Terms of Service

Services: NxSure’s subscription platform and related onboarding/implementation, including: (a) Website Services (design, build, hosting, basic SEO, analytics), (b) Google Workspace configuration (email, calendar, collaboration), (c) Mailchimp configuration (email marketing automation), (d) Paperform configuration (custom forms and e-sign workflows), (e) optional Sprout Social enablement (content scheduling/analytics), and (f) support, training, and community access.

Third-Party Services: Google Workspace, Mailchimp, Paperform, Sprout Social, and any other external tools, platforms, or integrations.

Order: The signup page, proposal, or statement of work (“SOW”) referencing these Terms and specifying your plan, fees, and start date.

Customer Content: Information, data, text, images, logos, trademarks, creative assets, and other materials you supply or import into the Services.

Personal Data: Any information relating to an identified or identifiable person that you or your users submit to the Services.

2.1 What we provide. NxSure delivers the Services described in your Order. Website Services include a custom, mobile-responsive site with standard accessibility practices and basic SEO configuration. We also configure and connect the Third-Party Services you choose to use.

2.2 No one-size-fits-all. NxSure tailors the setup to your agency. Deliverables, milestones, and any unique requirements may be captured in an SOW. If needs change after kickoff, we may propose a change order with adjusted scope, timeline, or fees.

2.3 Third-Party Services. You acknowledge that certain features require active accounts and licenses with Third-Party Services. Except where your Order expressly states NxSure will resell or bundle a license, you (a) maintain your own accounts, (b) accept the third party’s terms, and (c) pay their fees. NxSure is not responsible for Third-Party Service outages, feature changes, or policy decisions.

2.4 Not an insurer or legal/financial advisor. NxSure is not an insurance carrier or producer, does not bind coverage, and does not provide legal, tax, or financial advice. Content provided through the Services (including website templates, email copy, and marketing materials) has not been reviewed or approved by any state insurance department and is for informational purposes only. You are solely responsible for ensuring that your use of such materials complies with applicable insurance advertising, solicitation, and unfair trade practices laws in each state where you are licensed.

3.1 White-glove onboarding. A one-time Setup Fee of $3,000 covers custom website build, full platform configuration, data migration, and training. Our aim is to complete the initial rollout within 45 days of your kickoff session, subject to timely Customer inputs and approvals.

3.2 Your responsibilities. You agree to (a) designate a point of contact with decision authority, (b) provide timely content, brand assets, and feedback, and (c) complete reviews/approvals within the requested timeframes.

3.3 Acceptance. Deliverables are deemed accepted upon the earlier of (a) your written approval, (b) your production use, or (c) 5 business days after delivery if no rejection notice is provided specifying material nonconformance.

5.1 Subscription options.

• Monthly: $350/month, billed monthly.
• Group plans (4+ business owners): Custom pricing (contact us).

5.2 Sprout Social licensing. If selected, Sprout Social’s license fees are billed separately at onboarding.

5.3 Auto-renewal; consent. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. By subscribing, you expressly consent to automatic renewal of your subscription for successive terms (monthly or annually, as applicable) at the then-current rate unless you cancel before the renewal date under Section 8. We will charge the payment method on file. We will send you an annual reminder of your subscription, including the amount charged, billing frequency, and cancellation instructions.

5.4 Price changes. If we increase your subscription price, we will notify you at least 7 days before the change takes effect. You may cancel before the new price applies.

5.5 Taxes. Fees exclude all applicable taxes, duties, and similar government charges. You are responsible for such amounts, excluding NxSure’s income taxes.

6.1 Payment processor. We use Stripe as our payment processor. By submitting a payment method, you authorize NxSure and Stripe to process charges per your Order and these Terms. You may also be subject to Stripe’s terms and privacy policy.

6.2 Card on file & timing. For monthly plans, your card is charged on or about your monthly renewal date. For annual plans, your card is charged the full annual amount at the start of each annual term. Setup Fees are charged upon signing or at kickoff (as specified in your Order).

