NX6 OS Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AVC Partner Solutions LLC, which provides the Service under the name NX6 OS ("NX6 OS," "we," "us," or "our"), governing your access to and use of the NX6 OS platform, including our website, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into contracts
• You have read, understood, and agree to these Terms
• You have read our Privacy Policy
• Your use complies with all applicable laws and regulations

1.1 Who These Terms Apply To

NX6 OS is a white-label, multi-tenant platform built for marketing agencies. It may be resold and presented to end businesses under the agency's own branding, so you may be reading this page under a name other than NX6 OS. These Terms use the following words:

• Agency — the organization that holds the paid account, connects platforms, and invites others. The Agency is our direct customer and is responsible to us for everything that happens in its tenant.
• Client — a business the Agency manages inside its tenant. A Client sees only its own data.
• Store — a single location or franchise unit belonging to a Client. A Store user sees only that location.
• Authorized User — any individual the Agency or a Client invites, at any of the three tiers.

Where a Client or Store user accesses the Service through an Agency, these Terms govern that access, but the Client's commercial relationship — price, scope of work, support, cancellation — is with the Agency, not with us. We have no obligation to any Client except as stated here.

2. Service Description

NX6 OS is a social media management and marketing-automation platform that provides:

• Social Publishing & Scheduling: Compose, schedule, and publish posts to your connected Facebook Pages, Instagram Business/Creator accounts, LinkedIn, YouTube, Google Business Profile, and other supported platforms
• Engagement Management: View comments and engagement on your connected accounts, and reply to comments on your YouTube videos from the unified inbox
• Analytics: Performance insights and reporting across connected platforms
• AI Content Generation: AI-assisted captions, images, and video via Google Gemini, Veo, and Luma AI
• Content Calendar: Planning and scheduling across channels
• Analytics and Tracking: Usage monitoring, cost tracking, and performance metrics
• Multi-Client Management: Agency, Client, and Store tiers with scoped access, plus white-label branding on eligible plans

NX6 OS accesses your connected accounts only through each platform's official API, with the permissions you grant on that platform's consent screen, and only to provide the features above. Your use of each connected platform through NX6 OS is also subject to that platform's own terms — including the Meta Platform Terms, the YouTube Terms of Service, and the Google API Services User Data Policy.

2.1 Service Availability

We strive to provide continuous service availability but do not guarantee uninterrupted access. Service may be temporarily unavailable due to:

• Scheduled maintenance (announced in advance)
• Emergency maintenance or security updates
• Third-party service provider outages
• Force majeure events

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update account information
• Sign in with a Google account or a one-time email link (NX6 OS has no passwords)
• Verify your email address
• Agree to receive transactional communications

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of unauthorized access
• Not sharing your account with others
• Keeping the Google account or email inbox you sign in with secure

3.3 Multi-Tenant Environment

NX6 OS operates in a multi-tenant architecture. Each Agency's data sits in its own tenant, and access is controlled server-side through role-based permissions combined with a Client and Store scope, so an Authorized User reaches only the Clients and Stores they were granted.

4. Agencies, Clients, Stores, and Reseller Use

4.1 Agency Responsibilities

The Agency that holds the account is responsible for:

• Authority to act. Having written authority from each Client to manage that Client's social, business, and advertising accounts, to publish on its behalf, and to reply to its customers — including reviews and comments visible to the public.
• Its Authorized Users. Every act or omission of the people it invites, at Agency, Client, or Store tier, as if they were its own.
• Access management. Granting the right scope to each user, and removing access promptly when someone leaves. We enforce the scope you set; we cannot know that a scope has become wrong.
• Lawful basis and notices. Having a lawful basis for the personal data it puts into the platform, and giving its Clients, their staff, and their website visitors any notice or consent their jurisdiction requires.
• Content published under a Client's name. Reviewing what goes out. AI-drafted content is a draft until a human approves or schedules it.

