot Act Notification
Please note that Section 326 of the USA PATRIOT Act requires institutions, including non-financial organizations, to obtain, verify, and record information that identifies each person who creates an account. This federal requirement applies to all new users of Nexa360. This information helps the United States government in its efforts to combat the funding of terrorism and money-laundering activities.
What this means to you: When you open an account on Nexa360, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to verify your identity. This process ensures the integrity and security of our platform while complying with federal regulations.
Sanctions Programs
Pursuant to the economic sanctions programs administered in the countries where we conduct business, including, but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required, in accordance with an OFAC sanctions program, other applicable government sanctions programs, or our policies designed to comply with these sanctions programs, we may: (i) suspend your account; (ii) terminate your account; (iii) restrict your account; (iv) return funds to the destination of their origin or to an account specified by authorities; (v) block funds in your account that are the property of a Sanctioned Person (defined in the ‘Export Controls’ section below), or (vi) require you withdraw funds from your account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law and Regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Prohibited Activity
ClarityOps LLC does not permit the use of the platform for any prohibited activity in a Nexa360 Account, including but not limited to: use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, assist in violation of, or cause Nexa360 to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”).
You agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the assets in all such accounts, and (iii) suspend your access to Nexa360, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity policy.
ClarityOps
ClarityOps specializes in enhancing business operations through innovative solutions, helping companies streamline their processes to achieve better, faster, and smarter outcomes. By leveraging data-driven insights, ClarityOps empowers organizations to make informed decisions that enhance their competitiveness and operational efficiency.
Core Services
Operational Efficiency: ClarityOps focuses on improving the planning, organization, and execution of business operations. Their services are designed to ensure that businesses can operate smoothly and effectively, minimizing downtime and maximizing productivity.
Data-Driven Decision Making: Through advanced analytics and data insights, ClarityOps provides businesses with the information they need to make strategic decisions. This helps companies stay ahead of the competition by making informed choices based on real-time data.
Continuous Innovation: ClarityOps emphasizes the importance of continuous improvement and innovation in business operations. They assist organizations in adapting to changing market conditions and evolving business needs, ensuring sustained growth and success.
Key Benefits
Enhanced Clarity and Efficiency: By clearly defining roles and responsibilities within an organization, ClarityOps helps eliminate confusion and overlap, leading to more efficient workflows.
Improved Team Collaboration: ClarityOps employs strategies that enhance team collaboration, ensuring that all team members are aligned and working towards common goals.
Flexibility in Operations: Recognizing the importance of adaptability, ClarityOps helps businesses incorporate flexibility into their operations, making them more resilient and responsive to changes.
Approach and Philosophy
ClarityOps adopts a client-centric approach, tailoring their solutions to meet the specific needs of each business. They believe in the power of clarity in roles and responsibilities, continuous learning, and the importance of diversity and inclusion in the workplace. These principles are central to their philosophy and guide their strategies for helping businesses succeed.
Disrepute Upon You or Nexa360
Neither you nor any related party may access Nexa360 in any way which could be expected to bring disrepute upon you or Nexa360
Acts Detrimental to Nexa360
It is a violation of this User Agreement to engage in any act detrimental to Nexa360, including any conduct that is inconsistent with principles established by relevant regulatory and advisory bodies. Abusive practices, including without limitation, disruptive, deceptive, manipulative, noncompetitive, or unfair actions are strictly prohibited.
Specifically, the following acts apply to users of Nexa360:
Fraudulent Activities: Any attempt to deceive or manipulate the platform, its users, or the data within it is strictly prohibited. This includes falsifying information, impersonating others, or engaging in any form of deceptive behavior, as outlined by the Federal Trade Commission (FTC), which protects consumers and promotes competition by preventing anticompetitive, deceptive, and unfair business practices.
Manipulation of Data: Users must not manipulate or tamper with data within Nexa360 in a way that distorts its accuracy or misrepresents information. This includes artificially inflating metrics, suppressing relevant data, or engaging in any form of data manipulation. The National Institute of Standards and Technology (NIST) provides guidelines and standards for technology and cybersecurity that help ensure compliance and prevent such disputes.
Unfair Competition: Practices that unfairly disadvantage other users or entities within Nexa360 are strictly prohibited. This includes actions such as sabotaging competitors, engaging in price-fixing, or any other form of anti-competitive behavior, which can be addressed through platforms like the Better Business Bureau (BBB) and the American Arbitration Association (AAA) that help resolve disputes through mediation and arbitration.
