These Terms of Service ("Terms") govern your access to and use of Neximark, operated by Polsia, Inc. ("Neximark," "we," "us," or "our"), including the website at neximark.polsia.app and the Neximark Shopify App.
By creating an account or using any part of the service, you agree to these Terms. If you are using Neximark on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, do not use Neximark.
Neximark is an AI-powered marketing platform for small businesses and agencies. The platform includes:
Features available to you depend on your plan tier. We reserve the right to add, modify, or remove features at any time. Material changes to the core service will be communicated with at least 30 days' notice.
You must provide accurate, current information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
One person or legal entity may not maintain more than one free account. Business accounts may have multiple team members under a single organization.
You must be at least 16 years old to use Neximark. By using the service, you confirm that you meet this requirement.
Neximark may only be used for lawful marketing and business purposes. The following are prohibited:
Email compliance: You are solely responsible for ensuring your use of Neximark's email features complies with applicable laws including CAN-SPAM, CASL, and GDPR. This includes maintaining proper opt-in records, honoring unsubscribes within 10 business days, and including required sender information.
We reserve the right to suspend or terminate accounts that violate these standards without prior notice. We may also report unlawful activity to appropriate authorities.
Neximark offers monthly and annual subscription plans. Current pricing is listed on the Pricing page. Annual plans are billed upfront and include a discount over monthly billing.
Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. All amounts are in USD.
We offer a free trial period. No credit card is required to start a trial. At the end of the trial, you can subscribe to continue accessing paid features. Trial usage limits may apply.
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you are not charged again, and you retain access through the period you paid for. We do not offer partial-period refunds unless required by law.
If a payment fails, we will retry for up to 7 days. After that, your account will be downgraded to the free tier. You can reactivate by updating your payment method.
We may change subscription prices. Existing subscribers will receive at least 30 days' advance notice by email before any price increase takes effect. Annual plan pricing is locked for the duration of the annual term.
If you subscribe to Neximark through the Shopify App Store, billing is handled through Shopify's Billing API. The following apply in addition to the general billing terms above:
You own your data. Content you create in Neximark — campaigns, contacts, landing pages, websites, workflows, templates — remains yours. We do not claim ownership of your content or your customers' data.
By using the service, you grant us a limited, non-exclusive license to process your data solely for the purpose of providing the service to you. This includes:
We do not use your content to train AI models or for any purpose beyond operating the service.
As a Shopify App, we act as a data processor for data you access from your Shopify store. You (the merchant) remain the data controller for your customers' information. Our data handling practices are described in our Privacy Policy.
Neximark uses AI to help you create marketing content. Regarding AI-generated output:
Neximark, its logo, design, software, and documentation are owned by Polsia, Inc. and protected by intellectual property laws. These Terms do not transfer any ownership rights to you.
Templates you sell on the Neximark Marketplace remain your intellectual property. By listing a template, you grant buyers a non-exclusive license to use it for their own marketing. You may not list templates that infringe third-party copyrights or contain malicious code.
If you submit feedback or suggestions, you grant us the right to use that feedback without compensation or attribution. We appreciate it regardless.
We target 99.5% monthly uptime for the core Neximark application. This excludes:
We do not currently offer formal SLA credits. If Neximark is unavailable for an extended period due to our fault, we will work with affected users on a case-by-case basis.
We may perform maintenance that temporarily affects availability. We aim to schedule this during low-traffic periods and will provide advance notice for planned downtime exceeding 30 minutes.
Important: Please read this section carefully as it limits our liability to you.
Neximark is provided "as is" and "as available" without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Neximark and its affiliates, officers, employees, and agents shall not be liable for:
Our total liability for any claim arising from your use of Neximark shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.
Some jurisdictions do not allow limitation of liability for certain types of damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless Neximark from claims, damages, and expenses (including legal fees) arising from your use of the service, your violation of these Terms, or your violation of any third-party rights.
You may delete your account at any time from Settings. This cancels your subscription and schedules your data for deletion within 30 days.
We may suspend or terminate your account for:
For serious violations, we may terminate without notice. For most issues, we will attempt to contact you first and allow a cure period.
Before terminating or canceling, you can export your data:
If you need a full data export and cannot access these tools, email privacy@neximark.polsia.app before closing your account.
Upon termination, your right to use Neximark ceases immediately. Data associated with your account will be deleted within 30 days, except where retention is required for legal or billing purposes.
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
For any dispute arising from these Terms or your use of Neximark, you agree to first contact us at legal@neximark.polsia.app to attempt resolution informally before pursuing formal legal action. Most issues can be resolved this way.
If informal resolution fails, disputes shall be resolved through binding arbitration in Delaware, except that either party may bring a small claims action in a court of competent jurisdiction. Class action lawsuits and class-wide arbitration are not permitted.
If you are an EU or UK resident, you may also be entitled to bring claims in your local courts under mandatory consumer protection laws. Nothing in these Terms affects those rights.
We may update these Terms as the service evolves. When we make material changes:
Your continued use of Neximark after the effective date of updated Terms constitutes acceptance. If you disagree with changes, you may cancel before they take effect.
For questions about these Terms:
We aim to respond to legal inquiries within 5 business days.