Website Use Policy

Introduction and Acceptance

This Website Use Policy (this "Policy") governs your access to and use of nex.systems, its sub-domains and any other website, page or online content that links to this Policy (together, the "Website"), including the Free Tools, operated by Nex Global LLC, a limited liability company organized under the laws of the State of Wyoming, United States of America, with its registered office at 1621 Central Ave #69914, Cheyenne, WY 82001, USA, trading as "Nex Systems" ("Nex", "we", "us" or "our").

Binding agreement. This Policy is a legally binding agreement between you and Nex. By accessing, browsing or using the Website, or by submitting any form or using any Free Tool, you accept this Policy, together with our Acceptable Use Policy, Privacy Notice and Cookie Policy, each of which is published at nex.systems/legal and forms part of this Policy. If you do not accept this Policy, you must not access or use the Website.

Using the Website for an organization. If you use the Website on behalf of a company or other organization, you confirm that you have authority to accept this Policy on its behalf, and "you" includes that organization.

Important provisions. This Policy contains a disclaimer of warranties, an exclusion of liability, an indemnity, a binding arbitration agreement and a waiver of class actions and jury trials, in Sections 10, 11, 12 and 16. Please read them carefully.

1. Scope: The Website and the Services

1.1 The Website. The Website provides information about Nex, its products and services, publications, events and partners, the Free Tools, and forms through which you can contact us, request a demo, pilot or proposal, or apply to a program.

1.2 The Services. Access to Nex eKYC, Nex Screening, Nex AML, Nex 360, Elodie, the APIs and any other subscription product (the "Services") is governed by the Terms of Service, any Order Form and the other documents listed in them, and not by this Policy. If this Policy conflicts with the Terms of Service concerning your use of the Services, the Terms of Service prevail.

1.3 Programs. Participation in the Government & NPO Program, the Referral Program, any partner program or any pilot is subject to the specific policies and agreements of that program, published at nex.systems/legal or provided to you, which prevail over this Policy for that program.

1.4 No offer. Product descriptions, features, roadmaps, prices, examples and other information on the Website are provided for general information and are an invitation to enquire, not an offer capable of acceptance. Features described as "Soon", "Preview", "Beta" or under evaluation may change, may be delayed and may never become available. A contract for the Services arises only when an Order Form is signed or accepted, or when Nex confirms in writing that it has accepted your registration, subject to the Terms of Service.

2. Eligibility and Business Use

2.1 Business audience. The Website and the Free Tools are intended for businesses, financial institutions, government bodies, non-profit organizations and compliance professionals. They are not directed to children, and you must be at least eighteen (18) years old, or the age of majority where you live if higher, to use them.

2.2 Restricted persons and territories. You must not access or use the Website or the Free Tools if you are a Restricted Party, are acting on behalf of a Restricted Party, or are located in, or ordinarily resident in, a country or territory that is the subject of comprehensive sanctions, as described in Section 13.

2.3 Accurate information. Any information you provide through the Website, including in a form, registration or application, must be true, accurate, current and complete, and must not impersonate any person or misrepresent your affiliation with any organization.

2.4 Local laws. Nex makes no representation that the Website, the Free Tools or the Services are appropriate or available for use in every location. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with your local laws.

3. Website Content: Information Only, Not Advice

3.1 General information. All content on the Website, including articles, guides, regulatory updates, webinars, templates, checklists, case studies, product descriptions, examples, screenshots, sample data and statistics ("Website Content"), is provided for general information purposes only.

3.2 No professional advice. Website Content is not legal, regulatory, compliance, financial, tax or other professional advice, and does not create any adviser, consultant, fiduciary or client relationship. You should obtain advice from a qualified professional about your own circumstances, and you must not rely on Website Content as a substitute for that advice or for your own compliance program.

3.3 Accuracy and currency. Laws, regulations, sanctions lists and regulatory guidance change frequently. Although Nex takes reasonable care in preparing Website Content, it does not represent or warrant that Website Content is accurate, complete, current or suitable for any purpose, and it has no obligation to update it. Website Content reflects Nex's understanding at the time it was prepared.

3.4 Examples and sample data. Names, documents, records, screenshots, dashboards, scores and other examples shown on the Website are illustrative only, may use fictitious or anonymized data, and do not represent any real person, organization, result or customer, unless expressly stated.

