Terms of Service

1. Acceptance of Terms

These Terms of Service govern your access to and use of Balloon Quote Pro, a software application and related services owned and operated by Netxus Labs LLC, a limited liability company organized under the laws of the United States. By accessing, browsing, registering for, purchasing, or using Balloon Quote Pro or any related website, application, feature, content, or service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any policies incorporated herein by reference. If you do not agree to these Terms of Service, you must not access or use the Service.

2. Description of the Service

Balloon Quote Pro is a software as a service platform designed to assist users in generating pricing estimates, quote related information, and other business support outputs related to balloon decor and related event services. The Service is intended solely as a tool to support user decision making. All outputs, calculations, figures, recommendations, estimates, projections, and results generated by the Service are informational only, non binding, and subject to user review, verification, modification, and independent judgment.

Netxus Labs LLC does not guarantee that any output generated by the Service reflects actual market conditions, profitability, enforceable pricing, tax obligations, labor requirements, inventory needs, legal compliance, or business suitability for any particular user, customer, project, jurisdiction, or transaction.

3. Eligibility and Authority

You represent and warrant that you are legally capable of entering into a binding agreement and that, if you are using the Service on behalf of a business or other entity, you have the full authority to bind that business or entity to these Terms of Service. In such case, the term "you" includes both you as an individual and the entity on whose behalf you are acting.

4. User Responsibility and No Reliance

You expressly acknowledge and agree that the Service does not provide legal, accounting, financial, tax, insurance, regulatory, employment, or other professional advice. You further acknowledge and agree that all outputs generated by the Service depend in whole or in part on information entered, selected, uploaded, or otherwise provided by you, as well as assumptions, formulas, settings, and platform logic that may not reflect your actual business conditions.

You agree that you will not rely on the Service or any output generated by the Service as a substitute for your own independent business judgment or for consultation with qualified professionals. You are solely and exclusively responsible for reviewing, validating, confirming, and approving any and all estimates, pricing, quotes, markups, labor assumptions, taxes, delivery charges, material costs, overhead allocations, profitability decisions, and customer facing documents before using, publishing, transmitting, or relying upon them in any way.

All business decisions made using or in connection with the Service are made solely at your own risk.

5. Accounts and Account Security

In order to access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify Netxus Labs LLC immediately of any unauthorized access to or use of your account. Netxus Labs LLC shall not be liable for any loss, damage, liability, or harm arising from your failure to safeguard your account credentials or from unauthorized access to your account.

6. Fees, Subscription Terms, and Automatic Renewal

Certain portions of the Service may be offered on a paid subscription basis. By purchasing a subscription, you agree to pay all fees and charges associated with your selected plan. All fees are stated and payable in the currency presented at checkout unless otherwise specified.

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. By purchasing a subscription, you authorize Netxus Labs LLC and its payment processors to charge your selected payment method on a recurring basis for all applicable subscription fees, taxes, and related charges without further authorization from you, unless required by law.

You are solely responsible for managing your subscription, reviewing renewal dates, and canceling prior to renewal if you do not wish to continue service.

7. Refund Policy Reference

Your purchase and use of any paid Service are also subject to the Refund Policy published by Netxus Labs LLC. By completing a purchase, you acknowledge that you have reviewed and accepted the Refund Policy.

8. License and Permitted Use

Subject to your compliance with these Terms of Service, Netxus Labs LLC grants you a limited, non exclusive, non transferable, non sublicensable, revocable license to access and use the Service solely for your internal business purposes in accordance with your subscription plan.

You acquire no ownership rights in or to the Service, the software, the source code, the formulas, the workflows, the data structures, the user interface, the visual elements, or any related intellectual property.

9. Prohibited Conduct

You shall not, and shall not permit any third party to:

• copy, reproduce, modify, distribute, display, publish, transmit, sell, lease, sublicense, or commercially exploit the Service except as expressly authorized in writing by Netxus Labs LLC;
• reverse engineer, decompile, disassemble, attempt to derive source code from, or otherwise attempt to discover the underlying structure, logic, formulas, algorithms, methods, or trade secrets of the Service;
• scrape, crawl, index, extract, harvest, or otherwise collect data, outputs, content, or system information from the Service by any automated or manual means;
• circumvent, disable, interfere with, or compromise any technical, administrative, or security measure used by the Service;
• access or use the Service for unlawful, fraudulent, deceptive, abusive, competitive, benchmarking, or unauthorized purposes;
• use bots, scripts, automated systems, or similar mechanisms to access the Service in a manner that imposes an unreasonable load or otherwise interferes with normal platform operation.