6.3 Failed payments. If a charge is declined, we may attempt retries. We may suspend or limit Services for non-payment. You remain responsible for all amounts due.

6.4 Chargebacks. You agree to contact us to resolve billing concerns before initiating a chargeback. Unfounded chargebacks may result in suspension and you remain liable for associated fees and past-due amounts.

• Setup Fee: Non-refundable once onboarding work begins.
• Monthly plan: Prepaid amounts for the then-current month are non-refundable.
• Annual plan: Prepaid annual fees are non-refundable, except where required by law or as service credits under Section 10.
• Third-Party Services: Fees paid to third parties are non-refundable and outside NxSure’s control.

8.1 Term. These Terms start on your Effective Date and continue while you maintain an active subscription.

8.2 Cancellation by you. You may cancel at any time by clicking the “Cancel Subscription” option in your account settings. If you enrolled online, you can always cancel online. You may also cancel by emailing support@nxsure.com. We will process your cancellation promptly and send a confirmation.

• Monthly: Cancels at the end of the current monthly term.
• Annual: Cancels at end of the current annual term.

8.3 Termination for cause. Either party may terminate for material breach if the other party fails to cure within 30 days of written notice. We may terminate immediately for non-payment or abuse (see Section 12).

8.4 Post-termination. Upon termination, your access ends. Upon request within 30 days, we will provide an export of Customer Content stored in NxSure systems in a portable format (e.g., CSV or JSON), excluding logs, backups, and aggregated/anonymized data. You are responsible for exporting data from Third-Party Services.

9.1 Your content. You retain ownership of Customer Content. You grant NxSure a non-exclusive, worldwide license to host, copy, process, transmit, display, and modify Customer Content solely to provide and improve the Services.

9.2 NxSure IP. NxSure and its licensors retain all right, title, and interest in and to the Services, websites, templates, software, documentation, training materials, know-how, and derivatives. No rights are granted except as expressly stated.

9.3 License to use marks. You grant NxSure the right to use your name, logo, and marks to identify you as a customer (e.g., on our site and sales materials). You may revoke this with reasonable written notice.

9.4 Feedback. If you submit suggestions, ideas, or feedback about the Services, you grant NxSure a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use that feedback for any purpose without obligation to you.

10.1 Uptime target. We target 99.9% monthly uptime for the hosted website component, excluding (a) scheduled maintenance with prior notice, (b) emergency maintenance, (c) force majeure events, (d) outages caused by Third-Party Services, your content or configuration, and (e) network/ISP issues outside our control.

10.2 Service credits. If uptime falls below 99.9% in a calendar month due to NxSure-controlled causes, you may request a service credit equal to 5% of your monthly fee for each full 0.5% of downtime, up to 25%. Credits apply to future invoices and are your exclusive remedy for downtime.

13.1 Your compliance. You are solely responsible for: (a) the accuracy and legality of Customer Content; (b) your compliance with insurance, producer licensing, unfair trade practices, privacy, records retention, accessibility, and marketing/telemarketing laws; and (c) honoring consumer rights requests.

13.2 Accessibility. NxSure follows industry-standard practices aligned with WCAG 2.1 AA where feasible for templates and components. Because content and third-party widgets affect accessibility, NxSure does not guarantee legal compliance. We will address substantiated accessibility issues in good faith.

14.1 Privacy. Our processing of Personal Data is described in our Privacy Policy (incorporated by reference). Where required, we can provide a Data Processing Addendum (“DPA”).

14.2 Security. NxSure maintains administrative, technical, and physical safeguards appropriate to the nature of the Services. You are responsible for user access controls, secure configurations, and protecting credentials.

14.3 Data location & transfers. We may process data where we or our subprocessors operate. If cross-border transfer mechanisms are required (e.g., SCCs), these will be addressed in the DPA.

14.4 Breach notification. If NxSure discovers a security incident that results in unauthorized access to or disclosure of Customer Content or Personal Data, we will notify you without unreasonable delay and in no event later than 72 hours after confirmation of the incident. We will provide sufficient detail to enable you to fulfill your own notification obligations under applicable law, including state insurance data security laws.

