TERMS OF SERVICE

1. INTRODUCTION

Welcome to Nixerly. These Terms of Service ("Terms") govern your use of the Nixerly platform (the "Platform"), including the website located at nixerly.com and all related services. The Platform is owned and operated by Nixerly Ltd.

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access the Platform.

2. DEFINITIONS

In these Terms:

• Construction Professional means an individual or entity offering professional services in the construction industry who registers on the Platform.
• Business means an entity seeking construction professionals who registers on the Platform.
• User means any person who accesses or uses the Platform, including Construction Professionals and Businesses.
• Content means all information, text, graphics, photos, designs, trademarks, and other materials uploaded, downloaded, or appearing on the Platform.
• Connection means the introduction or matching of a Construction Professional with a Business through the Platform.

3. PLATFORM DESCRIPTION

Nixerly is a specialized digital platform that connects Construction Professionals with Businesses in Ireland through verified matches. The Platform facilitates these connections but is not a party to any agreements between Construction Professionals and Businesses.

4. ACCOUNT REGISTRATION

4.1 Registration Requirements

To use certain features of the Platform, you must register for an account. When you register, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Verification Process

Construction Professionals may be required to undergo a verification process to confirm their identity, qualifications, and experience. Businesses may be required to verify their business registration details. You agree to provide all necessary documentation for this verification process.

4.3 Account Types

The Platform offers different account types for Construction Professionals and Businesses, each with specific features and functionality.

5. USER RESPONSIBILITIES

5.1 General Conduct

You agree to use the Platform in compliance with these Terms and all applicable laws and regulations. You shall not:

• Use the Platform in any way that violates any applicable law or regulation
• Engage in any conduct that restricts or inhibits anyone's use of the Platform
• Attempt to gain unauthorized access to any portion of the Platform
• Use the Platform for any purpose that is unlawful or prohibited by these Terms
• Impersonate or attempt to impersonate Nixerly, a Nixerly employee, or another User
• Engage in any fraudulent activity or misrepresentation

5.2 Content Standards

You are solely responsible for any Content you post on the Platform. You represent and warrant that:

• You own or have the necessary rights to use and authorize others to use your Content
• Your Content does not violate the privacy, publicity, copyright, or other rights of any person
• Your Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Your Content does not include any unsolicited promotions, political campaigning, advertising, or solicitations

5.3 Specific Responsibilities for Construction Professionals

Construction Professionals must:

• Provide accurate information about their qualifications, experience, and availability
• Maintain appropriate professional licenses and insurance as required by law
• Respond promptly to communications from Businesses
• Fulfill any commitments made to Businesses through the Platform
• Maintain professional standards in all interactions

5.4 Specific Responsibilities for Businesses

Businesses must:

• Provide accurate information about their business and project requirements
• Respond promptly to communications from Construction Professionals
• Honor any commitments made to Construction Professionals through the Platform
• Provide safe working conditions in compliance with applicable laws and regulations

6. FEES AND PAYMENT

6.1 Fee Structure

Nixerly may charge fees for certain services provided through the Platform. All fees are listed on the Platform and may be updated from time to time. Nixerly reserves the right to change the fees at any time.

6.2 Payment Terms

All payments must be made through the Platform using the approved payment methods. You agree to provide accurate billing information and authorize Nixerly to charge the designated payment method for all fees incurred.

6.3 Taxes

You are responsible for paying all taxes associated with your use of the Platform. If Nixerly is required to collect or pay taxes on your behalf, these amounts may be added to your fees.

7. CONNECTIONS BETWEEN USERS

7.1 Connection Process

The Platform uses algorithms and user-provided information to suggest potential connections between Construction Professionals and Businesses. Nixerly does not guarantee the quality, safety, or legality of any User or their services.

7.2 User Agreements

Any agreements between Construction Professionals and Businesses are solely between those parties. Nixerly is not a party to such agreements and assumes no responsibility for them. Users are encouraged to establish their own written agreements.

7.3 Disputes Between Users

Nixerly is not responsible for resolving any disputes between Users. Users agree to resolve any disputes directly with each other.

8. INTELLECTUAL PROPERTY

8.1 Platform Content

The Platform and its original content, features, and functionality are owned by Nixerly and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 User Content License

By posting Content on the Platform, you grant Nixerly a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your Content in connection with the operation of the Platform.

8.3 Feedback

If you provide Nixerly with any feedback or suggestions regarding the Platform, you assign all rights in such feedback to Nixerly, and Nixerly shall have the right to use such feedback in any manner it deems appropriate.

9. PRIVACY

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy.

10. THIRD-PARTY LINKS AND SERVICES

10.1 Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Nixerly. Nixerly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2 Third-Party Services

Nixerly may use third-party services to facilitate the operation of the Platform, such as payment processing, verification services, and analytics. Your use of these services is subject to the terms and conditions of those third parties.

11. LIMITATION OF LIABILITY

11.1 Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. Nixerly makes no warranties, expressed or implied, regarding the operation of the Platform or the information, content, or materials included on the Platform.

11.2 Limitation of Liability

To the fullest extent permitted by applicable law, Nixerly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or relating to your use of the Platform.

11.3 Maximum Liability

In no event shall Nixerly's total liability to you for all claims arising out of or relating to the use of the Platform exceed the amount paid by you to Nixerly in the 12 months preceding the event giving rise to the liability.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nixerly and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.

13. TERM AND TERMINATION

13.1 Term

These Terms shall remain in full force and effect while you use the Platform or maintain an account.

13.2 Termination by You

You may terminate your account at any time by following the instructions on the Platform or by contacting us at support@nixerly.com.

13.3 Termination by Nixerly

Nixerly may terminate or suspend your account and access to the Platform at any time, without prior notice or liability, for any reason, including if you breach these Terms.

13.4 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. CHANGES TO TERMS

Nixerly reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Platform.

15. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the courts of Ireland.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing a claim against Nixerly, you agree to try to resolve the dispute informally by contacting us at legal@nixerly.com. We'll try to resolve the dispute informally by contacting you via email.

16.2 Formal Proceedings

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Platform shall be settled by binding arbitration in accordance with the commercial arbitration rules of Ireland.

17. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices published by Nixerly on the Platform, constitute the entire agreement between you and Nixerly concerning the Platform.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Nixerly Ltd
Email: info@nixerly.com
Address: Dunshaughlin, Co.Meath