3.5 Regulators, standards and certifications. References to laws, regulators, standards, frameworks or certifications are for information only. They do not mean that any regulator or standard-setting body has approved, endorsed, licensed or certified Nex or the Services, unless expressly stated.

3.6 Forward-looking statements. Statements on the Website about future products, features, integrations, markets or plans reflect Nex's current intentions only. They are not commitments, may change at any time, and must not be relied on in making any purchasing or other decision.

4. Free Tools

4.1 Description. Nex may make free tools available on the Website, including a free sanctions search, a free PEP search and a free passport machine-readable-zone check (the "Free Tools"). Free Tools are provided free of charge, with limited functionality, data coverage and update frequency compared with the Services, accept typed data only and do not support document uploads.

4.2 No reliance. Results from the Free Tools are provided for general information only. They are not screening, verification, legal or compliance advice, are not a substitute for a full compliance check, and must not be relied upon to make any decision about any person, transaction or relationship, or as evidence of compliance with any law. A "no match" result does not mean that a person or entity is not a sanctioned person, a politically exposed person or a person of interest. A potential match does not mean that the person searched is the listed person, or that the person has done anything wrong. A passport check result does not mean that a document is genuine, valid or belongs to the person presenting it.

4.3 Permitted use. You may use the Free Tools only for occasional, manual look-ups and to evaluate the Services, in accordance with Section 9 of the Acceptable Use Policy. You must not use them by automated means, in bulk, to provide a service to others, as a substitute for a subscription in your business operations, or to compile or republish results.

4.4 Data you enter. You must enter only data that you have a lawful reason to search. Nex processes the data you enter as described in its Privacy Notice, keeps it only for the short period needed to return the result and prevent abuse, and does not use it to build profiles of the people searched. The free passport MRZ check runs entirely in your browser: the details and MRZ lines you enter in it are not sent to Nex or stored by Nex.

4.5 Availability. Nex may limit, throttle, change, suspend or withdraw any Free Tool, or block any user, IP address or network, at any time, without notice and without liability.

5. Intellectual Property and Limited Licence

5.1 Ownership. The Website, Website Content, Free Tools, and all software, designs, text, graphics, images, videos, screenshots, data, compilations, layouts, look and feel, and all trademarks, service marks, logos, product names and trade names on the Website (including "Nex Systems", "Nex 360", "Nex eKYC", "Nex Screening", "Nex AML" and "Elodie"), are owned by or licensed to Nex and are protected by copyright, trademark, database, trade secret and other intellectual property laws. All rights not expressly granted in this Policy are reserved.

5.2 Limited licence. Subject to your compliance with this Policy, Nex grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and view the Website, and to download or print a reasonable number of pages of Website Content that Nex makes available for download, solely for your internal business information and evaluation of the Services, provided that you keep all copyright and other notices intact.

5.3 Restrictions. Except as expressly permitted in Section 5.2, you must not copy, reproduce, republish, frame, mirror, modify, translate, distribute, sell, license, create derivative works from, publicly display or otherwise exploit any part of the Website or Website Content, including screenshots, product descriptions, workflows and designs, without Nex's prior written consent.

5.4 Trademarks. You must not use Nex's trademarks, logos or product names in any manner that is likely to cause confusion, that suggests sponsorship, endorsement, partnership or affiliation, or that disparages Nex, or as part of any domain name, social-media handle, keyword advertising or metatag, without Nex's prior written consent. Third-party names and logos on the Website belong to their respective owners.

5.5 Linking. You may link to the home page or a public page of the Website, provided that you do so in a way that is fair and lawful, does not damage Nex's reputation, and does not suggest any association, approval or endorsement that does not exist. You must not frame the Website or link to it from a website that contains unlawful, misleading or offensive content. Nex may withdraw this permission at any time.

5.6 Infringement notices. If you believe that content on the Website infringes your intellectual property rights, please send a notice to legal@nex.systems identifying the work, the content concerned and its location, your contact details, and a statement that you have a good-faith belief that the use is not authorized and that the information in your notice is accurate.

