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Last Updated: October 7, 2026
Welcome, and thank you for your interest in Nexus Investing Inc. (“Nexus,” “we,” or “us”) and our website at www.nexusnil.ai, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Nexus regarding your use of the Service as an Athlete (defined below). For use of the Service on behalf of an Organization (defined below), please review your Master Customer Agreement or similar contract between you and Nexus.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING NEXUS’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND NEXUS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY NEXUS AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NEXUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Nexus provides tools and services aimed to support financial literacy for college athletes and similar individuals in the NIL era (each, an “Athlete”), including our proprietary curriculum (the “Nexus Curriculum”), AI-adaptive exam (the “Nexus Exam”), and certification (the “Nexus Certification” and collectively with the Nexus Curriculum and Nexus Exam, the “Nexus Program”), made available to Athletes via agreements and arrangements with organizations or entities who license the Nexus Program to make available to Athletes they are directly affiliated with (each an “Organization”). Examples of Organizations include but are not limited to (a) institutional budget owners such as NIL collectives, athletic directors, program GMs from educational institutions (each, an “Institution”) or (b) agencies who represent college athletes and similar individuals (each an “Agency”).
1.1Organizational Integration. Your Organization, not Nexus, determines whether and how the Nexus Program is used, including whether the Nexus Certification is required for release of funds or the execution of contracts. Nexus provides material for the Nexus Program and facilitates the certification process but does not control organizational or institutional decisions regarding fund disbursement, contract execution, or athlete eligibility.
2.1You may not agree to these Terms or any other terms if you are not legally allowed to, or if you are under 18 years old. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to expressly permit their use of the Service and to agree to these Terms. By permitting a Minor User to use the Service, the Guardian of the Minor User becomes subject to these Terms, and any other applicable terms. It is the Guardian’s responsibility to monitor and manage its Minor User’s access to the Service. IF YOU ARE A GUARDIAN AND YOU APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY MINOR USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH MINOR USER’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH MINOR USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICE BY SUCH MINOR USER. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age to form a binding contract or if you are a Minor User, you have your Guardian’s permission to access or use the Service, and your Guardian has read and agrees to these Terms on your behalf; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2.2Certain features of the Service are designed specifically for current NCAA student-athletes. By accessing athlete-specific features, you represent that you are a currently enrolled student-athlete at an NCAA member institution or have been authorized by your institution to access the Service.
3.1To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, date of birth, sports played, financial information, NIL contract information, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@investnexus.co.
3.2Your Nexus Certification status is tied to your individual account, not to a specific organization. If you transfer to another Organization (i.e., an institution that licenses the Nexus Program to provide to Athletes), your Nexus Certification history travels with you and remains valid. If you transfer to an organization that is not currently partnered with Nexus (i.e., not an Institution), your Nexus Certification record remains accessible through your personal account but may not be recognized or required by the receiving organization. If you transfer from an organization that does not partner with Nexus to a Nexus-partnered Organization, the Organization may require you to complete the full Nexus Certification process.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
4.1Price. Nexus reserves the right to determine pricing for the Service. Nexus will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to contact us for current pricing information. Nexus may change the fees for any feature of the Service, including additional fees or charges, if Nexus gives you advance notice of changes before they apply. Nexus, at its sole discretion, may make promotional offers with different features and different pricing to any of Nexus’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
5.1Limited License. Subject to your complete and ongoing compliance with these Terms, Nexus grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3Usage Data; Aggregated Data. Nexus may collect, access, use, disclose, transfer, transmit, store, host, or otherwise process information generated from the use of the Service, which data does not identify users, any other natural human persons, or you, such as technical logs, data, and learnings about your use of the Service, but excluding any identifiable User Content (defined below) (“Usage Data”) and any data that you submits to the Service, including from third-party platforms that is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by Nexus to provide the Service to you that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies you or a specific individual for internal business purposes (“Aggregated Data”) to: (a) track use of Service for billing purposes; (b) provide support for Service; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) to improve Service, its other products and services, and to develop new products and services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. You will not interfere with the collection of Usage Data.
5.4Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Nexus an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
The Service is owned and operated by Nexus. The visual interfaces, graphics, design, compilation, information, data, algorithms, models, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Nexus (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Nexus or its third-party licensors. Except as expressly authorized by Nexus, you may not make use of the Materials. There are no implied licenses in these Terms and Nexus reserves all rights to the Materials not granted expressly in these Terms.
7.1Third-Party Services and Linked Websites. Nexus may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as TurboTax, Plaid, X or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Nexus to transfer that information to the applicable third-party service. Third-party services are not under Nexus’s control, and, to the fullest extent permitted by law, Nexus is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Nexus’s control, and Nexus is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Nexus will have no control over the information that has been shared.