4.2 Reselling and White Label

Reselling NX6 OS to your own Clients under your own brand is a permitted and intended use on the plans that include it. When you resell:

• Your agreement with your Client is yours alone. You set your own price and terms, and you provide first-line support to your Client.
• Your terms with your Client must be at least as protective of us and of the connected platforms as these Terms, and must not promise anything about the Service that these Terms do not provide.
• You remain responsible to us for all fees and for your Clients' use of the Service.
• You may apply your own name, logo, and colors where the product supports it. You may not represent that you built the underlying platform in a way that misleads a connected platform's review process, and you may not remove or obscure required legal notices, including the platform disclosures in the Privacy Policy.
• You may not sublicense, rent, or resell the Service outside a legitimate managed-marketing relationship with the Client — for example, by reselling bare API access or platform capacity.

4.3 Data Protection Roles

For personal data an Agency or its Clients place in the platform, the Agency is the data controller and NX6 OS is the processor. Where the Agency resells to a Client who determines the purposes of the processing, the Agency acts as that Client's processor and NX6 OS acts as a sub-processor. Our processing commitments, the sub-processor list, and how to request a signed Data Processing Addendum are set out in the Privacy Policy.

4.4 Client and Store Users

If you access the Service through an Agency, your access exists only for as long as that Agency's account and your invitation do. The Agency can change your permissions or remove you at any time, and if the Agency's account ends, your access ends with it. Your own data-protection rights are described in the Privacy Policy; direct them to your Agency first, because the Agency controls that data.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service to:

• Create marketing content for legitimate business purposes
• Generate images, videos, and ad copy
• Manage and schedule marketing campaigns
• Integrate with approved third-party platforms
• Track usage and costs

5.2 Prohibited Uses

• Illegal Content: Creating content that violates laws (copyright infringement, defamation, harassment, hate speech)
• Harmful Content: Generating violent, sexually explicit, discriminatory, or misleading content
• Abuse: Exceeding rate limits, circumventing quotas, automated abuse, API misuse
• Security Violations: Hacking, unauthorized access, malware distribution, vulnerability exploitation
• Spam: Bulk unsolicited communications, email/SMS spam
• Impersonation: Falsely representing affiliation with any person or entity
• Data Scraping: Unauthorized extraction of data from the Service
• Connecting Accounts You Do Not Control: Connecting, publishing to, or replying from any social, business, or advertising account without the account owner's authorization
• Misusing Platform Data: Using data obtained from a connected platform for anything other than the features described in these Terms and the Privacy Policy — in particular, for advertising targeting, resale, or training generalized AI or machine-learning models
• Reselling Outside the Reseller Program: Sublicensing, renting, or redistributing the Service other than as permitted by Section 4.2

5.3 Content Moderation

We reserve the right to review, monitor, and remove content that violates these Terms. Third-party AI providers (Google, Luma) also apply their content policies.

6. Intellectual Property Rights

6.1 Ownership of Service

NX6 OS and its licensors own all rights, title, and interest in:

• The Service software, code, and infrastructure
• NX6 OS trademarks, logos, and branding
• Documentation, tutorials, and support materials
• Aggregated and anonymized usage data

6.2 User Content Ownership

You retain ownership of:

• Your input prompts and text
• Generated images, videos, and ad copy
• Calendar events and scheduling data

6.3 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

6.4 License to Process Your Content

By submitting content, you grant NX6 OS a worldwide, royalty-free license, for the sole purpose of operating the Service for you, to:

• Process your prompts and selected source material through the AI providers listed in the Privacy Policy
• Store, display, and publish your content to the destinations you choose
• Create backups and replicate data for redundancy
• Use aggregated and anonymized usage data for service improvement (no personal information, and no data obtained from Google APIs, is included)

This license ends when you delete the content or your account. We do not use your content, or data obtained from your connected platforms, to train generalized AI or machine-learning models.

6.5 AI-Generated Content

Important: AI-generated content is created by third-party AI services. While you may use generated content for your purposes, be aware:

• Generated content may be similar to content created for other users
• Some AI providers (e.g., Google) apply watermarks (SynthID) to generated media
• You are responsible for ensuring generated content doesn't infringe third-party rights
• We make no representations about the originality or copyrightability of AI-generated content

7. Fees, Payments, and Quotas

7.1 Pricing Plans

Each plan includes a monthly AI budget, denominated in tokens. Tokens are the unit AI operations are priced in and drawn down against (Section 7.2 names the AI writing that is included with your plan instead); the budget is not a cash balance, has no dollar value, and is not refundable or transferable between months. Prices are in US dollars.