Violations of these standards will result in appropriate action, which may include suspension or termination of access to Nexa360.
Non Supervision
You shall be responsible for establishing, maintaining, and administering reasonable, written supervisory procedures to ensure that you and any related parties comply with all Applicable Laws and Regulations. You may be held accountable for the actions of a related party. In addition, you shall be responsible for supervising related parties and may be held accountable for the actions of such related parties.
Disruptive Practices
Neither you nor any related party shall engage in any practices or conduct on Nexa360 that:
Demonstrates intentional or reckless disregard for the orderly creation and management of job descriptions; or
Is, is of the character of, or is commonly known as spamming (repeatedly submitting irrelevant or inappropriate content with the intent to disrupt the system).
All job descriptions and management actions must be executed with bona fide intentions. Additionally, all non-actionable messages must be placed in good faith for legitimate purposes.
You shall not submit or cause to be submitted a job description or management action with the intent, at the time of entry, to cancel or modify it before it has been reviewed or used.
You shall not submit or cause to be submitted any message or content with the intent to mislead other users.
You shall not submit or cause to be submitted any message or content with the intent to overload, delay, or disrupt the systems of Nexa360 or other users.
You shall not submit or cause to be submitted any message or content with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of job description creation and management.
Intimidation/Coordination
Neither you nor any related party shall:
Coordinate job description content or management actions with any other user or any other person;
Direct or request another user to alter a job description or its content; or
Engage, directly or indirectly, in any conduct that threatens, harasses, coerces, intimidates, or otherwise attempts improperly to influence another user or any other person.
This includes, but is not limited to, any attempt to influence a user or person to adjust or maintain a job description or its content on Nexa360 or any related platform, or any refusal to collaborate or any other conduct that retaliates against or discourages the competitive activities of another user or person.
Nothing in this Marketplace Conduct Rule with respect to the coordination of job descriptions or management actions shall be deemed to limit, constrain, or otherwise inhibit the freedom of you or any related party to unilaterally:
(i) Set your own job description parameters,
(ii) Determine the content of your job descriptions, and
(iii) Decide the scope and requirements of the job descriptions you manage, provided that such conduct is otherwise in compliance with all Applicable Laws and Regulations.
These provisions apply to the entire Nexa360 platform at all times.
Data Security and Insurance
We maintain commercial crime and cybersecurity insurance for the data we custody on your behalf in our online systems and Nexa360's servers. Our insurance policy is made available through a combination of third-party insurance underwriters.
Our policy insures against the theft of data from our systems that results from a direct security breach or hack of Nexa360's systems, a fraudulent transfer initiated by Nexa360, or theft by a Nexa360 employee.
Our policy does not cover any losses resulting from any unauthorized access to your User Account. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your User Account and/or your Nexa360 Account. Please see the 'Account Access' section for more information.
Disclaimer
By using Nexa360, you agree and understand that we and/or any Nexa360 Service Provider are not responsible for any non-Nexa360 Customer's use of the Nexa360 platform or for any third party that interacts with Nexa360. You also agree and understand that you will not involve us and/or any Nexa360 Service Provider in any dispute involving a non-Nexa360 Customer or a third party that interacts with Nexa360.
You further agree and understand that we and/or any Nexa360 Service Provider are not responsible for your use (or misuse) of Nexa360 and that you will not involve us and/or any Nexa360 Service Provider in any dispute involving your use (or misuse) of Nexa360.
In any event, you hereby agree to indemnify us and/or any Nexa360 Service Provider for any and all costs, including legal costs, which are reasonably incurred by us and/or any Nexa360 Service Provider and related to any such disputes.
Questions, Feedback, and Complaints
If you have questions, feedback, and complaints please see the ‘Questions, Feedback, and Complaints’ section of this User Agreement. If you are located in the State of New York, please refer to the ‘New York User Complaints’ section. If you are located in the State of Oregon, please refer to the ‘Oregon User Complaints’ section. If you are located in the State of Texas, please refer to the ‘Texas User Complaints’ section.
Referral Program
Any referral program or other referral promotions offered by Nexa360 and ClarityOps LLC will be contained on the Nexa360 page.
Privacy of Information
You agree that the information contained in your User Account and Nexa360 Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. We agree that we will keep such information confidential, subject to the following paragraph.
