Terms & Conditions

01 Company & Service Overview and Definitions

Legal Entity: NexOrdr ("Nexordr", "we", "us", or "our") provides technology solutions for businesses, including:

• SaaS-based online ordering systems.
• Website and mobile application solutions, including white-label services.

Definitions:

• Client / Merchant: Any individual or business using NexOrdr's services.
• End User: A customer placing orders through a Client's website, application, or ordering platform.
• Platform: The complete NexOrdr software ecosystem, including its websites, applications, dashboards, APIs, and related services.

NexOrdr acts as a technology provider only. Clients operate their own businesses independently and remain responsible for their business activities, products, services, and customer relationships.

02 Account Registration & Usage

• You must be at least 18 years old, or represent a legally registered business entity in your country, to use the Platform.
• Clients must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality and security of your account and login credentials.
• You must promptly notify NexOrdr if you suspect unauthorized access to your account.
• NexOrdr reserves the right to suspend or terminate accounts involved in misuse, fraudulent activity, or violations of these Terms.

03 Subscription, Pricing & Payments

• The Platform may be offered through monthly and yearly subscription plans, as well as one-time license options where applicable.
• Subscription fees are payable in advance according to the selected billing cycle.
• Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.
• In case of late payment or non-payment, access to the Platform may be suspended or terminated until outstanding dues are cleared.
• Fees paid for an activated subscription period are non-refundable, except where a refund is required under applicable law.
• NexOrdr may revise its pricing by providing at least 30 days' prior notice. Revised pricing will apply as communicated in the notice and subject to applicable law.
• All applicable taxes, duties, and government levies are the Client's responsibility unless otherwise stated.

04 White-Label & Licensing Terms

Subject to payment of applicable fees and compliance with these Terms, Clients receive a limited, non-exclusive, non-transferable license to use the Platform for their own business operations.

Restrictions:

• No reverse engineering, decompiling, disassembling, or attempting to access the Platform's source code, except where such restriction is prohibited by applicable law.
• No unauthorized resale, sublicensing, redistribution, or commercial exploitation of the Platform unless separately agreed in writing with NexOrdr.
• No removal or alteration of proprietary notices, trademarks, or intellectual property notices.

Ownership:

• NexOrdr retains ownership of the Platform's technology, software, source code, and architecture.
• Clients retain ownership of their business branding, content, and customer data, subject to applicable third-party rights.

05 Client Responsibilities

• Clients are solely responsible for managing their customers, orders, products, services, and business operations.
• Clients must comply with all applicable local, national, and international laws, including tax, food safety, consumer protection, privacy, and business regulations.
• Clients are responsible for maintaining accurate menus, product descriptions, prices, images, availability, and other published content.
• Clients must ensure that their products, services, and business activities are lawful.
• Disputes between Clients and their customers must be handled directly by the Client.

06 Platform Usage Rules

The following activities are strictly prohibited:

• Selling, listing, or promoting illegal goods or services.
• Conducting fraudulent, misleading, or deceptive transactions.
• Misusing, damaging, or disrupting the Platform's infrastructure or security.
• Sending spam or unsolicited communications through the Platform.
• Attempting unauthorized access to accounts, systems, or data.
• Using the Platform in a way that violates applicable laws or the rights of others.

A fair usage policy applies to all users to maintain system performance, availability, and reliability. NexOrdr may restrict access or suspend accounts where these rules are violated.

07 Third-Party Integrations

• The Platform may connect with third-party services, including payment gateways, delivery providers, communication services, and external APIs.
• NexOrdr does not control and is not responsible for the performance, availability, security, or failures of independent third-party services, to the extent permitted by law.
• Your use of third-party integrations is subject to the relevant provider's terms, conditions, and privacy policies.
• Third-party integrations may vary by region, provider, technical compatibility, and availability.
• Additional fees may apply to third-party services and are governed by the respective provider's pricing and terms.

08 Intellectual Property

• NexOrdr retains ownership of its software, UI/UX designs, code, system architecture, documentation, trademarks, and other proprietary materials.
• All intellectual property rights are protected under applicable laws and international agreements.
• Clients retain ownership of their branding, business content, and customer data.
• Unauthorized copying, reproduction, modification, or distribution of any part of the Platform is prohibited.

