Terms of Service
Last updated: March 31, 2026
These Terms of Service ("Terms") govern your access to and use of the Nax platform and related services. By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Definitions
- "Service" refers to the Nax platform, including the web application, mobile interfaces, APIs, and all related features and tools.
- "Organization" refers to the entity (venue owner, security firm, or other business) that creates an account and subscribes to the Service.
- "User" refers to any individual who accesses the Service, including Administrators, Managers, and Staff.
- "Customer Data" refers to all data submitted to the Service by or on behalf of an Organization, including venue information, occupancy counts, shift reports, and account details.
- "Subscription" refers to the paid plan selected by an Organization to access the Service.
Account registration and access
To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Administrators are responsible for managing User access within their Organization, including the creation of Manager and Staff accounts and the assignment of venue permissions. You agree to promptly notify us of any unauthorized access to your account.
You must be at least 18 years of age to create an account. By creating an account on behalf of an Organization, you represent and warrant that you have the legal authority to bind that Organization to these Terms.
Use of the Service
The Service provides a digital tool for tracking venue occupancy, managing access points, generating analytics, and filing operational reports. The Service is intended to assist with venue management and is provided as an operational aid.
The Service does not constitute a certified occupancy measurement system, a legal compliance tool, or a substitute for professional safety assessment. Occupancy counts provided by the Service are based on manual inputs by your staff and may not reflect actual occupancy at any given time. You are solely responsible for ensuring compliance with all applicable local, regional, and national occupancy, safety, and licensing regulations.
Nax does not guarantee the accuracy, completeness, or reliability of any data generated by the Service. Decisions made based on data from the Service are made at your own discretion and risk.
Subscriptions and billing
a. Free trial
New Organizations receive a 7-day free trial with full access to the Service. No payment information is required during the trial period. At the end of the trial, access to the Service is suspended until a Subscription is activated.
b. Subscription plans
The Service is offered under tiered Subscription plans with varying venue limits. Current plans and pricing are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.
c. Payment and renewal
Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. Subscriptions renew automatically unless cancelled before the end of the current billing period. You are responsible for providing accurate and current payment information.
d. Cancellation
You may cancel your Subscription at any time through the Service. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods. Upon cancellation, your data remains accessible in read-only mode for 30 days, after which it is permanently deleted.
Data ownership
You retain all rights to your Customer Data. By using the Service, you grant Nax a limited, non-exclusive license to process your Customer Data solely for the purpose of providing and improving the Service.
Nax may generate and use aggregated, anonymized, and de-identified data derived from your use of the Service for purposes such as analytics, benchmarking, and service improvement. Such aggregated data will not identify you or your Organization.
Prohibited conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to the Service, other accounts, or related systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to collect personal data about venue guests or visitors beyond what the Service provides
- Resell, sublicense, or redistribute access to the Service without prior written consent
- Submit false, misleading, or fraudulent data through the Service
Third-party services
The Service may integrate with or rely on third-party services for functionality such as payment processing, email delivery, and infrastructure hosting. Your use of such third-party services is subject to their respective terms and privacy policies. Nax is not responsible for the availability, accuracy, or practices of any third-party service.
Disclaimer of warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Nax disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Nax does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. Nax does not warrant the accuracy or reliability of any data, analytics, or forecasts generated by the Service.
No information or advice, whether oral or written, obtained from Nax or through the Service creates any warranty not expressly stated in these Terms.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Nax, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, data, business opportunities, or goodwill, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability.
Nax's total cumulative liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to Nax during the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations in this section apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, Nax's liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Nax and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any inaccuracy in data you submit to the Service; or (e) your failure to comply with occupancy, safety, or licensing regulations applicable to your venue or operations.
Termination
You may terminate your account at any time by contacting us or through the account settings in the Service. Nax may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or if required by law.
Upon termination, your right to use the Service ceases immediately. Sections relating to data ownership, disclaimer of warranties, limitation of liability, indemnification, and governing law survive termination.
Force majeure
Nax shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, power or internet outages, infrastructure provider failures, cyberattacks, pandemics, war, or civil unrest. During such events, our obligations under these Terms are suspended for the duration of the event.
General provisions
a. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
b. Waiver
The failure of Nax to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by Nax.
c. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nax regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.
d. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Nax may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent.
Changes to these terms
We may revise these Terms from time to time. Material changes will be communicated via email or through a notice on the Service at least 30 days before they take effect. Your continued use of the Service after the revised Terms take effect constitutes acceptance. If you do not agree with the revised Terms, you must stop using the Service and cancel your Subscription.
Contact us
If you have questions about these Terms, contact us at:
Nax
Email: legal@nax.app