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Nexa360’s Privacy Policy, which is incorporated into this User Agreement by reference.
Recording and Recordkeeping
You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your User Account, Nexa360 Account, and use of Nexa360.
General Use
Code of Conduct
We work hard to make Nexa360 safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of our Code of Conduct and this User Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will terminate your account.
Proprietary Rights and Limitations on Use
Nexa360 is our proprietary platform. Nexa360 is protected by copyright and other intellectual property laws.you agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Nexa360 source code or similar proprietary or confidential data or other similar information provided via Nexa360, without our express prior written consent. You may not use Nexa360 for any unlawful purpose.
We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Nexa360 and other informational content through Nexa360 in accordance with our API Agreement, and this User Agreement. All other uses are prohibited. All rights in and to Nexa360, and not granted herein, are reserved.
Nexa360 and the Nexa360 logo (whether registered or unregistered) (the “Nexa360 Marks”) are proprietary marks licensed to ClarityOps LLC and are protected by applicable trademark laws. Nothing contained in this User Agreement should be construed as granting any license or right to use any of the Nexa360 Marks without our express written consent. Any unauthorized use of the Nexa360 Marks is strictly prohibited.
Additionally, you may not use any of the Nexa360 Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products or services (e.g., software, applications, platforms, or any other commercial offerings) without a separate written agreement with us. This includes any use where the price, return, and/or performance of a product or service is based on, derived from, or related to Nexa360 or any portion thereof.
We may also use technology that is the subject of one or more pending patent applications.
Service Modifications
You agree and understand that we may modify part of or all of Nexa360 without notice.
Downtime and Maintenance
You agree and understand that part of or all of Nexa360 may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”).
You agree and understand that Nexa360 is not liable or responsible for any inconvenience or damage resulting from Downtime. Following Downtime, when services resume, you understand that conditions and data may differ significantly from those prior to such Downtime.
Risks
Please note the following risks in accessing or using Nexa360:
Data Integrity and Loss Risks: The risk of data loss or corruption may be substantial, and losses may occur over a short period of time.
Service Availability Risks: The availability and performance of Nexa360 may be subject to large fluctuations due to maintenance, technical issues, or other factors.
Regulatory Risks: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, and storage of data within Nexa360.
Unregulated Status: In your jurisdiction, Nexa360 may not be regulated as a technology service provider.
Insurance Limitations: Data and transactions within your Nexa360 Account are not subject to insurance protection, including, but not limited to, deposit insurance or other regulatory protections.
Data Recovery Risks: Transactions and changes within Nexa360 may be irreversible, and losses due to fraudulent or accidental modifications may not be recoverable.
Cybersecurity Risks: The nature of digital platforms may lead to an increased risk of fraud or cyber attack, and technological difficulties experienced by Nexa360 may prevent access to or use of your data.
Third-Party Interaction Risks: Interactions with third-party services or integrations may pose additional risks, including security vulnerabilities and compliance issues.
Market Condition Risks: Conditions and data within Nexa360 may differ significantly after periods of Downtime, impacting the accuracy and usability of the platform.
User Responsibility: You are solely responsible for managing and maintaining the security of your User Account login credentials and any other required forms of authentication.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Nexa360 does not give advice or recommendations regarding the use of its platform. You agree and understand that you access and use Nexa360 at your own risk; however, this brief statement does not disclose all of the risks associated with using Nexa360. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and business needs. You should be aware that you may sustain a total loss of data or access to Nexa360 services under certain conditions.
Third-Party Websites
Nexa360 may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Nexa360 has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Nexa360 is providing these links or/and information from these websites to you only as a convenience.
Third-Party Service Providers
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Third-Party Information Accuracy and Usage
You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your connected services to us. By using Nexa360, you agree to grant third-party providers that we may engage, the right, power, and authority to access and transmit your data, activity, and personal information from one or more of your connected services to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Nexa360, you agree to grant third-party providers that we may engage the right, power, and authority to access and submit your data, activity, and personal information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.
Accessing Nexa360
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Nexa360 or any Nexa360 Service Provider under any circumstances, or perform any functions that are not authorized by this User Agreement. You should never access Nexa360 from an unsecured or public computer and/or network for your own safety.
Press Guidelines
We encourage and hereby authorize press and media to refer to Nexa360, provided that any reference is accompanied by:
Attribution to Nexa360, and
A hyperlink to Nexa360.ai, when possible.
