Terms of Service

Effective Date: November 12, 2024

1. Acceptance of Terms

By accessing and using the website https://it-nex.us (the "Site") and services provided by it-neX Software, LLC ("Company," "we," "our," or "us"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Site or services.

2. Description of Service

it-neX Software, LLC provides computerized maintenance management system (CMMS) software solutions under the MaintMan® brand, including but not limited to:

  • MaintMan® CMMS - Enterprise maintenance management software
  • MaintMobile - Mobile CMMS application
  • MaintRequest - Maintenance request portal
  • MaintControl - IoT and automation module
  • MaintCloud - Cloud-based CMMS platform
  • MaintWeb - Browser-based access interface

3. Use License

3.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use our software and services.

3.2 Restrictions

You agree NOT to:

  • Modify, reverse engineer, or decompile the software
  • Remove or alter any proprietary notices or labels
  • Use the software for any unlawful purpose
  • Rent, lease, lend, sell, or sublicense the software
  • Transfer your license to any third party
  • Use the software to build competing products

4. User Accounts and Security

4.1 Account Creation

To access certain features, you may need to create an account. You agree to provide accurate, complete information and keep it updated.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4.3 Unauthorized Access

You must notify us immediately of any unauthorized access or security breach.

5. Fees and Payment

5.1 Subscription Fees

Our software is provided on a subscription basis. Fees are specified in your service agreement or quote.

5.2 Payment Terms

  • Fees are payable in advance unless otherwise agreed
  • Late payments may incur interest charges
  • Prices are subject to change with 30 days' notice
  • No refunds for partial subscription periods

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, software, trademarks, and materials on our Site and in our software are owned by or licensed to it-neX Software, LLC. MaintMan® is a registered trademark.

6.2 Your Data

You retain all rights to data you input into our software. We claim no ownership over your data.

6.3 License to Your Data

You grant us a limited license to host, store, and process your data solely to provide our services.

7. Data Privacy and Security

We handle your data in accordance with our Privacy Policy. Key commitments include:

  • Industry-standard security measures
  • Data encryption in transit and at rest
  • Regular security audits and updates
  • Compliance with applicable data protection laws

8. Service Availability and Support

8.1 Uptime

We strive to maintain 99.9% uptime for cloud-hosted services, excluding scheduled maintenance.

8.2 Support

Technical support is provided during business hours (Monday-Friday, 9 AM - 6 PM EST) via email and phone.

8.3 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our software will perform substantially in accordance with its documentation under normal use.

9.2 Disclaimer

EXCEPT AS EXPRESSLY STATED, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for business interruption, lost profits, or data loss

11. Indemnification

You agree to indemnify and hold harmless it-neX Software, LLC from claims arising from:

  • Your use of our software and services
  • Your violation of these Terms
  • Your violation of any third-party rights

12. Termination

12.1 By You

You may terminate your subscription at any time with written notice. No refunds for prepaid periods.

12.2 By Us

We may terminate or suspend your access immediately if you breach these Terms or fail to pay fees.

12.3 Effect of Termination

Upon termination, you must cease using the software. We will provide access to your data for 30 days for export purposes.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or Site notice. Continued use after changes constitutes acceptance.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Disputes shall be resolved through binding arbitration in Wyoming, except for intellectual property claims.

14.3 Venue

Any litigation shall be brought exclusively in the state or federal courts located in Wyoming.

15. General Provisions

15.1 Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

For questions about these Terms, contact us:

it-neX Software, LLC
30 N Gould Street, Suite 2597
Sheridan, WY 82801
United States

Email: contact@it-nex.us
Phone: +1 (520) 485-5274
Tax/EIN: 35-2852174
Registration No.: 2021-001234567

17. Export Compliance

Our software may be subject to export laws and regulations. You agree to comply with all applicable export control laws.

18. Force Majeure

We are not liable for failures or delays resulting from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, strikes, or government actions.

Last Updated: November 12, 2024
Version: 1.0