Terms of Service

Last Revised: January 4th 2025

Welcome to Netix Solutions, LLC (“Netix Solutions,” “we,” “our,” or “us”). By accessing or using our website, applications, products, or consulting services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use our Services.

These Terms, along with any additional agreements expressly incorporated by reference, constitute the entire agreement between you (“you,” “your,” “Client,” or “user”) and Netix Solutions.

1. Use of Services

You agree to use our Services only in compliance with applicable laws and these Terms.
You may not misuse our Services, attempt unauthorized access, disrupt operations, or use our Services for unlawful or harmful purposes.
We may suspend or terminate Services at our discretion if you breach these Terms, if required by law, or if misconduct is suspected.
Using our Services does not grant you ownership rights in our intellectual property, branding, or any content you did not create.

2. Intellectual Property

All proprietary materials created, developed, or delivered by Netix Solutions — including code, programs, scripts, designs, layouts, presentations, content, documents, reports, photographs, videos, graphics, and text (collectively, “Netix Intellectual Property”) — remain the exclusive property of Netix Solutions. No ownership or rights are transferred to the Client unless expressly agreed in a signed writing.
Client materials provided to us, including documents, photos, graphics, and data, remain the property of the Client (“Client Intellectual Property”). Netix Solutions claims no ownership over Client Intellectual Property and will use such materials solely to perform Services.
Both parties acknowledge and agree that each retains exclusive ownership of their respective Intellectual Property, and neither shall assert rights in the other’s property.

3. Accounts & Security

Certain Services may require a registered account. You are responsible for safeguarding account credentials and for all activity under your account.
Notify us immediately of any unauthorized use. We are not liable for losses arising from your failure to maintain account security.

4. Privacy & Data Protection

Use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection and use of data as described therein.
We comply with applicable intellectual property and copyright laws, including the U.S. Digital Millennium Copyright Act (DMCA). Claims of infringement may be submitted to email@netixsolutions.com.

5. Client Content & Submissions

By submitting, uploading, or transmitting content through our Services, you retain ownership but grant Netix Solutions a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, adapt, publish, distribute, and display such content solely for the purpose of operating and improving our Services.
You represent that you have the lawful right to provide such content and that your content does not violate the rights of any third party.
Suggestions or feedback provided to us may be used freely, without obligation or compensation.

6. Software & Third-Party Services

Where Services involve downloadable or embedded software, you are granted a non-exclusive, non-transferable license to use the software only as necessary for your use of our Services. Reverse engineering, resale, or unauthorized distribution is prohibited except as permitted by law.
Our work may rely on third‑party products, services, or platforms selected by you or reasonably recommended by us. We do not control such third parties and are not responsible for pricing changes, feature availability, downtime, data loss, security incidents, or other modifications by third-party providers. You are responsible for complying with applicable third‑party terms.

7. Modifications, Suspension & Termination

We may update or modify Services at any time, including discontinuation of features or entire offerings.
We will make reasonable efforts to notify clients of major changes, but we are not responsible for permanent data loss or unavailability of features caused by third-party systems or events beyond our control.
Clients may terminate Services at any time; Netix Solutions may also suspend or terminate Services for violations of these Terms or other lawful reasons.

8. Disclaimers of Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NETIX SOLUTIONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. We do not warrant that Services will be error‑free, uninterrupted, secure, or meet your specific needs.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Netix Solutions, its officers, employees, contractors, affiliates, and suppliers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, lost data, or business interruption), even if advised of the possibility of such damages.
Our total liability for direct damages shall not exceed the total fees paid by you to Netix Solutions for the specific Services giving rise to the claim during the twelve (12) months preceding the event.
These limitations apply regardless of the form of action (contract, tort, negligence, strict liability, or otherwise) and survive termination.
To the extent permitted by Florida law, any claim must be filed within one (1) year of accrual or be forever barred.

10. Indemnification

If you use our Services on behalf of a business or entity, that entity agrees to indemnify, defend, and hold harmless Netix Solutions, its officers, employees, contractors, and affiliates against any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of applicable law or third‑party rights.

11. User Submissions

Any material voluntarily submitted for posting or public use is considered non‑confidential and non‑proprietary. You represent and warrant that you have all rights necessary to make such submissions, and that they do not infringe third‑party rights.

12. Arbitration & Dispute Resolution

Any dispute, claim, or controversy arising out of or related to these Terms or the Services shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA). The seat and hearing locale will be within the State of Florida, as designated by the AAA. Proceedings may be conducted by video conference at the arbitrator’s discretion. Judgment on the award may be entered in any court of competent jurisdiction in Florida.
Arbitration shall be conducted by a single arbitrator. The arbitrator may grant any relief available in court, except punitive damages where disallowed by law.
Each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines otherwise or applicable law requires a different result.
By agreeing to these Terms, you waive any right to a jury trial and to participate in a class, consolidated, or representative action.
This provision survives termination of Services.

13. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any court proceedings not subject to arbitration shall take place exclusively in the state or federal courts located in Florida, and the parties consent to personal jurisdiction there.

14. Changes to Terms

We may update these Terms periodically. Updates will be posted to this page with a revised “Effective Date.” Continued use of the Services after modifications constitutes acceptance of the updated Terms.

15. Severability & Non‑Waiver

If any provision of these Terms is held invalid, the remaining provisions remain enforceable. Our failure to enforce any right does not constitute a waiver of that right.

16. Contact Information

Questions regarding these Terms should be directed to: email@netixsolutions.com