For all press and media inquiries, please email Compliance@clarityops.co
Prohibited Use
Sanctions and Export Controls
By using Nexa360.ai, you agree to comply with all applicable U.S. and international sanctions and export control laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce.
Prohibited Uses:
You may not use Nexa360.ai to engage in any transactions or activities with individuals, entities, or countries that are subject to U.S. sanctions, including those listed on the OFAC Specially Designated Nationals (SDN) List or other restricted party lists.
You may not export, re-export, or transfer any part of Nexa360.ai to any destination, person, entity, or end-user prohibited by U.S. or international export control laws without obtaining any required export license or other governmental approval.
User Responsibilities:
It is your responsibility to ensure that your use of Nexa360.ai complies with all applicable sanctions and export control laws and regulations.
You are responsible for conducting due diligence to ensure that your activities do not violate any sanctions or export controls, including verifying that no prohibited parties are involved in your transactions.
Reporting and Compliance:
Nexa360.ai reserves the right to monitor compliance with these requirements and may take necessary action, including terminating access to our services, for any user found to be in violation of applicable sanctions and export control laws.
If you become aware of any potential violations, you must immediately report them to Nexa360.ai at compliance@nexa360.ai.
Legal Consequences:
Violations of sanctions and export control laws can result in severe penalties, including substantial fines and criminal charges. Nexa360.ai will cooperate with relevant authorities in investigating and addressing any such violations.
By using Nexa360.ai, you acknowledge that you have read, understood, and agree to comply with this "Sanctions and Export Controls" section and all applicable laws and regulations.
For any questions or further information regarding compliance, please contact us at compliance@clarityops.co
General Provisions
You agree and understand that you are legally bound by the terms and conditions set forth in this User Agreement, which governs your use of Nexa360 and the services we provide. By clicking “I AGREE” during the account creation process, you acknowledge and accept that you are legally bound by the terms and conditions of this User Agreement and confirm that you have received the disclosures provided herein. If you do not agree to be legally bound by these terms and conditions, do not click “I AGREE” and please refrain from visiting, accessing, or using Nexa360 in any capacity or manner. Whether or not you click “I AGREE,” by signing up for an account and using Nexa360 in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this User Agreement (including any changes or amendments) in their entirety.
Disclaimer of Warranties
You expressly understand and agree that your use of Nexa360 and any services provided by ClarityOps LLC through Nexa360 is at your sole risk. Nexa360 and all related services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, ClarityOps LLC, its subsidiaries, affiliates, and licensors do not warrant that:
The services will meet your requirements;
The services will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from the use of the services will be accurate or reliable;
The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations; and
Any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from ClarityOps LLC or through or from the services shall create any warranty not expressly stated in this User Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any jurisdiction does not allow the exclusion of certain warranties, the scope and duration of such warranty shall be the minimum permitted under applicable law.
Disclaimer of Liability
To the fullest extent permitted by applicable law, ClarityOps LLC, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
The use or the inability to use Nexa360 and any related services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into, through or from Nexa360;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on Nexa360;
Any other matter relating to Nexa360 or the services provided.
You expressly understand and agree that ClarityOps LLC shall not be liable for any damages arising from the interruption, suspension, or termination of Nexa360 services, including but not limited to direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
In no event shall ClarityOps LLC’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using Nexa360 and the services during the twelve (12) months immediately preceding the date of the claim or one hundred U.S. dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination or expiration of this User Agreement or your use of Nexa360 and the services provided.
By using Nexa360, you agree to the terms and conditions set forth in this Disclaimer of Liability. If you do not agree, please do not access or use Nexa360.
Reasonable Care
We agree to exercise reasonable care and use commercially reasonable efforts in fulfilling our responsibilities to you as outlined in this User Agreement, or to a higher standard of care where required by law or as specified in this User Agreement.
You acknowledge that we cannot be held responsible for any failure or delay to act by any Nexa360 Service Provider, including our partners or other participants, within the time limits permitted by this User Agreement or prescribed by law, or for delays caused by your negligence.
Furthermore, you agree that neither we nor any Nexa360 Service Provider can be held liable for any erroneous actions or system failures, defined as failures of any computer hardware or software used by Nexa360, a service provider, or any telecommunications lines or devices used by Nexa360 or a service provider, as well as downtime, which prevents us from fulfilling our obligations under this User Agreement. This exclusion of liability applies provided that we or the relevant service provider used commercially reasonable efforts to prevent or limit such errors, failures, or downtime. Additionally, you agree that neither we nor any Nexa360 Service Provider can be held responsible for any other circumstances beyond our or the service provider's reasonable control.
