TERMS OF SERVICE & USER AGREEMENT

NexBot Cloud Platform & Robotics Services

Last Updated: November 2025

⚠️ LEGALLY BINDING AGREEMENT

PLEASE READ THESE TERMS CAREFULLY. By registering for and using the NexBot Cloud Platform services, you are entering into a legally binding contract with NexBot Cloud Platform and its affiliated entities. If you do not agree to these terms in their entirety, you must not register for or use our services.

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "user"), and NexBot Cloud Platform, its subsidiaries, affiliates, and service providers (collectively, "NexBot Cloud Platform", "we", "us", or "our"), concerning your access to and use of the NexBot Cloud Platform website, mobile applications, robotics control systems, and all associated services (collectively, the "Platform" or "Services").

By clicking "I Agree" or by accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

1.1 Age Eligibility

You must be at least 13 years of age to use the Platform. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Platform, you represent and warrant that you meet these age requirements. If we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe we have collected information from a child under 13, please contact us at support@nexbot.cloud.

1.2 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using the Platform, you also agree to our Privacy Policy, which is incorporated into these Terms by reference. You can review our Privacy Policy at https://nexbot.cloud/privacy.

IMPORTANT: If you are entering into this Agreement on behalf of a company, organization, educational institution, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Platform Ownership

The Platform and all of its original content, features, functionality, source code, algorithms, and infrastructure are and will remain the exclusive property of NexBot Cloud Platform and its licensors. The Platform is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign jurisdictions.

2.2 Trademark Protection

Our trademarks, service marks, logos, trade names, and trade dress (collectively, "Marks") may not be used in connection with any product or service without the prior written consent of NexBot Cloud Platform. All other trademarks, service marks, logos, and trade names appearing on the Platform are the property of their respective owners.

2.3 Copyright Infringement

YOU EXPRESSLY AGREE NOT TO:

COPYRIGHT VIOLATION CONSEQUENCES

Violation of intellectual property rights may result in immediate account termination, legal action seeking injunctive relief and monetary damages (including statutory damages up to $150,000 per work under 17 U.S.C. § 504, to the extent permitted by law), and potential reporting to law enforcement authorities. We reserve the right to cooperate fully with all intellectual property right enforcement agencies and prosecute infringers to the fullest extent of the law.

3. PROHIBITED USES AND USER CONDUCT

3.1 Platform Misuse

You agree NOT to use the Platform or Services for any of the following prohibited purposes:

3.2 Robot Misuse and Abuse

CRITICAL - ROBOT OPERATION RESPONSIBILITIES:

ABUSE CONSEQUENCES

ANY ABUSE OR MISUSE OF THE PLATFORM OR ROBOTS MAY RESULT IN:

  • Immediate termination of your account, to the extent permitted by law
  • Potential reporting to law enforcement authorities if criminal activity is suspected
  • Legal action to recover damages and costs, to the extent permitted by law
  • Cooperation with authorities in any resulting investigations or prosecutions
  • Suspension or ban from NexBot Cloud Platform services, to the extent permitted by law

4. ROBOT DAMAGE AND LIABILITY DISCLAIMER

4.1 No Warranty on Robot Hardware

NexBot Cloud Platform provides cloud-based software and control services ONLY. We do not manufacture, sell, distribute, repair, or warrant any robot hardware. Your robot is manufactured and warranted (if at all) by its respective manufacturer (SoftBank Robotics, Aldebaran Robotics, Embodied Inc., Unitree Robotics, or others).

