Terms of Service

"Customer" means the business or individual who subscribes to the Service. "Authorised User" means an employee, contractor or other person the Customer permits to access the Service under the Customer's account. "Customer Data" means data, content, files, records and information the Customer or its Authorised Users submit to or generate within the Service. "End Customer" means the Customer's own customers — the people whose details, repairs, bespoke jobs, invoices or tracking pages the Customer manages through the Service. "End Customer Data" means data relating to End Customers entered into the Service by the Customer. "Subprocessor" means a third-party service provider engaged by Nexpura to help operate, secure or support the Service.

Nexpura is a software-as-a-service platform designed for jewellery businesses, providing tools that may include inventory management, point of sale, customer relationship management, repair and bespoke job tracking, invoicing, quotes, customer-facing tracking pages, AI-assisted features, reporting and related operational tooling. The Service is provided as-is and as-available, with features added, changed or removed over time. Nexpura is not a jeweller, repairer, appraiser, legal adviser, accountant, insurer, tax adviser, payment adviser, or gemmologist.

The Service is intended for use by businesses for their own legitimate business purposes. The relationship between the Customer and its End Customers — including pricing, repair quality, bespoke workmanship, refunds, warranties, advice and consumer-law obligations — is between the Customer and the End Customer. Nexpura is not a party to that relationship. Customers remain responsible for staff access, customer relationships, legal compliance, pricing, repairs, bespoke jobs, refunds, consumer obligations and the data they enter into the platform.

You must provide accurate, current and complete information when creating your account and keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account or by your Authorised Users. You must notify us promptly at hello@nexpura.com if you suspect any unauthorised access. You are responsible for ensuring that each of your Authorised Users complies with these Terms.

Nexpura offers tiered subscription plans — Boutique, Studio and Atelier — billed on a recurring basis. Pricing is shown in your regional currency (such as AUD, USD, GBP or EUR) based on your location, and prices listed on the pricing page are exclusive of applicable taxes; taxes (such as GST, VAT or US sales tax) are calculated and added at checkout based on your billing address. New accounts may begin with a 14-day free trial. Payment details may be required to activate the trial. You will not be charged until your trial ends, and you may cancel at any time before the trial ends to avoid being charged. After the trial, the Service is billed in advance for each subscription period and renews automatically until cancelled. All payments are processed by our payments subprocessor (Stripe). You authorise us and Stripe to charge your nominated payment method for all fees due. Fees are non-refundable except as expressly set out in these Terms or where required by law.

You may cancel your subscription or change plans at any time through your account settings. Cancellation takes effect at the end of the then-current billing period; you retain access until that period ends. Downgrades take effect at the next billing period and may reduce available features or limits. Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable, and we do not provide refunds or credits for partial subscription periods or unused features.

Customer Data remains yours. You retain all right, title and interest in and to Customer Data. You grant Nexpura a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display and otherwise use Customer Data solely as needed to provide, secure, support and improve the Service for you, and to comply with our legal obligations. We do not sell Customer Data, and we do not use Customer Data for third-party advertising.

When you enter information about your End Customers into the Service — including details used to generate tracking pages, repair status updates, invoices or notifications — you confirm that you have the necessary rights and lawful basis to provide that information to us and to send the resulting communications. You are the controller of End Customer Data; Nexpura processes End Customer Data on your behalf as part of providing the Service. You are responsible for ensuring your handling of End Customer Data complies with applicable privacy and consumer-protection laws.

Account owners and managers can export a copy of their tenant's Customer Data from inside the application. Account owners can also submit a deletion request from within the application or by writing to hello@nexpura.com. Deletion is processed as a 30-day soft-delete window during which the request can be cancelled and the account restored. After the window closes, tenant data is permanently and irreversibly deleted from our active systems. Routine encrypted backups follow a separate, time-limited retention schedule before being purged. Records that we are required to retain by law (such as tax invoices and payment records) are kept for the period required.

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge our Privacy Policy.

We use reasonable technical and organisational measures designed to protect the Service and Customer Data, as described in our Security Statement. No platform can guarantee absolute security. You are responsible for safeguarding your own account credentials, configuring user access appropriately, keeping the devices and networks you use to access the Service secure, and promptly notifying us of any suspected compromise.

You agree to use the Service only for lawful business purposes. You must not, and must not permit any Authorised User or third party to: violate any law or third-party right; upload, send or store unlawful, infringing, defamatory, harassing, deceptive or harmful content; attempt to access, probe, reverse-engineer, disable or interfere with the Service or its security controls; introduce malware, viruses or harmful code; use the Service to send unsolicited messages or otherwise breach anti-spam, telemarketing or consumer-protection laws; or use the Service to compete with Nexpura or build a competing product. We may investigate and take appropriate action — including suspending or terminating access — in response to suspected violations.