6. Prohibited Conduct

You must comply with the Acceptable Use Policy and must not, directly or indirectly:

• use the Website or the Free Tools for any unlawful, fraudulent, deceptive or harmful purpose;
• scrape, crawl, harvest, index, bulk-download or systematically extract Website Content, Free Tool results or any data from the Website, or use any robot, spider, scraper, browser automation or other automated means to access the Website, other than generally available search-engine crawlers that respect our robots.txt instructions;
• use the Website, Website Content or Free Tool results to build, train or improve any product, dataset, list or model, including any artificial intelligence or machine learning model, or to compete with Nex;
• attempt to gain unauthorized access to the Website, its servers, or any system or network connected to it, or probe, scan or test their vulnerability except as permitted by the vulnerability disclosure rules in the Acceptable Use Policy;
• interfere with or disrupt the Website, including through viruses, malicious code, denial-of-service attacks, flooding or excessive requests, or circumvent any rate limit, CAPTCHA or security measure;
• submit false, misleading or fraudulent information, enquiries, applications or referrals, or impersonate any person or organization;
• use any contact details obtained from the Website to send unsolicited communications or spam; or
• remove, obscure or alter any proprietary notice, disclaimer or attribution on the Website.

7. Forms, Submissions and Feedback

7.1 Forms and enquiries. When you submit a contact, demo, pilot, partnership, program or other form, you agree that Nex may contact you about your enquiry and process the information you provide as described in its Privacy Notice. Submitting a form does not create any contract, commitment or obligation for Nex to provide any service, pilot, proposal, discount, program place or commission, all of which Nex may grant or refuse at its sole discretion and without giving reasons.

7.2 Identity checks. Nex may ask you to verify your identity, your employer or your authority before responding to an enquiry, providing a demo or pilot, or accepting an application, and may decline to proceed if you do not provide satisfactory information.

7.3 No confidential information. Please do not submit confidential information, trade secrets or personal data of other people through the Website unless Nex has asked for it. Except where a separate written confidentiality agreement has been signed, information you submit through the Website is not treated as confidential, subject to the Privacy Notice for personal data.

7.4 Feedback. If you send Nex any idea, suggestion, comment or other feedback about the Website, the Free Tools or the Services ("Feedback"), Nex may use, disclose, reproduce, modify and exploit it for any purpose, without restriction and without any payment or other obligation to you, and you waive any moral rights in it to the extent permitted by law. Nex has no obligation to use any Feedback.

7.5 Your responsibility. You are responsible for the information you submit and confirm that you have the right to submit it and that it does not infringe any right of any third party or breach any law.

8. Third-Party Links, Logos and Partners

8.1 Third-party websites. The Website may contain links to websites, publications and resources operated by third parties, including official list publishers, regulators, news sources and partners. Nex does not control and is not responsible for their content, accuracy, availability, security or privacy practices, and a link does not mean that Nex endorses them. Your use of a third-party website is at your own risk and subject to that website's terms.

8.2 Integrations and logos. Names and logos of third-party products shown on the Website, for example to describe integrations or compatible technologies, are shown for identification only. They do not mean that the third party is a partner, customer or supplier of Nex, or that it sponsors or endorses Nex or the Services, unless expressly stated. The availability of an integration may depend on the third party's own products, terms and approvals, and may change.

8.3 Global Partners. Organizations listed on the Website as partners, distributors, resellers, implementation partners or referrers ("Partners") are independent businesses. Unless Nex expressly states otherwise in writing: (a) Partners are non-exclusive and are not agents, employees, joint venturers or legal representatives of Nex; (b) Partners have no authority to make any commitment, representation, warranty or promise, or to accept any order or payment, on Nex's behalf, except as an Authorized Partner within the scope of its written agreement with Nex; (c) any services that a Partner provides to you are provided under that Partner's own terms and responsibility; and (d) Nex is not responsible for any act, omission, statement, advice or service of any Partner. Only Nex can confirm the Services, prices and terms that it offers, and only a contract signed or accepted by Nex binds Nex.

8.4 Verify before paying. You should pay for the Services only as set out in an Order Form or invoice issued by Nex, or by an Authorized Partner under its written agreement with Nex, and only by bank transfer or another payment method stated in that document. Nex never asks for payment in cash, by gift cards or in cryptocurrency, and never changes its bank details by email alone. If you receive any request for payment that you are unsure about, verify it with Nex at legal@nex.systems before paying. Nex is not responsible for payments made to any other person or account.