Plans available to new subscribers

Plan	Monthly	Annual (billed yearly)	Included monthly AI budget
Free	$0	—	10,000 tokens
Premium	$49	$490	20,000 tokens
Pro	$149	$1,490	60,000 tokens
Studio	$349	$3,490	100,000 tokens
Agency	$699	$6,990	200,000 tokens

The Free, Premium, Pro and Studio plans each include 1 client; managing more than one client requires the Agency plan. The Agency plan includes 5 clients, not counting the agency's own business; additional clients are $139 per month each, up to 99 additional clients. Optional add-on modules and one-time token top-ups are priced in the app at the time of purchase. An Enterprise tier is also available by agreement, priced privately by company size; it is not sold through the app, and its terms are set when it is agreed.

The Free plan covers one business: one client with one location, one connected account on each platform, and one brand voice. It includes publishing and scheduling, up to 3 automation rules that each post up to 3 times a week, and analytics, including Google Analytics and Search Console reports. It does not include planning with AI, AI-suggested review replies, add-on modules or top-ups, and its AI budget is provided for one workspace per person. Every new workspace starts on the Free plan and moves to a paid plan only when its owner chooses one.

Legacy plans — existing subscribers only (retired from new sale on August 21, 2026)

The plans below are no longer offered. If you subscribed to one before that date, it continues at the price and budget shown until you change plans or cancel; it cannot be newly selected or reinstated after a cancellation.

Plan	Monthly	Annual (billed yearly)	Included monthly AI budget
Starter	$79	$790	40,000 tokens
Pro (legacy)	$249	$2,490	125,000 tokens
Enterprise (legacy)	$999	$9,990	500,000 tokens

Plan names, prices, and included budgets can change; the prices shown in the app at the moment you subscribe are the ones that apply, and we will give notice before changing the price of an existing subscription.

7.2 Usage-Based Costs

AI operations — image generation, video generation, and text generation — consume your AI budget at our published per-operation token rates. Those rates vary by model and change as provider pricing changes, so the authoritative price for any operation is the estimate the product shows you before you run it, and the line item recorded in your usage ledger afterwards.

Two kinds of AI writing are included with your plan and do not draw on the AI budget: the replies the review-reply automation drafts to your Google reviews, including the check it runs before a reply is published on its own, and the thank-you posts the automation drafts from your top-rated reviews. They continue when the budget is used up. Asking for a suggested reply yourself, previewing sample replies, and regenerating a draft are priced like any other text generation, and an optional Review Spotlight card like any other image.

7.3 Payment Terms

• Billing Cycle: Subscription charged in advance, monthly or annually as you choose
• Plan Changes: An upgrade takes effect immediately and is charged pro rata for the rest of the billing period. A move to a lower-priced plan, or from annual to monthly billing, takes effect at the end of the billing period you have already paid for: you keep your current plan until then, and no credit or refund is issued for the change. You can withdraw a scheduled change at any time before it takes effect.
• Top-Ups: One-time purchases, charged at the time of purchase
• Payment Methods: Card payments processed by Stripe
• Currency: USD
• Taxes: Prices exclude sales tax, VAT, and GST, which are added where applicable

7.4 Quota Management

• Your AI budget is granted for each monthly period and resets at the start of the next one, on annual plans too: an annual plan is paid once and receives twelve monthly grants. Unused budget does not carry over.
• Exhausting the budget is a hard stop, not an overage. AI operations that draw on the budget stop working until you buy a top-up or upgrade; the included review replies and thank-you posts (Section 7.2) continue. We never bill you for silent metered overage.
• A top-up adds budget to the current monthly period only; it expires with that period, like the plan budget.
• On every plan, publishing, scheduling, analytics, and inbox features keep working when the AI budget is exhausted — only AI generation that draws on the budget stops.
• Usage and remaining budget are visible in real time in the Usage dashboard.