You also agree and understand that any act or omission made by us or any Nexa360 Service Provider in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in New York, or any rule or regulation of the State of New York, the New York State Department of Financial Services, or a federal agency having jurisdiction over such party, shall constitute reasonable care and be commercially reasonable.
We strive to provide you with a reliable and secure platform, which includes our services. However, interruptions, errors, or other service deficiencies may occur due to a variety of factors, some of which are beyond our control. These factors can contribute to delays, errors in service, or system outages, and you may experience difficulties in accessing your Nexa360 Account, managing your job descriptions, or using other features of the platform.
Force Majeure
You agree and understand that in no event shall we or any Nexa360 Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Nexa360 Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
Indemnities
In no event shall we or any Nexa360 Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this User Agreement or your use or attempted use of Nexa360. You agree to indemnify and hold us and all Nexa360 Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Nexa360, or our and any Nexa360 Service Providers’ performance or nonperformance of duties to you.
If you are a California resident, you waive California Civil Code Section 1542, which states:
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Legal Costs
You agree to indemnify us and any Nexa360 Service Provider for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of Nexa360. As a result, we will be entitled to charge your Nexa360 Account for such costs without notice, including legal and enforcement related costs that we incur.
Entire Agreement
This User Agreement, our Privacy Policy, our API Agreement, Custody Agreement, and our Market Data Agreement, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and ClarityOps LLC as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us. By your acceptance of this Agreement, you acknowledge that you have read, understand, and agree to the Authorization Agreement, and any modifications thereof, as of the time you accept this Agreement.
Separately Negotiated Arrangements
From time to time, we may, subject to applicable laws and regulations and as determined by us in our sole discretion, enter into separately negotiated arrangements with certain Nexa360 Customers pursuant to a confidential side letter or similar agreement that supplements certain of the economic or other terms of this User Agreement. These arrangements apply solely to that Nexa360 Customer’s relationship with and use of Nexa360 and may involve, among other matters:
Different incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments;
The ability to receive additional or customized market information not generally available to other Nexa360 Customers (subject to the terms of the Nexa360 API Agreement);
Preferred access to Nexa360 Customer service resources;
An agreement to permit representatives of such Nexa360 Customer to serve on any customer representative bodies or advisory committees that we may form;
An agreement to provide such Nexa360 Customer with incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments, in connection with their creation, holding, and/or use of Nexa360 services.
Any such separately negotiated arrangements will be entered into based on factors or considerations determined by us to be relevant in our sole discretion. Arrangements or terms offered to one Nexa360 Customer generally are not available to all, or even any, other Nexa360 Customers. Examples of factors we may consider in deciding whether to negotiate customized terms via a confidential side letter or similar agreement include, but are not limited to:
Whether a Nexa360 Customer plans to or is expected to conduct a significant or high volume of activity on our platform;
Whether a Nexa360 Customer is subject to specific and unique legal, tax, or regulatory obligations or requirements.
You agree and understand that you, nor any other Nexa360 Customer, shall have any right or legal recourse against us or any Nexa360 Customer that receives additional or different rights or terms as a result of a separately negotiated arrangement. You further agree and understand that the validity or enforceability of the terms and conditions of this User Agreement entered into by and between you and ClarityOps LLC shall not be affected by the existence or the terms and conditions of any separately negotiated arrangement with any Nexa360 Customer.
Assignment
This User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Relationship of the Parties
You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
Injunctive Relief
You agree and understand that your obligations and the obligations of each user set forth in this User Agreement are necessary and reasonable in order to protect us and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this User Agreement. Accordingly, you agree and understand that any such violation or threatened violation shall cause irreparable injury to the us and that, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to obtain injunctive relief against any threatened breach of this User Agreement or your continuation of any such breach, without the necessity of proving actual damages.
Severability
You agree and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
Change of Control
In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival
You agree and understand that all provisions of this User Agreement, which by their nature extend beyond the termination or expiration of this User Agreement, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of Nexa360, disputes with us, and general provisions, shall survive the termination or expiration of this User Agreement.
Miscellaneous
Section headings in this User Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this User Agreement. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” and words of similar import, when used in this User Agreement, shall refer to this User Agreement as a whole and not to any particular provision of this User Agreement; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used in this User Agreement, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
English Language Controls
Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.
