Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the SaaS platform (“Service”) provided by NexoGlyph LLC (“Company,” “we,” “us,” or “our”), a limited liability company registered in Texas, United States. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility

The Service is intended for use by union staff and union members of legal working age. By using the Service, you represent that you meet these requirements.

2. Services Provided

The Service provides unions with tools for:

• Membership database management
• Grievance tracking
• File and document storage
• Internal announcements
• Voting functionality

3. Accounts

• Registration: Access requires an account. You agree to provide accurate, current, and complete information when registering.
• Security: You are responsible for safeguarding your login credentials and for all activity under your account.
• Restrictions: Account sharing is prohibited.
• Termination: We may suspend or terminate accounts at our discretion, including for non-payment, violation of these Terms, or misuse.

4. User-Generated Content

• Users may upload or submit content, including documents, announcements, and votes (“User Content”).
• Users retain ownership of their User Content but grant NexoGlyph LLC a limited license to store, process, and display such content solely for operating the Service.
• You agree not to upload unlawful, harmful, infringing, or abusive content.

5. Third-Party Services

We may use third-party services, such as payment processors, to facilitate the Service. By using the Service, you authorize us to share necessary information with such providers. We reserve the right to add or change third-party providers at our discretion.

6. Payments and Billing

• Subscription: Unions are billed a monthly subscription fee to retain a dedicated virtual private server instance of Kolexis.
• Currency: All fees are payable in USD only.
• Taxes: No taxes will be collected by NexoGlyph LLC.
• Refunds: All payments are final. No refunds are offered.

7. Ownership and Intellectual Property

• The Service, including all software, features, design, branding, and proprietary content, is the exclusive property of NexoGlyph LLC.
• User Content remains the property of the users.
• Except as expressly permitted, you may not copy, distribute, modify, or create derivative works of the Service.

8. Prohibited Uses

You agree not to:

• Reverse engineer, copy, or resell the Service.
• Scrape, harvest, or extract data without authorization.
• Upload viruses, malware, or interfere with system performance.
• Use the Service for unlawful purposes, harassment, or abuse.
• Use the Service for anything other than legitimate union affairs.

9. Disclaimer of Warranties

The Service is provided “as is” and “as available.”
We make no warranties or guarantees of any kind, whether express or implied, including but not limited to availability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law:

• NexoGlyph LLC’s total liability for any claim shall not exceed the total subscription fees paid by the union during the six (6) months preceding the claim.
• We are not liable for indirect, incidental, special, or consequential damages, including lost profits, data, or goodwill.

11. Indemnification

You agree to indemnify, defend, and hold harmless NexoGlyph LLC, its officers, employees, and affiliates from any claims, damages, or expenses arising out of your misuse of the Service, unlawful content, or violation of these Terms.

12. Privacy and Cookies

Data collection and use are governed by our separate Privacy Policy, which also includes the Cookie Policy. Please review it carefully.

13. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflicts of law principles.

14. Dispute Resolution

• All disputes will be resolved through binding arbitration conducted in Texas, in English, under the rules of the American Arbitration Association (AAA).
• You waive any right to participate in class actions or class-wide proceedings.
• The arbitration decision shall be final and binding.

15. Termination

We may suspend or terminate accounts and access to the Service at any time, with or without cause, including for violations of these Terms or non-payment.

16. Amendments

We reserve the right to amend these Terms at any time. Updates will take effect immediately upon posting to the website. Continued use of the Service constitutes acceptance of updated Terms.

17. Contact Information

For questions or concerns about these Terms, please contact us at:

NexoGlyph LLC
5900 Balcones Drive, STE 100
Austin, TX, 78731
USA

Email: john.pieroni@nexoglyph.com

 Privacy Policy

This Privacy Policy explains how NexoGlyph LLC (“we,” “us,” or “our”) processes data in connection with the Kolexis SaaS platform (“Kolexis” or “Service”). This Policy applies only to the Kolexis platform and does not cover NexoGlyph LLC’s public-facing websites.

By using Kolexis, you acknowledge and agree to the practices described in this Policy.

1. Data Controller and Data Processor

• Each union that subscribes to a Kolexis instance is the Data Controller for all data it enters into the platform, including member and union records.
• NexoGlyph LLC acts solely as the Data Processor, operating the platform on behalf of the union in accordance with its instructions.

2. Data We Collect

• Account Data: To create an account, only first name, last name, and email are required. Additional details may be voluntarily provided by the user or entered by the union.
• Union Data: Unions may enter and store membership rosters, grievance records, voting records, dues information, and uploaded documents/files.
  
• Technical Data: We automatically log IP addresses, device/browser information, and usage statistics for security and performance monitoring.
• Payment Data: All sensitive financial processing for membership dues is handled directly by Stripe. NexoGlyph LLC only retains minimal metadata (such as transaction ID and payment status).

3. How We Use Data

• To provide, operate, and maintain the Kolexis platform.
• To manage account authentication and access.
• To process membership dues via our payment processor.
• To improve performance and security.
• To conduct analytics and diagnostics in aggregated and anonymized form to improve product features.
• Data is never sold to third parties.

4. Sharing and Disclosure

• Hosting Provider: Kolexis instances are hosted on DigitalOcean, which provides secure cloud infrastructure.
• Payment Processor: All membership dues transactions are processed by Stripe.
• Legal Compliance: We may disclose information if required by law, subpoena, or government request. Where legally permissible, union staff will be notified prior to disclosure.

5. User Rights

Because unions are the Data Controllers, all requests for access, correction, or deletion of personal data must be directed to the union staff or administrators. NexoGlyph LLC will act only on instructions from the union regarding such requests.

6. Data Security

We implement reasonable technical and organizational safeguards to protect data from unauthorized access, loss, or misuse. However, no system is completely secure, and we cannot guarantee absolute protection.

7. Data Retention and Deletion

• Union data is retained only while the union maintains an active Kolexis instance.
• Upon termination of the service, union data is deleted from our systems.
• It is the union’s responsibility to export and back up any data prior to termination. NexoGlyph LLC is not obligated to recover data once deleted.

8. Cookies and Tracking

Kolexis uses cookies and similar technologies:

• Session Cookies: For secure login and session management.
• Analytics Cookies: To understand usage and improve the platform.
• Advertising Cookies: To deliver relevant content and promotions related to NexoGlyph LLC services.

Users may control or disable cookies via browser settings, though some features may not function properly if essential cookies are blocked.

9. Children’s Privacy

Kolexis is not directed to children under the age of 13, and accounts may only be created for individuals of legal working age. If we learn that data from a child under 13 has been collected, we will delete it.

10. U.S.-Only Service

Kolexis is intended solely for unions operating within the United States. It is not offered to international users.

11. Updates to this Policy

We may update this Privacy Policy from time to time. Changes become effective upon posting. Continued use of Kolexis constitutes acceptance of the updated Policy.

12. Contact Information

For questions about this Privacy Policy, please contact us:

NexoGlyph LLC
5900 Balcones Drive, STE 100
Austin, TX, 78731
USA

Email: john.pieroni@nexoglyph.com