The Service may include AI-assisted features powered by third-party AI providers. AI-generated outputs may contain errors, omissions or inaccuracies, and should be treated as drafts that require human review. Users remain responsible for reviewing AI outputs before relying on them or sharing them with End Customers. You must not use AI features to generate unlawful, harmful, deceptive or infringing content. We may log inputs and outputs from AI features for service operation, abuse-prevention and quality purposes; AI providers process inputs in accordance with their own terms.

The Service relies on, and may integrate with, third-party services and Subprocessors (including, for example, hosting, database, payment, email, messaging and AI providers). Your use of any third-party service accessed through or in connection with the Service is governed by that third party's own terms and privacy practices. We are not responsible for third-party services, their availability, or their handling of data once it leaves the Service through an integration you authorise.

The Service, including all software, designs, text, graphics, logos and other content provided by Nexpura, and all related intellectual-property rights, are owned by Nexpura or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal business purposes during the term of your subscription. No other rights are granted by implication, estoppel or otherwise.

If you provide feedback, ideas or suggestions about the Service, you grant Nexpura a perpetual, irrevocable, royalty-free, worldwide licence to use, modify and incorporate that feedback into the Service or other products, without obligation to you.

We aim to keep the Service available, but do not guarantee uninterrupted, error-free or always-on operation. From time to time we may modify, add, remove, suspend or discontinue features, in whole or in part, with or without notice. Where reasonable, we will give advance notice of significant changes that materially reduce functionality. Scheduled maintenance windows will be communicated in advance where possible.

Standard support is provided by email at hello@nexpura.com during ordinary Australian business hours. Response times depend on your subscription plan, the nature of the issue and current support volumes. Nothing in these Terms creates a service-level agreement unless agreed separately in writing.

Each party may receive non-public information from the other in connection with the Service. The receiving party will use the disclosing party's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it to third parties except to its personnel and Subprocessors with a need to know who are bound by confidentiality obligations, or as required by law. Confidentiality obligations do not apply to information that is or becomes public other than through breach of these Terms, was independently developed without reference to the disclosing party's information, or is rightfully received from another source without confidentiality restrictions.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, fully secure, free of viruses or harmful components, or that defects will be corrected. We do not warrant the accuracy, completeness or reliability of any AI-generated outputs, third-party content or third-party services. Nexpura is not a jeweller, repairer, appraiser, legal adviser, accountant, insurer, tax adviser, payment adviser, or gemmologist; nothing in the Service constitutes professional advice.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (ACL) or any other applicable law ("Non-Excludable Rights"). To the extent permitted to limit our liability for breach of a non-excludable consumer guarantee or warranty, our liability is limited, at Nexpura's option, to: supplying the Service again, or paying the cost of having the Service supplied again. The limitations and exclusions in these Terms apply only to the extent permitted by law.

To the maximum extent permitted by law, and subject to your Non-Excludable Rights: neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings, business opportunity, data, or for any business interruption, however arising, whether in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such damages. Nexpura's total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of: (a) the amount you paid Nexpura in the three (3) months immediately preceding the event giving rise to the liability; or (b) AUD $100. The limitations in this section do not apply to the extent liability is caused by Nexpura's fraud or wilful misconduct, or to liability that cannot lawfully be excluded.

You agree to defend, indemnify and hold harmless Nexpura and its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your or your Authorised Users' use of the Service in breach of these Terms or applicable law; (b) Customer Data or End Customer Data, including any claim by an End Customer or third party relating to that data or the products or services you provide them; (c) your handling of refunds, repairs, bespoke jobs, pricing, advice or other obligations to your End Customers; or (d) your infringement of any third-party right.

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if: you breach these Terms; payment for the Service is overdue; we reasonably believe your use of the Service poses a security, legal or operational risk; or we are required to do so by law. You may terminate your subscription at any time as described in §7. On termination, your right to access the Service ends, and we may delete Customer Data after the data-retention windows described in §10 and our Privacy Policy. Sections that by their nature should survive termination — including but not limited to Customer Data Ownership, Intellectual Property, Confidentiality, Disclaimers, Australian Consumer Law, Limitation of Liability, Indemnity, Governing Law and Contact — survive termination.

We may update these Terms from time to time. Where changes are material, we will give reasonable advance notice by email or in-app notification before they take effect. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. The date at the top of this page indicates when these Terms were last updated.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts hearing appeals from them, except that either party may seek urgent injunctive or equitable relief in any court of competent jurisdiction.

Nexpura is operated by NEXPURA PTY LTD (ACN 696 370 171 · ABN 93 696 370 171), registered in New South Wales, Australia. For questions about these Terms, contact us at hello@nexpura.com.