Written Notice
If we send an email to the email address on record for your User Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. If you visit our Help Center, this constitutes Written Notice from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Business Day
A business day (“Business Day”) shall mean any day other than a Saturday, a Sunday, or day when federal banks located in the State of New York are closed for a legal holiday or by government directive.
Non-Waiver of Rights
This User Agreement shall not be construed to waive rights that cannot be waived under Applicable Laws and Regulations, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon your strict compliance with any term or provision of this User Agreement shall not be construed as a waiver for you to not comply with such term or provision.
Governing Law
This User Agreement, your use of Nexa360, your rights and obligations, and all actions contemplated by, arising out of, or related to this User Agreement shall be governed by the laws of the State of CALIFORNIA, as if this User Agreement is a contract wholly entered into and wholly performed within the State of New York. YOU AGREE THAT ALL ACTIVITIES, INCLUDING BUT NOT LIMITED TO CREATING, MANAGING, AND USING JOB DESCRIPTIONS ON NEXA360, AND ALL OTHER ACTIONS CONTEMPLATED BY THIS USER AGREEMENT, SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Dispute Resolution
You and Nexa360 agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or your relationship with ClarityOps LLC., — past, present, or future — shall be settled solely and exclusively by binding arbitration held in the county in which you reside, or another mutually agreeable location, including remotely by way of video conference administered by National Arbitration and Mediation ("NAM") and conducted in English, rather than in court. You and ClarityOps LLC., expressly agree that any dispute about the scope of this User Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You and ClarityOps LLC., expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You and ClarityOps LLC., agree to keep any arbitration strictly confidential.
You and ClarityOps LLC., agree that this arbitration provision applies not just to disputes between you and ClarityOps LLC., but also to (a) disputes with ClarityOps LLC., and any other party named or added as a co-defendant along with ClarityOps LLC., at any time, and (b) disputes in which a party is named as a defendant involving claim(s) arising from or related to this User Agreement or any other ClarityOps LLC., agreement or program terms, even if ClarityOps LLC., or Nexa360 are not named or added as a defendant. Any such co-defendant or defendant is a third-party beneficiary entitled to enforce this arbitration provision.
You and ClarityOps LLC., agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law.
You and ClarityOps LLC., agree that this arbitration provision evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall preempt all state laws to the fullest extent permitted by the law.
You and ClarityOps LLC., agree that good-faith, informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to ClarityOps LLC.,must be sent to support@clarityops.co (“Notice Address”). Any Dispute Notice to you by ClarityOps LLC., will be sent to the email address registered with your Nexa360 Account. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute, including any relevant facts regarding ClarityOps LLC., or your use of Nexa360; (c) an explanation of the specific relief sought, including the total damages sought, if any, and the basis for the damage calculations; (d) a signed statement from the party providing the Dispute Notice verifying the accuracy of the contents of the Dispute Notice; and (e) if the dispute is from you, and you have retained an attorney, a signed statement from you authorizing ClarityOps LLC., to disclose your account details to your attorney if necessary in resolving your claim or dispute. Any Dispute Notice from you must be individualized, meaning it can only concern your dispute and no other person’s dispute. And any Dispute Notice from ClarityOps LLC., must be individualized, meaning it can only concern you and no other person. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
If you and ClarityOps LLC., do not reach an agreement to resolve a claim within 60 days after a Demand Notice is received, you or ClarityOps LLC., may commence an arbitration proceeding; except that, if either you or ClarityOps LLC., send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.
Should any dispute proceed to arbitration, you and ClarityOps LLC., agree that any such arbitration shall be conducted in accordance with the prevailing NAM rules and procedures (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), with the following exceptions to the NAM Rules if in conflict:
The arbitration shall be conducted by one neutral arbitrator;
All pleadings submitted in arbitration are subject to the standards set forth in Federal Rule of Civil Procedure 11, which, among other things, permits sanctions to be imposed where pleadings are submitted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall apply the Apex Doctrine and preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.
Additionally, if, at any time, 25 or more similar demands for arbitration are asserted against either party or their related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:
NAM’s Mass Filing Rules shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Dispute Resolution section, to be part of a Mass Filing.