9. Website Security and Electronic Communications

9.1 Your own protection. You are responsible for using up-to-date browsers, security software and safe practices when you access the Website, and for protecting your devices and networks. Nex does not guarantee that the Website or any download is free of viruses or other harmful components.

9.2 Impersonation. Nex's official domain is nex.systems. Nex is not responsible for websites, emails, messages, social-media accounts or documents that falsely claim to come from Nex. Please report any suspected impersonation to security@nex.systems.

9.3 Electronic communications. You agree that Nex may communicate with you electronically, and that notices, agreements and other communications that Nex provides electronically satisfy any legal requirement that they be in writing.

10. Disclaimers

10.1 As is. THE WEBSITE, WEBSITE CONTENT AND FREE TOOLS ARE PROVIDED FREE OF CHARGE, "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEX AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10.2 No guarantee. Without limiting Section 10.1, Nex does not warrant that the Website or the Free Tools will be uninterrupted, timely, secure or error-free, that defects will be corrected, that the Website or its servers are free of viruses or other harmful components, or that any result, data or content is accurate, complete or up to date. Despite Nex's reasonable efforts, no search, screening, matching or verification tool, and no source data, can be 100% accurate or complete.

10.3 Your responsibility. You use the Website, Website Content and Free Tools at your own risk. You are solely responsible for any decision you make, and any action you take or do not take, based on them, and for protecting your own systems and data when you access the Website.

11. No Liability to Visitors

11.1 Free use, no liability. The Website, Website Content and Free Tools are provided free of charge and without any payment by you. Accordingly, to the maximum extent permitted by applicable law, Nex and its Affiliates, officers, members, managers, employees, agents, licensors and suppliers have no liability whatsoever to you or to any person claiming through you for any loss, damage, cost, expense, fine, penalty or claim of any kind, whether direct, indirect, incidental, special, consequential, exemplary or punitive, including any loss of profits, revenue, business, goodwill, data or anticipated savings, arising out of or relating to the Website, Website Content, Free Tools or this Policy, however caused and under any theory of liability, including contract, tort (including negligence), strict liability, misrepresentation or statute, even if Nex has been advised of the possibility of such loss.

11.2 No compensation. Nex will not pay any compensation, damages, refund or other amount to any visitor or Free Tool user in connection with the Website, Website Content or Free Tools.

11.3 Where law does not allow full exclusion. If, despite Section 11.1, any liability of Nex cannot be fully excluded under the law that applies to you, that liability is limited to the minimum amount, and to the narrowest scope, that the law permits.

11.4 Customers. Where you are a customer of Nex, Nex's liability in connection with the Services is governed exclusively by the Terms of Service. Your use of the Website and the Free Tools is not a use of the Services and gives rise to no liability under the Terms of Service or this Policy.

11.5 Mandatory exceptions. Nothing in this Policy excludes or limits any liability that cannot be excluded or limited by law, including liability for fraud or for death or personal injury caused by negligence.

11.6 Time limit. To the extent permitted by law, any claim arising out of or relating to the Website, Website Content, Free Tools or this Policy must be commenced within one (1) year after the event giving rise to it, after which it is permanently barred.

12. Indemnity

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Nex and its Affiliates, officers, members, managers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost and expense, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of the Website, Website Content or Free Tools; (b) any decision you make or action you take based on them; (c) any information or data you submit, including data about other people; (d) your breach of this Policy or the Acceptable Use Policy; or (e) your violation of any law or of any right of a third party. Nex may assume the exclusive defense and control of any matter subject to this indemnity, in which case you will cooperate with Nex.

13. Sanctions and Export Controls

13.1 Compliance. You must comply with all economic, financial and trade sanctions and export-control laws that apply to you or to Nex, including those administered by the United States (including the Office of Foreign Assets Control), the United Nations Security Council, the European Union and the United Kingdom.

13.2 Restricted Parties. You represent that you are not, and are not owned or controlled by or acting on behalf of, any person who is designated on, or owned or controlled by a person designated on, any sanctions list, or who is located in, organized under the laws of or ordinarily resident in a country or territory that is the subject of comprehensive sanctions (a "Restricted Party").

