This End User License and Services Agreement (this “Agreement”) is an agreement between you (“You”) and Nexivo AI LLC (“Nexivo AI”). Nexivo AI reserves the right to modify the terms and conditions contained herein. Your use of the Nexivo AI website, software, content, and information (the “Software”) constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE, which may be modified from time to time.
 

IF YOU DO NOT UNDERSTAND AND/OR WISH TO ACCEPT THESE TERMS, DO NOT USE THE NEXIVO AI SERVICES.

 

BY USING THE NEXIVO AI SERVICES YOU REPRESENT AND AGREE THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF OR ANY APPLICABLE ENTITY TO THIS AGREEMENT. YOU HAVE READ ALL TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ALL TERMS, YOU MUST NOTIFY NEXIVO AI IMMEDIATELY AND DISCONTINUE USE OF THE SERVICES. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REFER TO THE “GOVERNING LAW AND ARBITRATION” SECTION FOR DETAILS.

 

1. DEFINITIONS

1.1. “Account” has the meaning set forth in Section 3.2.2.

1.2. “Documentation” means any manuals, instructions, training materials or user information provided by Nexivo AI, which may be updated from time to time.

1.3. “Software” means Nexivo AI’s algorithmic foreign currency exchange (“Forex”) trading software made accessible to you under this Agreement.

1.4. “Person” has the meaning set forth in Section 2.5.

1.5. “Privacy Laws” has the meaning set forth in Section 4.

1.6. “Privacy Policy” means the Nexivo AI Privacy Policy found at https://www.nexivoai.com/privacy-policy.

1.7. “Proprietary Information” means all information disclosed by Nexivo AI to You in connection with the Software, excluding information publicly available through no fault of Yours.

1.8. “Nexivo AI” means Nexivo AI LLC.

1.9. “Services” has the meaning set forth in Section 2.3.

1.10. “Third-Party Services” has the meaning set forth in Section 2.4.

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2. LICENSE AND SERVICES

2.1. License
Nexivo AI grants You a non-exclusive, non-transferable, revocable, non-sublicensable license to use the Software during the term of this Agreement. You may not reverse engineer, rebuild, copy, or create competing products based on the Software.

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2.2. Rights to Software
You obtain only the right to use the Software. All ownership rights remain with Nexivo AI.

 

2.3. Services
Nexivo AI may provide:
(i) installation and usage guidance,
(ii) technical feedback,
(iii) diagnostics and troubleshooting.
Nexivo AI does not provide Forex trading advice.

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2.4. Third-Party Services
The Software may connect to third-party Forex brokers or PAMM accounts. Nexivo AI does not endorse or manage such services and assumes no responsibility for losses, actions, or fees associated with third-party brokers.

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2.5. Prohibited Activities
You may NOT:

• Transfer, license, or share the Software with any Person

• Copy or reverse engineer the Software

• Breach or scan the Software’s security

• Use the Software for unlawful activity

• Use the Software commercially or outside its licensed scope

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2.6. Compliance with Laws
You agree not to use the Software in violation of any applicable laws.

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2.7. Indemnification
You agree to indemnify Nexivo AI for any claims arising from your misuse of the Software.

 

2.8. Software Access
Use requires compatible hardware, internet access, and a Forex brokerage account. Service interruptions may occur. Nexivo AI may suspend access if required by law or for security purposes.

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3. SERVICE TERMS

3.1. Software Description
Nexivo AI’s Software integrates with a third-party Forex brokerage selected by You. Nexivo AI never takes custody of assets or executes trades on Your behalf.

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3.2. Service Usage

3.2.1 Agreement to Terms
Using the Software requires agreement to this Agreement, Terms & Conditions, Disclosures, and all related policies.

3.2.2 Account Creation
You must maintain accurate account information and keep all login credentials secure. Nexivo AI cannot access your brokerage account and will not request login credentials.

3.2.3 Processing Payments
Payments may be processed through third-party providers. You are subject to their terms.

3.2.4 Suspension for Non-Payment
If payment is not received, Nexivo AI may suspend or terminate your access.

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3.3. Service Disclaimers

3.3.1 No Investment Advice
All trading decisions are solely yours. Nexivo AI does not provide financial advice.

3.3.2 No Custody
Nexivo AI does NOT hold customer assets.

3.3.3 No Licenses or Registrations
Nexivo AI is not a registered financial advisor or broker.

3.3.4 Risk Acknowledgment
Forex trading is inherently risky and may result in the loss of your entire investment.

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4. DATA SECURITY AND PRIVACY

4.1. Privacy Laws
You are responsible for compliance with applicable data privacy regulations.

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4.2. Data Usage & Retention
Your data may be stored internationally and used according to Nexivo AI’s Privacy Policy.

 

4.3. License to Data
You grant Nexivo AI a non-exclusive, worldwide license to use anonymized data for analysis and service improvement.

 

5. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

5.1. You may not remove proprietary notices.

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5.2. You must protect Nexivo AI’s Proprietary Information and only use it as permitted.

 

5.3. All intellectual property rights to the Software remain exclusively with Nexivo AI.

 

5.4. Unauthorized disclosure may result in injunctive relief.

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6. WARRANTY

6.1. You are responsible for backing up your systems and data.

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6.2. NO WARRANTY
Nexivo AI provides the Software AS IS, without warranties of any kind.

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6.3. Warranty disclaimers form part of the basis of the Agreement.

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7. LIMITATION OF LIABILITY

Nexivo AI is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of funds, data, profit, or access.

Total liability is limited to the amount paid by You in the 12 months preceding the claim.

 

8. REFUND POLICY

Nexivo AI offers a 60-day refund window, limited to amounts paid directly to Nexivo AI.
Trading losses are not eligible for refund.

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9. TERM AND TERMINATION

Either party may terminate this Agreement at any time. Nexivo AI may terminate without liability. Certain sections survive termination.

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10. GOVERNING LAW AND ARBITRATION

Austin, Texas Jurisdiction

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10.1 Governing Law
This Agreement is governed by the laws of the State of Texas, without regard to conflicts of law rules.

Any legal action concerning arbitration enforcement or judgment shall be brought in Austin, Texas, Travis County.

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10.2 Arbitration
All disputes relating to Nexivo AI, the Software, or this Agreement will be resolved by binding arbitration administered by FINRA or another mutually acceptable arbitration forum.

Arbitration will take place in Austin, Texas.

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10.3 Waiver of Jury Trial
YOU AND NEXIVO AI WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS ACTION.

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11. MISCELLANEOUS

11.1 Assignment
You may not assign Your rights; Nexivo AI may assign without consent.

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11.2 Severability
Invalid provisions do not affect remaining terms.

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11.3 Entire Agreement
This Agreement and related policies constitute the full agreement.

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11.4 Communication Preferences
You consent to electronic communication from Nexivo AI.

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11.5 No Third-Party Beneficiaries
Only You and Nexivo AI are parties to this Agreement.

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Last Updated: November 14, 2025