7.2Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8.1User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, images, folders, data, text, contracts, financial information, marketing documents, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2Limited License Grant to Nexus. By Posting User Content to or via the Service, you grant Nexus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, train and improve our Services, curriculum, models, and algorithms (such as to dynamically update curriculum and exams based on Athlete progress and otherwise customize your experience), modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Nexus’s exercise of the license set forth in this Section.
8.3Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and X, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Nexus disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
(a)you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Nexus and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Nexus, the Service, and these Terms;
(b)your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Nexus to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c)your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Nexus may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Nexus with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Nexus does not permit infringing activities on the Service.
8.6Monitoring Content. Nexus does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Nexus reserves the right to, and may, from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Nexus chooses to monitor the content, then Nexus still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Nexus may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
8.7Dashboard and Analytics. Nexus provides Organizational administrators with a dashboard to monitor certification completion status and where such Organizational administrators may be able to view certain Athlete information such as revenue share contracts, Athlete financial information and related aggregate metrics. Athlete’s private contracts with third parties (that do not involve a revenue share or other direct relationship with the Organization), transaction-level financial data, and Athlete’s personal information are not shared with Organizational administrators unless explicitly authorized by the applicable Athlete (including via the functionality on the Service).
9.1Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
9.2Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
BY USING THE SERVICE, YOU AGREE NOT TO:
10.1use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.2harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
10.3violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.4access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Nexus;
10.5interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing, or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.6interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
10.7perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
10.8sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
10.9attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11.1Respect of Third-Party Rights. Nexus respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Nexus Investing Inc.
Attn: Legal Department (IP Notification)
245 Lindenbrook Road
Woodside, CA 94062
Email: ip-infringement@investnexus.co
11.3Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
Your Notification of Claimed Infringement may be shared by Nexus with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Nexus making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4Repeat Infringers. Nexus’s policy is to: (a) remove or disable access to material that Nexus believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Nexus will terminate the accounts of users that are determined by Nexus to be repeat infringers. Nexus reserves the right, however, to suspend or terminate accounts of users at our sole discretion.
11.5Counter Notification. If you receive a notification from Nexus that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Nexus with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Nexus’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Nexus in response to a Notification of Claimed Infringement, then Nexus will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Nexus will replace the removed User Content or cease disabling access to it in 10 business days, and Nexus will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Nexus’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Nexus’s system or network.
11.7False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Nexus relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Nexus reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13.1Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Nexus may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination, including if our contract with the Organization through which you receive access to the Service expires or is terminated. You may terminate your account and these Terms at any time by contacting customer service at info@investnexus.co.
13.3Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Nexus any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.4 (Feedback), 6 (Ownership; Proprietary Rights), 8 (User Content), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Nexus), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. Upon termination, your certification record will be retained for 30 days to allow for verification by other Organizations within the Nexus network. Your personal financial data will be deleted in accordance with our Privacy Policy. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
13.4Modification of the Service. Nexus reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Nexus will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Nexus, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Nexus Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any financial decision you make based on information provided through the Services; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15.1THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEXUS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEXUS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEXUS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR NEXUS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NEXUS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.3THE SERVICE, THE NEXUS PROGRAM (INCLUDING THE NEXUS CURRICULUM, NEXUS EXAM, AND NEXUS CERTIFICATION), AND ALL MATERIALS, CONTENT, AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE, AND ARE NOT A SUBSTITUTE FOR, FINANCIAL, INVESTMENT, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE, AND NO FIDUCIARY, ADVISORY, OR PROFESSIONAL-CLIENT RELATIONSHIP IS CREATED BETWEEN YOU AND ANY NEXUS ENTITY THROUGH YOUR USE OF THE SERVICE. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING ANY FINANCIAL, INVESTMENT, OR LEGAL DECISION. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON THE NEXUS PROGRAM OR ANY MATERIALS, CONTENT, OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE, AND THE NEXUS ENTITIES WILL HAVE NO LIABILITY FOR ANY SUCH DECISION, ACTION, OR RELIANCE.
15.4THE SERVICES INCLUDE ARTIFICIAL INTELLEGIENCE POWERED FEATURES SUCH AS PERSONALIZED CURRICULUM DELIVERY, ADAPTIVE EXAM GENERATION, CONTRACT ANALYSIS TOOLS, AND DAILY FINANCIAL INSIGHTS (COLLECTIVELY, “AI TOOLS”). THESE AI TOOLS ARE DESIGNED TO EDUCATE AND INFORM ONLY. NEXUS DATA, INCLUDING (a) MARKET DATA; (b) FUNDAMENTAL DATA SUCH AS FINANCIAL REPORTS, ANALYSIS DATA, TAX DATA; (c) GENERAL NEWS AND INFORMATION; (d) EDUCATIONAL MATERIAL AND INFORMATION, AI TOOLS, AND THE SERVICE IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION.