13.3 Blocking. Nex may block access to the Website or the Free Tools from any country, territory, network or person, and may refuse or cancel any enquiry, application or registration, where it considers this necessary to comply with sanctions or export-control laws or its own risk policies.

14. Privacy and Cookies

Nex processes personal data collected through the Website and the Free Tools as described in its Privacy Notice, and uses cookies as described in its Cookie Policy, both published at nex.systems/legal. Nex uses only cookies that are strictly necessary to operate and protect the Website. By using the Website, you acknowledge that your personal data will be processed as described in the Privacy Notice.

15. Changes, Suspension and Termination

15.1 Changes to the Website. Nex may change, update, suspend or discontinue any part of the Website, Website Content or Free Tools at any time, without notice and without liability.

15.2 Changes to this Policy. Nex may update this Policy from time to time. The current version is always published at nex.systems/legal and takes effect when published. Your continued use of the Website after an update takes effect constitutes acceptance of it. You are responsible for reviewing this Policy regularly. No update applies to any dispute that arose before the update was published.

15.3 Suspension and termination. Nex may suspend or terminate your access to all or part of the Website or the Free Tools, and block any IP address or network, at any time and for any reason, including where Nex suspects a breach of this Policy or the Acceptable Use Policy, without notice and without liability.

15.4 Survival. Sections 3, 4.2, 5, 7.4, 10, 11, 12, 13, 16 and 17, and any other provision that by its nature is intended to survive, survive any termination of your access.

16. Governing Law and Disputes

16.1 Governing law. This Policy, and any dispute, controversy or claim arising out of or relating to it, the Website, Website Content or the Free Tools, including non-contractual disputes (a "Dispute"), is governed by the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws rules.

16.2 Informal resolution. Before starting arbitration, you must send Nex a written notice of your Dispute to legal@nex.systems and to Nex's registered address, and the parties will try in good faith to resolve it for at least thirty (30) days.

16.3 Arbitration. Any Dispute not resolved under Section 16.2 will be finally resolved by binding arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association under its International Arbitration Rules, by a sole arbitrator. The seat of arbitration is Cheyenne, Wyoming, USA, hearings may be held by video conference, and the language of the arbitration is English. This agreement to arbitrate is governed by the U.S. Federal Arbitration Act and is intended to be enforceable under the New York Convention. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Exceptions. Nex may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, or to stop a breach of Section 6 or the Acceptable Use Policy. For any matter permitted to be heard by a court, or if Section 16.3 is held unenforceable, the state and federal courts located in Laramie County, Wyoming have exclusive jurisdiction, and you submit to their jurisdiction.

16.5 Class action and jury waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU MAY BRING A DISPUTE ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.

16.6 Customers. If you are a customer of Nex, Section 17 of the Terms of Service governs any Dispute that also relates to the Services.

16.7 Mandatory law. If a mandatory law of the country where you live gives you rights that cannot be excluded by agreement, including the right to bring proceedings in your local courts, nothing in this Section 16 deprives you of those rights, and the remainder of this Policy continues to apply.

17. General and Contact

17.1 Entire agreement. This Policy, together with the documents referred to in it, is the entire agreement between you and Nex concerning the Website and the Free Tools, and supersedes any prior understanding about them.

17.2 Severability. If any provision of this Policy is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions continue in full force.

17.3 No waiver. Nex's failure or delay in enforcing any provision is not a waiver of its right to enforce it later.

17.4 Assignment. You may not assign or transfer this Policy. Nex may assign or transfer it at any time, including in connection with a merger, acquisition or sale of assets.

17.5 No third-party rights. Except for the persons protected by Sections 11 and 12, no third party has any right to enforce this Policy.

17.6 Language. This Policy is written in English. If a translation is provided, the English version prevails.

17.7 Contact.

• Legal notices and questions: legal@nex.systems
• Privacy: privacy@nex.systems
• Security and impersonation reports: security@nex.systems
• Postal address: Nex Global LLC, 1621 Central Ave #69914, Cheyenne, WY 82001, United States of America

Nex Global LLC, trading as Nex Systems.

End of Nex Systems Website Use Policy.