This Terms of Service Agreement (“Agreement”) is entered into by and between NEXAR Digital and the entity or individual placing an order for or accessing our services (“Customer”). This Agreement consists of the terms and conditions set forth below and any applicable Order Form. The “Effective Date” of this Agreement is the earlier of (a) the date Customer first accesses the Services through online registration, ordering, or provisioning, or (b) the Effective Date of the first Order Form referencing this Agreement. This Agreement governs Customer’s initial and future use of the Services.

NEXAR Digital reserves the right to modify this Agreement from time to time, as described in Section 13.4 (Amendment).

Capitalized terms shall have the meanings set forth in Section 1 or as defined where first used.

​

1. Definitions

 

1.1 “Authorized Devices” means any desktop, mobile, or other devices through which the Services are accessed and used.

 

1.2 “Content” means code, designs, documents, fonts, graphics, or other materials created or uploaded by Customer or its Users via the Services.

 

1.3 “Documentation” refers to any technical guides or manuals provided by NEXAR Digital to describe how to use and operate the Services.

 

1.4 “Services” means NEAR Digital’s proprietary cloud-based tools, applications, web design systems, and related software made available via our website or downloadable platforms. Each Order Form will detail the specific Services provided.

 

1.5 “Order Form” means any document (digital or physical) signed or submitted by the Parties that outlines the Services purchased by the Customer.

 

1.6 “Packages” or “Components” refers to add-ons or modules made available within the Services. These may be developed by NEXAR Digital, the Customer, or third parties. Packages developed by NEAR Digital are supported as part of the Services; we offer reasonable support for third-party components but do not guarantee functionality or compatibility.

​

1.7 “User” means any employee, contractor, or individual authorized by the Customer to access and use the Services under this Agreement.

 

1.8 “Services” (Expanded Definition) includes all proprietary SaaS tools, design platforms, creative software, and any downloadable mobile or desktop apps offered by NEAR Digital for web development, visual editing, or design collaboration. Subscriptions and access are governed by the Order Form.

 

2. License and Use Rights

 

2.1 Grant of License
NEAR Digital grants the Customer a non-exclusive, non-transferable, limited license during the term of this Agreement to:
(a) use the Services and download/install associated desktop or mobile applications on the number and type of Authorized Devices solely for internal business purposes in accordance with the Documentation, and
(b) use our cloud-based tools and hosted platforms to design, build, or manage web content on domains assigned or managed through NEAR Digital.

 

2.2 Access and Provisioning
NEAR Digital will provide secure login credentials, access protocols, and relevant documentation (collectively, “Access Protocols”) to allow Customer and its Users to use the Services. Access to NEAR Digital servers or systems is only permitted via authorized protocols.

 

The Customer is responsible for provisioning Users, assigning administrators, and managing account access and settings. The Customer assumes responsibility for all actions taken by its Users under this Agreement.