Any Mass Filing shall be subject to a bellwether proceeding intended to reach a fair and speedy resolution of all claims included in the Mass Filing. In any Mass Filing, NAM shall select 15 demands for arbitration to proceed (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filings may be filed, processed, or adjudicated, and no filing fees for such a demand for arbitration shall be due from either party to the administrator. Any applicable statute of limitations regarding such a demand for arbitration shall remain tolled beginning when the Mass Filing claimant first provided the other party with its Dispute Notice, as defined above.
Following the resolution of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Filing. The mediation shall be administered by NAM. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within 30 days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be administered by NAM on an individual basis pursuant to the NAM Rules.
You and ClarityOps LLC., agree to abide by all decisions and awards rendered in such proceedings and you and ClarityOps LLC., agree that such decisions and awards rendered by the arbitrator shall be final and conclusive, except for any appeal rights under the FAA.
To the extent you or ClarityOps LLC., seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this User Agreement or the breach thereof, or your relationship with ClarityOps LLC.,, you and ClarityOps LLC., agree that this User Agreement restricts you or ClarityOps LLC., from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you and ClarityOps LLC., agree that, to the extent either party breaches this User Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.
Notwithstanding the foregoing obligation to settle disputes through arbitration, you or ClarityOps LLC., may assert claims, if they qualify, in small claims (or an equivalent) court in New York County or any United States county where you live. However, if the claims are transferred, removed, or appealed to a different court, they shall be subject to arbitration.
You and ClarityOps LLC.,agree that you or ClarityOps LLC., may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You and ClarityOps LLC., irrevocably and unconditionally agree to waive any objection that you or ClarityOps LLC., may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the federal or state courts located in the State of New York.
You and ClarityOps LLC., agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. In arbitration the parties waive their rights to have a jury trial.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN THE PARTIES AGREE THAT YOU AND CLARITYOPS LLC.,:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR THE SERVICES THAT CLARITYOPS LLC., PROVIDES OR ANY OTHER MATTER INVOLVING US HERETO, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You and ClarityOps LLC., agree to arbitrate solely on an individual basis, and agree and understand that this User Agreement does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Representative and Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis.
If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force. In any case in which (1) the dispute is filed as a class or representative action and (2) there is a final judicial determination that all or part of the Representative and Class Action Waiver is unenforceable, the class and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Representative and Class Action Waiver that is enforceable shall be enforced in arbitration. Additionally, if a court determines that a public injunctive relief claim may proceed notwithstanding the Representative and Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court after any individual claims are arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded in arbitration.
EVEN IF YOU AND CLARITYOPS LLC HAVE ENTERED INTO ANY OTHER AGREEMENT, THESE DISPUTE RESOLUTION TERMS SHALL GOVERN THE RESOLUTION OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE RELATIONSHIP BETWEEN YOU AND CLARITYOPS LLC, EXCEPT AS PROVIDED BELOW. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION IN THIS DISPUTE RESOLUTION CLAUSE OR THIS USER AGREEMENT, ALL DISPUTES ARISING FROM OR RELATING TO YOUR USE OF NEXA360 SHALL BE GOVERNED EXCLUSIVELY BY THIS ARBITRATION CLAUSE.
You agree that this section of this User Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this User Agreement shall be admissible in judicial or administrative proceedings.
Customers may contact Nexa360 Customer Support with any account inquiries at our Help Center; or by sending an email to support@clarityops.co. Please note that customers are encouraged to contact Nexa360 Customer Support at any time.
Complaints should be in writing:
Information that you should include in your written complaint:
Your name, address, email address, and telephone number.
Name of the institution the complaint is against, name of the branch office (if applicable), address, and telephone number.
Detailed description of the specific complaint against the institution, giving the dates involved, and the names of the people with whom you dealt.
Names, addresses, and telephone numbers of the persons you have dealt with who are important to your complaint.
Copies (not originals) of all pertinent documents, such as contracts, letters, receipts, and statements.
Description of the resolution you desire or would find acceptable.
Your signature and the date signed.
Questions, Feedback, and Complaints
If you have any questions, would like to provide feedback, or would like more information about Nexa360, please feel free to reach out or visit our Help Center.
If you would like to lodge a complaint, please contact our Customer Support Team using one of the following methods:
Contact our customer support team by visiting our Help Center
Write an email to Customer Support at: support@clarityops.co
Submissions to Nexa360
We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Nexa360 Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Nexa360 to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using Nexa360 can and may be read by us, regardless of whether we are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by employees and Nexa360 Service Providers that reasonably need such access.