Website and service terms
1. These Terms, and what they cover
Nex Guardian LLC, a Wyoming limited liability company doing business as "NexGuardian" ("we", "us", "our"), operates the website at getnexguardian.com (the "Site") and offers AI exposure and privacy-gateway work under a written order or letter (the "Services").
These Terms govern your use of the Site. Where you and we have signed a written agreement for Services - an order, a letter, or a pilot letter with its schedule - that agreement governs the Services, and these Terms govern the Site only. If the two say different things about the Services, the signed agreement governs. Where these Terms are the only thing between us, they are the whole agreement for your use of the Site.
By using the Site, you accept these Terms. If you do not accept them, do not use the Site.
2. What exists today, and what does not
Nothing is deployed for any customer today. We have no installation inside your environment, nothing of ours in your prompt path, and no interception of your live traffic. The redaction engine runs on our own systems, in our harness, over text you send us. The audit record, the approval hold, the encryption path and tenant isolation are in build: they are designed, and they are not available to any customer today.
Descriptions on the Site, in our offer, and in a report say which state each capability is in, and each figure carries its deployment state. A description of a capability that is in build is a description, not a promise of availability and not a promise of a date. We will not tell you a capability is available when it is not.
3. Accounts and access
The Site contains no account system today: no signup, no login and no user profile. Browsing the Site does not create an account.
If we introduce accounts, you will be responsible for keeping your credentials confidential and for activity under them, and you will tell us promptly about any suspected unauthorised use. We may suspend or withdraw access to an account or to the Site where we reasonably consider it necessary for security, to prevent misuse, or to comply with law.
4. Acceptable use
You agree not to:
- use the Site or the Services in breach of any law or regulation that applies to you;
- probe, scan or attempt to breach our systems, or interfere with the Site or anyone else's use of it;
- scrape, harvest or overload the Site, or use automated means to copy it, except as a search engine's ordinary indexing;
- send us material you are not permitted to share, including live client records or anything that identifies a real person;
- use our name, logo or a confusingly similar name in a way that suggests a relationship we have not agreed in writing.
We do not offer the Services for use in decisions that produce legal or similarly significant effects on individuals, or for the categories of use we list in the written order. We may refuse an order, decline a request, or suspend or end access where we consider a use falls outside what we offer.
5. Fees, term and renewal
The fee, the term and what is included are those stated in the written order or letter. For a 30-day pilot the fee is a single one-time fee for that pilot: it is not a subscription, there is no automatic renewal, and nothing charges itself after the term ends. Continuing after the term is a decision you make, and it requires a separate written agreement. The fee for a pilot is not a quote for anything that follows it, and it does not lock any future price.
Refunds for the pilot are as set out in the pilot letter. Once a term has ended and the work has been delivered, fees already paid are non-refundable except where the written order says otherwise.
6. Your content, and who decides
As between us, you own your content and the data you send us. Where that content contains personal data, you are the controller and we act on your instructions as a processor: we process it to perform the Services, not for our own purposes, and we do not use your content to train or improve any model.
The decisions about your data are yours. Which items hold for a person to review, and who that person is, are decided by the approver you designate on your own side, under your own policy. We do not choose that person and we do not approve on your behalf.
During a pilot, how your sample is held, kept and deleted is set out in the schedule to the pilot letter you signed, and that schedule controls. Those deletion terms apply however the pilot ends.
7. Intellectual property
The Site, its text, its look, our report format, our method and our templates are ours. Your content stays yours: we take no ownership of it, and we use it only to perform the Services.
For a pilot, rights in the report are as set out in the pilot letter: the filled report is prepared for you, while the underlying format, method and templates stay ours. Nothing in these Terms or in a pilot assigns or licences either party's pre-existing material, or gives either party a right to the other's name, logo or trade marks. "NexGuardian" is our brand name; we make no claim that it is registered.
If you send us feedback about the Site or the Services, we may use it without restriction or obligation to you.
8. Confidentiality
Each of us keeps the other's non-public information confidential and uses it only for the Services. We will not use your name as a reference, publish your report, or reuse its contents as a case study without your written consent. This section survives the end of our dealings.
9. Other providers
The Site may link to sites and services we do not control. We are not responsible for them. Where the Services rely on another provider, the written order names the providers involved.
10. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date at the foot of this page and post the revised Terms on the Site. For a material change, we will take reasonable steps to bring it to your attention, which for anyone we hold a contact email for under a signed agreement means an email to that address.
Changes apply from the date we post them and only to your use of the Site from that date. Your continued use of the Site after we post a revised version means you accept it for that use. No change to a signed agreement for Services takes effect unless both parties sign a written change; nothing posted on the Site changes a signed agreement.
11. Suspension and ending access
You may stop using the Site at any time. We may suspend or end your access to the Site if you breach these Terms, if keeping access open would create a legal, security or operational risk, or if we discontinue the Site.
Ending a Service is governed by the written agreement for that Service: for a pilot, the pilot letter's ending section applies, and its schedule governs what happens to the sample. Sections 6, 7, 8, 10, 12, 13, 15 and 16 survive the end of these Terms.
12. Disclaimers
The Site is provided as it is and as it becomes available to you. We do not promise that the Site will be uninterrupted, that it will be free of errors, or that it will suit your particular purpose, and we do not promise that any capability in build will be delivered, or delivered by any date.
Nothing on the Site is legal, tax or accounting advice, and nothing on it makes you compliant with any law or rule. We hold no SOC 2 or ISO 27001 certification. Detection is best-effort over a defined scope: it reduces exposure and it does not catch everything, and our report states where it fails.
To the extent the law allows, we exclude the implied warranties that would otherwise apply to the Site.
13. Limitation of liability
To the fullest extent the law allows:
- Neither party is liable for indirect, incidental, special, consequential or punitive loss, or for lost profits, lost revenue, lost data or lost goodwill.
- Our total aggregate liability is limited to the fees paid to us in the twelve months before the claim arose.
The limits above do not apply to liability for gross negligence or wilful misconduct, to liability for infringement of the other party's intellectual property rights, to liability for breach of confidentiality obligations, or to liability that cannot be limited by law. Nothing in these Terms limits our obligations to handle your sample as the pilot letter's schedule requires.
Either party must bring any claim within twelve months after the cause of action arises. After that period the claim may not be brought or pursued in any form, whether it is framed in contract, in tort, under a statute or otherwise. Where the law that applies does not allow a limitation period to be shortened by agreement, that law governs instead of this twelve-month period.
14. Your responsibility for your use
You are responsible for how you use the Site and for your own compliance obligations, including those that apply to your firm, your clients and your staff. You confirm that you have the right to send us anything you send us, and that sending it does not breach a duty you owe to a client or a regulator.
15. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and each of us submits to their jurisdiction. Nothing in this section removes a right you have under a law that cannot be waived by agreement.
16. Notices
Notices to us go to [email protected] or by post to Nex Guardian LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA (registered agent mailing address; not a place of business). Notices to you go to the email address you give us under a signed agreement. Notice is effective when sent. If we have no email address for you, notice about these Terms is given by posting the revised version on the Site.
17. General
If a provision of these Terms is unenforceable, the rest stands. We may transfer our rights and obligations under these Terms to another business, on notice to you; you may not transfer yours without our written consent. A person who is not a party to these Terms has no rights under them. If we do not enforce a provision on one occasion, that is not a waiver of it. Nothing here creates a partnership, agency or employment relationship between us.
Last updated: [DATE]. Questions about these Terms: [email protected].