10. Intellectual Property Rights

The Service and all components thereof, including without limitation all software, code, architecture, calculations, formulas, designs, workflows, text, graphics, logos, trademarks, service marks, trade names, compilations, layouts, and content, are and shall remain the exclusive property of Netxus Labs LLC and its licensors, and are protected by applicable intellectual property, trade secret, and other laws.

Balloon Quote Pro, Netxus Labs, and all related branding elements are proprietary to Netxus Labs LLC. No right, title, or interest is granted to you except as expressly set forth in these Terms of Service.

11. Third Party Services and Integrations

The Service may rely on or integrate with third party services, providers, processors, hosting vendors, communications platforms, analytics tools, or payment systems. Netxus Labs LLC does not control and is not responsible for the availability, actions, content, policies, data handling, errors, outages, or performance of any third party service. Your use of any third party service may be subject to that provider's own terms and policies.

12. Service Availability and Modifications

Netxus Labs LLC may modify, update, suspend, restrict, or discontinue all or any portion of the Service at any time, with or without notice, and without liability. Netxus Labs LLC does not guarantee that the Service will be available at all times or that access will be uninterrupted, timely, secure, or error free.

Without limiting the foregoing, maintenance, updates, bugs, system changes, connectivity failures, security incidents, hosting issues, software conflicts, payment processor issues, and third party outages may affect the availability or performance of the Service.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

NETXUS LABS LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, SECURITY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT.

WITHOUT LIMITING THE FOREGOING, NETXUS LABS LLC DOES NOT WARRANT THAT ANY ESTIMATE, CALCULATION, QUOTE, OR OTHER OUTPUT GENERATED BY THE SERVICE IS CORRECT, COMPLETE, PROFITABLE, ENFORCEABLE, COMPLIANT, OR SUITABLE FOR ANY PARTICULAR TRANSACTION OR BUSINESS DECISION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETXUS LABS LLC, ITS MEMBERS, MANAGERS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS OF SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NETXUS LABS LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NETXUS LABS LLC FOR THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS.

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NETXUS LABS LLC.

15. Indemnification

You agree to indemnify, defend, and hold harmless Netxus Labs LLC, its members, managers, affiliates, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees and legal costs, arising out of or relating to:

• your access to or use of the Service;
• your misuse of the Service;
• your violation of these Terms of Service;
• your violation of any law, regulation, right of any third party, or contractual obligation;
• any quote, estimate, invoice, pricing decision, business action, or customer communication created, issued, sent, or relied upon by you using or in connection with the Service.

16. Force Majeure

Netxus Labs LLC shall not be liable for any delay, failure, interruption, degradation, or nonperformance resulting directly or indirectly from causes beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, labor disputes, governmental actions, telecommunications failures, internet outages, hosting interruptions, cybersecurity incidents, power failures, third party service disruptions, supply chain disruptions, or other extraordinary events.

17. Termination and Suspension

Netxus Labs LLC may, in its sole discretion and without liability, suspend, restrict, or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for suspension or termination may include suspected fraud, abuse, nonpayment, violation of these Terms of Service, misuse of the platform, security concerns, legal compliance requirements, or conduct that may expose Netxus Labs LLC or others to harm or liability.

Upon termination, your right to access and use the Service shall immediately cease, except to the extent otherwise required by law or expressly stated by Netxus Labs LLC.

18. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, controversy, or cause of action arising out of or relating to these Terms of Service, the Refund Policy, the Privacy Policy, the Disclaimer, the Service, any subscription, any charge, or any relationship between you and Netxus Labs LLC shall be resolved exclusively by final and binding arbitration on an individual basis, except to the extent prohibited by law.

The arbitration shall take place in Texas, United States, unless otherwise required by applicable law or agreed in writing by the parties. The arbitration shall be conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You and Netxus Labs LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, representative, mass, or collective action or proceeding. You expressly waive any right to participate in or recover relief under any class, collective, coordinated, consolidated, or representative proceeding.

To the extent any claim is determined not to be subject to arbitration, you agree that such claim shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction and venue of such courts.

19. Governing Law

These Terms of Service and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.

20. Changes to These Terms

Netxus Labs LLC may revise these Terms of Service at any time in its sole discretion. Updated versions will be posted on netxuslabs.com, balloonquotepro.com, or within the Service, and the revised date will be updated accordingly. Your continued access to or use of the Service after any revision becomes effective constitutes your acceptance of the revised Terms of Service.

21. Contact Information

If you have questions regarding these Terms of Service, you may contact Netxus Labs LLC at: support@netxuslabs.com