15.5THE NEXUS NIL FINANCIAL LITERACY CERTIFICATE REPRESENTS SUCCESSFUL COMPLETION OF THE NEXUS CURRICULUM AND EXAMINATION. IT DOES NOT CONSTITUTE A PROFESSIONAL LICENSE, CREDENTIAL, OR GUARANTEE OF FINANCIAL COMPETENCY. IT IS NOT ISSUED BY ANY GOVERNMENT, REGULATORY, OR ACCREDITATION BODY.
15.6NEXUS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR APPLICABILITY OF ANY INFORMATION FROM NEXUS, AI TOOLS OR ANY AI-GENERATED CONTENT. THE NEXUS EXAM AND CURRICULUM MAY BE GENERATED IN WHOLE OR IN PART USING GENERATIVE AI TECHNOLOGY AND IS ADAPTIVE IN NATURE. IT MAY NOT PERFECTLY CAPTURE, REFLECT, OR BE TAILORED TO ALL INFORMATION, CIRCUMSTANCES, OR NEEDS SUITED TO A PARTICULAR ATHLETE. EXAM QUESTIONS, TOPIC, AND DIFFICULTY LEVELS MAY BE ALGORITHIMICALLY GENERATED AND MAY OR MAY NOT VARY AMONG ATHLETES. NEXUS DOES NOT WARRANT THAT THE EXAM OR CURRICULUM WILL COMPREHENSIVELY COVER ALL TOPIC RELEVANT TO ANY INDIVIDUAL ATHLETE’S SPECIFIC NIL SITUATION, SPORT, ORGANIZATION, INSTITUTION, AGENCY, OR FINANCIAL CIRCUMSTANCES. INFORMATION PROVIDED TO USERS DOES NOT CONSTITUTE INVESTMENT ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY RISK, RESULT, OR CONSEQUENCE ARISING FROM THE ACTIONS TAKEN BASED ON OR IN RELIANCE OF THE INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE SERVICES, AND NEXUS DOES NOT BEAR ANY LEGAL RESPONSIBILITY FOR ANY RESULTS OF THOSE ACTIONS.
15.7THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY NEXUS) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Nexus does not disclaim any warranty or other right that Nexus is prohibited from disclaiming under applicable law.
16.1TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEXUS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NEXUS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NEXUS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO NEXUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
16.3EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.1Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Nexus agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEXUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Nexus Investing, Inc., Attention: Legal Department – Arbitration Opt-Out, 245 Lindenbrook Road Woodside, CA 94062 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Nexus receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Nexus.
17.5Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Nexus’s address for Notice is: Nexus Investing Inc., 245 Lindenbrook Road Woodside, CA 94062. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Nexus may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
17.6Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Nexus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Nexus before an arbitrator was selected, Nexus will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8No Class Actions. YOU AND NEXUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17.9Modifications to this Arbitration Provision. If Nexus makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Nexus’s address for Notice of Arbitration, in which case your account with Nexus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Nexus receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
18.1General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Nexus regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Nexus submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3Privacy Policy. Please read the Nexus Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Nexus Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. If you are accessing the service through an Organizational agreement (e.g. through your university athletic department, Agency, NIL collective, or program), your Organization’s agreement with Nexus may include additional terms that supplement or modify these terms. In the event of a conflict, the Organizational agreement shall control.
18.5Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6Contact Information. The Service is offered by Nexus Investing Inc., located at 245 Lindenbrook Road Woodside, CA 94062. You may contact us by sending correspondence to that address or by emailing us at info@investnexus.co.
18.7Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
18.10AI Use. Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability and safety. When you use our Services, you acknowledge and agree: (a) AI Tools and outputs generated from AI Tools (“Outputs”), which may include portions of the Service (such as portions of exams and curriculum), may not always be accurate, complete, up-to-date, or appropriately tailored, and may contain material inaccuracies and errors, even if they appear accurate, complete, and up-to-date; (b) you should not rely on, use, or make decisions based on any Outputs without independently confirming their accuracy, completeness, and appropriateness; and (c) Outputs may contain content that is inconsistent with Nexus’s views.
This Section 19 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Nexus only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Program name: Nexus account texts.
What is sent: verification codes, account notifications such as a deal or tax notice you asked to be told about, replies from Nexa to a text you sent her, and follow-ups about the waitlist you joined. No marketing is sent under this program.
How you opt in: by checking the separate, unchecked text-message consent box on a Nexus form and submitting it, or by texting a Nexus number first. Consent is not a condition of joining the waitlist, of booking a call, or of holding an account.
Frequency: message frequency varies.
Cost: Message and data rates may apply.
To stop: reply STOP to any message and you will receive one confirmation and nothing after it. Reply START to begin again.
For help: reply HELP to any message. Support contact: Not yet decided.
Your information: how your phone number and your consent are handled is in the privacy policy. Text messaging originator opt-in data and consent are never shared with any third party.
Carriers are not liable for any delayed or undelivered messages.