4.2 User Responsibility for Robot Care

YOU ACKNOWLEDGE AND AGREE THAT:

4.3 Damage Caused by Misuse

NEXBOT CLOUD PLATFORM EXPRESSLY DISCLAIMS ALL LIABILITY FOR ROBOT DAMAGE CAUSED BY:

COMPLETE DISCLAIMER OF LIABILITY

NEXBOT CLOUD PLATFORM, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR ROBOT, INCLUDING BUT NOT LIMITED TO:

  • Physical damage to robot hardware components (motors, sensors, screens, cameras, etc.)
  • Software corruption or firmware damage
  • Loss of robot functionality or performance degradation
  • Data loss or corruption
  • Costs of repair or replacement
  • Lost business opportunities or revenue
  • Consequential, indirect, incidental, special, punitive, or exemplary damages

YOU ASSUME ALL RISK OF ROBOT DAMAGE AND AGREE TO HOLD NEXBOT CLOUD PLATFORM COMPLETELY HARMLESS.

4.4 Third-Party Manufacturer Responsibility

For any hardware defects, malfunctions, or warranty claims, you must contact the robot manufacturer directly. NexBot Cloud Platform is not authorized to provide warranty service, repairs, or technical support for robot hardware. Manufacturer contact information:

5. NEXBOT CLOUD PLATFORM HARDWARE DISCLAIMER

5.1 NexBot-Hub Device Disclaimer

NexBot-Hub is an optional ESP32-based proxy device that facilitates secure HTTPS communication between robots and the cloud platform. While we strive to provide reliable hardware:

EXCEPT FOR THE LIMITED REMEDY DESCRIBED IN SECTION 5.3 BELOW, NEXBOT CLOUD PLATFORM PROVIDES NO WARRANTIES FOR NEXBOT-HUB DEVICES, INCLUDING:

5.2 User Responsibility for NexBot-Hub

If you choose to use a NexBot-Hub device, you agree that:

5.3 Limited Remedy

LIMITED REMEDY: If a NexBot-Hub device is defective within 30 days of purchase, our sole obligation is to replace the device or refund the purchase price, at our discretion. This is your exclusive remedy.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL NEXBOT CLOUD PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NEXBOT CLOUD PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MAXIMUM LIABILITY CAP

IN ANY EVENT, THE TOTAL LIABILITY OF NEXBOT CLOUD PLATFORM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO NEXBOT CLOUD PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NexBot Cloud Platform, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

This indemnification obligation will survive the termination of these Terms and your use of the Platform.

8. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEXBOT CLOUD PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. TERMINATION

9.1 Termination by NexBot Cloud Platform

We reserve the right to suspend or terminate your account and access to the Platform immediately, without prior notice or liability, to the extent permitted by law, for any reason, including but not limited to:

9.2 Effect of Termination

Upon termination:

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

10.2 Jurisdiction

Except for disputes subject to binding arbitration under Section 10.3 below, you agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for the purpose of litigating claims or disputes, including matters related to enforcing arbitration agreements, confirming arbitration awards, or seeking injunctive relief.

10.3 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: For consumers, NexBot Cloud Platform will pay all arbitration filing fees for claims under $10,000. For claims over $10,000, fees will be allocated according to the AAA rules and applicable law.

Small Claims Court Exception: Notwithstanding the arbitration requirement, you may bring an individual action in small claims court if your claim qualifies and remains in small claims court.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to support@nexbot.cloud within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all disputes will be resolved in the courts specified in Section 10.2.

10.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11. GENERAL PROVISIONS

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NexBot Cloud Platform regarding the Platform and supersede all prior agreements and understandings.

11.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform. Your continued use of the Platform after such modifications constitutes your acceptance of the modified Terms.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

11.6 No Agency

No joint venture, partnership, employment, or agency relationship exists between you and NexBot Cloud Platform as a result of these Terms or your use of the Platform.

11.7 Force Majeure

NexBot Cloud Platform shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.8 Export Controls and Sanctions Compliance

The Platform and related technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export control laws and regulations. You represent and warrant that:

12. CONTACT INFORMATION

For questions about these Terms, please contact us at:

NexBot Cloud Platform Support
Email: support@nexbot.cloud
Website: https://nexbot.cloud
Response Time: Within 24-48 hours

ACKNOWLEDGMENT

BY CLICKING "I AGREE" OR BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

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