7.5 Refunds

• Subscription Fees: Non-refundable, but you may cancel anytime (no future charges)
• Top-Ups and AI Usage: Non-refundable once the operations are processed
• Exceptions: Service failure or billing errors (contact support)

8. Third-Party Services

8.1 AI Providers

We use third-party AI services:

• Google (Gemini, Veo): Google Terms
• Luma AI: Luma Terms

By using NX6 OS you also agree to these third-party terms.

8.2 Integration Services

Connecting an account is optional and requires your explicit consent via OAuth:

• Meta: Facebook Pages and Instagram Business/Creator accounts (publish, read engagement, read comments)
• Google: YouTube, Google Business Profile, Google Analytics, Search Console, Merchant Center, Calendar, and optionally Google Drive
• LinkedIn, Pinterest, and other supported platforms

By connecting an account you also agree to that platform's terms, and your use of the integration is governed by them:

• Meta Platform Terms
• YouTube Terms of Service — required for any connected YouTube channel
• Google Privacy Policy and the Google API Services User Data Policy

Our use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. See Section 4 of the Privacy Policy for the full disclosure and the exact scopes we request.

YouTube API Services

NX6 OS uses YouTube API Services to publish videos to channels you connect, read your channel's videos, comments and analytics, and reply to comments on your behalf. By using NX6 OS's YouTube features, you agree to be bound by the YouTube Terms of Service. Google's handling of your information is described in the Google Privacy Policy, and how NX6 OS uses YouTube data is described in Section 4.4 of our Privacy Policy. You can remove NX6 OS's access at any time from the Google security settings page at https://security.google.com/settings/security/permissions.

You are responsible for having the rights to manage any account you connect, and for complying with each platform's terms. You can revoke any integration at any time in Account → Connections (left sidebar), and Google access at myaccount.google.com/permissions.

8.3 Service Limitations

We are not responsible for:

• Third-party service outages or downtime
• Changes to third-party APIs, pricing, review policies, or approval status — a platform can restrict, deprecate, or revoke access to its API at any time, which may disable a feature without notice
• Content policy violations by AI providers
• Data breaches at third-party providers

8.4 Preview and Sample Data

Some integrations are pending approval from the platform that owns the data. Where that is the case, the feature runs in a clearly labelled preview mode that displays sample data rather than your real account data, and any change you make in preview is not sent to the platform. Preview surfaces carry a visible badge. Do not rely on preview figures for reporting, billing, or business decisions.

9. Availability and Support

9.1 No Uptime Guarantee

We run the Service on Google Cloud and work to keep it available, but we do not offer an uptime guarantee, a service-level agreement, or service credits on any plan. If we agree an SLA with you in a separate signed contract, that contract governs; otherwise the Service is provided on the "as is" basis set out in Section 12.

9.2 Support

Support is provided by email at optimize@avcpp.com. We aim to acknowledge requests within one business day and to prioritize issues that block publishing or billing, but we do not commit to a fixed response or resolution time. If you reached the Service through an Agency, contact that Agency first — they provide your first-line support.

9.3 Maintenance

We deploy changes continuously and may take the Service down briefly for maintenance or an urgent security fix. We will give advance notice of planned downtime where practical, and we will not give advance notice of an emergency security fix.

10. Data Privacy and Security

Our data practices are detailed in our Privacy Policy. In summary:

• Encryption: Data encrypted in transit with TLS, and at rest by Google Cloud. Connected-platform OAuth tokens are additionally encrypted with AES-256-GCM.
• Access Control: Server-side role-based access with per-Client and per-Store scoping, and tenant isolation.
• Backups: A daily database export is taken for disaster recovery. We do not offer point-in-time restore or any recovery-time or recovery-point guarantee.
• Data Protection Law: We support GDPR, UK GDPR, and CCPA/CPRA rights as described in the Privacy Policy, and will sign a Data Processing Addendum on request.
• Certifications: We hold none. We are not SOC 2, ISO 27001, PCI DSS, or HIPAA certified, and the Service must not be used for protected health information or other special-category data.
• Data Location: The Service runs on Google Cloud Platform in the United States (region us-central1). AI text and image features send their requests to Google's Gemini API. Google LLC, a US company, provides it, but the API gives us no setting to fix the region where a request is processed, so we do not guarantee that those requests are processed in the United States. The Privacy Policy (Sections 7 and 14) lists where each provider processes data. We do not offer EU or other regional data residency, and we do not offer a self-hosted or on-premises deployment.