17.1 Mutual warranty. Each party represents that it has the right and authority to enter into these Terms.

17.2 NxSure warranty. NxSure will provide the Services in a professional and workmanlike manner consistent with industry standards.

17.3 DISCLAIMERS. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS.” NXSURE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR PRODUCE ANY PARTICULAR BUSINESS RESULT.

18.1 By you. You will defend and indemnify NxSure against claims, damages, and costs (including reasonable attorneys’ fees) arising from: (a) Customer Content; (b) your use of the Services in violation of these Terms or law; or (c) alleged violations of marketing/telemarketing, privacy, or accessibility laws caused by your content or practices.

18.2 By NxSure. NxSure will defend and indemnify you against third-party claims alleging that the NxSure-provided platform (excluding Customer Content, Third-Party Services, and your configurations) directly infringes a U.S. copyright, trademark, or patent. If such a claim arises, NxSure may: (i) modify the Services, (ii) replace the affected component, or (iii) terminate the affected Services and refund prepaid, unused fees. This Section states your exclusive remedy for IP infringement claims.

22.1 Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

22.2 Informal resolution. Before filing a claim, a party must send a written Notice of Dispute and engage in good-faith negotiations for 30 days.

22.3 Arbitration; class waiver. This arbitration provision applies solely to disputes arising out of or relating to these Terms and the Services provided under them. Except for small-claims matters or injunctive relief, such disputes will be finally resolved by binding arbitration on an individual basis under the rules of AAA in San Diego, CA. Class actions and jury trials are waived. For claims under $10,000, NxSure will pay all AAA filing and arbitrator fees. For claims over $10,000, fees are allocated per AAA Commercial Arbitration Rules. You may opt out of arbitration within 30 days of first accepting these Terms by written notice to NxSure.

Notices to NxSure must be sent to:
ZEPHYR ADVISORY GROUP LLC d/b/a NxSure
Attn: Legal Notices
Email: legal@nxsure.com

Notices to you may be sent to the email on file or posted within your account.

Independent contractors. The parties are independent contractors.

Assignment. You may not assign these Terms without NxSure’s prior written consent; NxSure may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.

Entire agreement. These Terms, the Privacy Policy, and your Order/SOW form the entire agreement and supersede prior or contemporaneous agreements.

Severability; waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

Order of precedence. If there is a conflict, the following order applies: (1) DPA (for data protection matters), (2) SOW/Order, (3) these Terms, (4) documentation.

Website Services. NxSure will provision hosting and routine updates. Domain registration and DNS are your responsibility unless otherwise stated in an SOW.

Google Workspace. We configure your tenant and recommended policies (e.g., MFA, retention). You own your Workspace account and licensing.

Mailchimp. We configure audiences, templates, and automations. You are responsible for list hygiene, consent, and email law compliance.

Paperform. We build branded forms and connect e-sign workflows where enabled. You are responsible for the legality of forms, disclosures, and record retention.

Sprout Social (optional). Billed separately. We help with scheduling, analytics, and playbooks; you remain responsible for content and platform policies.

SMS (optional). If enabled via a supported provider, you must obtain express consent, maintain opt-out mechanisms, and follow applicable messaging regulations.

Certain features of the Services may use artificial intelligence, machine learning, or other automated technologies (“AI Features”) to assist with tasks such as content suggestions, SEO analysis, or email template generation. AI Features are provided as tools to assist you; they do not replace professional judgment. You are responsible for reviewing, editing, and approving any AI-generated output before use.

NxSure does not use AI to make automated decisions that produce legal or similarly significant effects on you without human review. We will not use your Customer Content to train general-purpose AI models without your express consent. We may use anonymized, aggregated usage data to improve AI Features within the Services.

If we introduce additional AI features in the future, we will notify you and provide opt-out rights as required by applicable law. For more information about automated processing, see our Privacy Policy.