09 Data Protection & Backup Disclaimer

• NexOrdr implements reasonable technical and organizational measures to protect Platform data, including appropriate encryption and secure hosting practices.
• Although we take reasonable precautions, we do not guarantee uninterrupted data availability or zero data loss.
• Clients are encouraged to maintain independent backups of critical business information and records.
• Data collection, processing, storage, and protection practices are explained in our Privacy Policy.

10 Service Availability & SLA

• We aim to maintain reliable Platform availability but do not guarantee 100% uptime unless expressly agreed in a separate written SLA.
• Scheduled maintenance may occur periodically. We will provide advance notice wherever reasonably possible.
• Optional Service Level Agreements may define specific uptime commitments, response times, and support obligations.
• Our standard support response target is 24–48 business hours through email, WhatsApp, or the Platform dashboard.
• Actual resolution times may vary depending on the nature and complexity of the issue.

11 Termination Policy

• Clients may request termination of their subscription by contacting NexOrdr through email or an available dashboard option.
• NexOrdr may suspend or terminate access in cases of material breach of these Terms, non-payment, fraudulent activity, or unlawful use.
• Upon termination, Client data will be retained for up to 30 days, subject to applicable law and any overriding contractual or legal retention requirements.
• After the applicable retention period, data will be deleted or anonymized, subject to lawful exceptions and backup retention cycles.
• Clients are responsible for exporting their data before account closure.
• Any outstanding payment obligations accrued before termination remain payable.

12 Limitation of Liability

To the maximum extent permitted by applicable law, NexOrdr shall not be liable for:

• Loss of business, profits, revenue, goodwill, or anticipated savings.
• Missed orders, business interruptions, or losses arising from Client operations.
• Indirect, incidental, special, punitive, or consequential damages.
• Failures caused by third-party services, networks, or systems outside our reasonable control.

To the maximum extent permitted by law, NexOrdr's aggregate liability arising from or relating to the Platform or these Terms shall not exceed the fees actually paid by the relevant Client to NexOrdr during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

13 Indemnification

Clients agree to indemnify and hold harmless NexOrdr, its affiliates, officers, employees, and representatives against third-party claims, losses, liabilities, damages, and reasonable expenses arising from:

• The Client's business operations, products, or services.
• The Client's violation of applicable laws or third-party rights.
• The Client's breach of these Terms.
• The Client's misuse of the Platform or fraudulent activities.

This obligation applies to the extent that the claim arises from the Client's acts, omissions, or breach.

14 Grievance Redressal

Users in India may submit grievances relating to the Platform in accordance with applicable laws, including the Information Technology Act, 2000 and applicable rules, where relevant.

Grievance Contact:

• Email: sales@nexordr.com
• Initial acknowledgement target: Within 48 hours of receiving the complaint.

Users outside India may direct support requests and complaints to the same contact address. Statutory grievance timelines, where applicable, will prevail.

15 Governing Law & Dispute Resolution

• These Terms are governed by the laws of India, subject to applicable mandatory consumer protection and other laws.
• For Clients in India, disputes shall be subject to the jurisdiction of the competent courts in Kolkata, West Bengal, unless applicable law requires otherwise.
• For international Clients, disputes may be referred to binding arbitration under internationally recognized arbitration rules, where agreed in a separate written agreement or otherwise legally enforceable.
• Any arbitration shall be conducted in English, with the seat and rules specified in the applicable agreement.
• Both parties are encouraged to attempt resolution through written communication before commencing formal proceedings.

16 Force Majeure

NexOrdr shall not be liable for delays or service disruptions caused by events beyond its reasonable control, including natural disasters, power outages, internet or telecommunications failures, cyberattacks, pandemics, strikes, government actions, or other unforeseen events.

17 Changes to These Terms

• NexOrdr may update these Terms from time to time to reflect changes in services, legal requirements, or business practices.
• Where reasonably practicable, we will notify Clients of material changes through email or Platform notifications at least 14 days before they take effect.
• Changes required for legal, security, or urgent operational reasons may take effect sooner where permitted by law.
• Continued use of the Platform after the effective date of an update constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

18 Entire Agreement

These Terms, together with our Privacy Policy, applicable order forms, subscription agreements, Service Level Agreements, and any separately executed written agreements, constitute the complete agreement between you and NexOrdr concerning the Platform.

No verbal commitments or informal promises will override these Terms unless confirmed in writing by an authorized representative of NexOrdr.