11. Termination

11.1 Termination by User

You may terminate your account at any time by:

• Cancelling your subscription in Billing and then deleting your account in Settings → Privacy & Data
• As an Agency owner, closing the whole workspace in Settings → Privacy & Data, which cancels the subscription immediately and permanently deletes the workspace and everything in it
• Emailing optimize@avcpp.com

Effect of Termination:

• Subscription cancelled (no future charges) — a cancelled subscription runs to the end of the period you paid for; closing the workspace ends it immediately
• Access to the Service ends at the end of the paid period, or immediately if you delete the account
• A deletion request has a 30-day cancellation window; after that, data is deleted irreversibly, subject to the backup and legal-retention rules in the Privacy Policy
• Connected-platform tokens are deleted, and we stop publishing on your behalf
• No refunds for the current billing period

If an Agency terminates, its Clients and Store users lose access at the same time. Agencies should export anything their Clients need first.

11.2 Termination by NX6 OS

We may suspend or terminate your account if:

• You violate these Terms
• Payment fails or account is past due
• Your use poses security or legal risks
• You engage in abusive behavior

Notice: We will provide 30 days' notice except for serious violations (immediate termination).

11.3 Data Export

Before termination, you may export:

• Generated images and videos
• Ad copy and text content
• Usage reports and cost data

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

We do not guarantee:

• Uninterrupted or error-free service
• Accuracy, quality, or suitability of AI-generated content
• Freedom from viruses or harmful components
• Compatibility with your specific requirements
• That a scheduled post will publish — a connected platform can reject, delay, or remove a post for reasons outside our control
• Continued availability of any integration, which depends on the platform's approval and API

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NX6 OS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, goodwill, or business opportunities
• Damages resulting from third-party AI provider failures
• User reliance on AI-generated content

Total Liability Cap: Our total liability shall not exceed the amount you paid in the 12 months preceding the claim (minimum $100).

12.3 Indemnification

You agree to indemnify and hold harmless NX6 OS from claims arising from:

• Your violation of these Terms
• Your use of generated content
• Infringement of third-party rights
• Violation of laws or regulations
• Claims by your Clients, their staff, or their customers relating to your use of the Service on their behalf, including content published to their accounts and replies sent to their customers

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in DuPage County, Illinois.

13.2 Informal Resolution

Before filing any legal claim, you agree to contact us at legal@avcpp.com to attempt informal resolution for at least 30 days.

13.3 Arbitration (US Users)

Any disputes not resolved informally shall be resolved through binding arbitration under the American Arbitration Association (AAA) rules, except for:

• Small claims court disputes (under $10,000)
• Intellectual property claims
• Injunctive relief requests

Class Action Waiver: You agree to pursue claims individually, not as part of a class action.

14. Changes to Terms

We may update these Terms. When we make a material change, one that changes what you or we may do or must do under them:

• We update the "Last Updated" date at the top of this page. That date is when the current version took effect.
• We show a notice in the Service to the owner of each workspace. The owner reads the updated Terms and accepts them for the workspace. Other Authorized Users are not asked separately.
• The notice stays until the owner accepts. "Not now" hides it for that browser tab, and the Service keeps working while the notice waits.

A correction that changes no one's rights or duties, such as a typo or a broken link, is made without moving the date or showing the notice.

Continued use of the Service after the effective date is acceptance of the updated Terms, by the workspace and by every Authorized User, whether or not the owner has accepted in the notice yet. If you do not agree, stop using the Service and close your account or workspace as described in Section 11.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NX6 OS regarding the Service.

15.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, wars, terrorism, government actions, internet failures).

15.6 Survival

Sections that by their nature should survive termination will remain in effect (Intellectual Property, Disclaimers, Limitation of Liability, Dispute Resolution).

16. Contact Information