NxShift Merchant Agreement

1. Parties & scope

This Merchant Agreement ("Agreement") is between NxThing ("NxThing", "we"), Orange County, California, and the business that registers to use NxShift ("Merchant", "you"). It governs your use of NxShift as a merchant, including any NxSkillz or Franchise features you enable. It incorporates the Terms of Service, Privacy Statement, and Copyright & Trademark Policy by reference.

2. Merchant account & eligibility

You represent that you are a lawfully operating business in the United States, that the person accepting this Agreement is authorized to bind the Merchant, and that all registration information (legal name, address, EIN/tax details, bank/payout details) is accurate and kept current.

3. Fees

• Subscription: the plan you select (e.g., Mini/Plus/Pro) billed monthly in U.S. dollars.
• Placement / commission fees: where applicable (e.g., NxSkillz placements), as disclosed at sign-up.
• Payment-processing fees: charged by the payment processor and passed through or as disclosed.
• Fees are exclusive of taxes. You are responsible for your own sales/use taxes. Fees are non-refundable except as required by law.

4. Payments & payouts

NxShift facilitates payment acceptance through third-party processors. NxThing is not a bank or money transmitter and does not hold funds except as a technical intermediary. Payouts, chargebacks, refunds, and reserves are governed by the processor's terms. You are responsible for refunds and chargebacks on your transactions.

5. Merchant obligations

• Accurately describe your goods/services, prices, and availability.
• Fulfill orders and bookings you accept, and handle customer service and refunds.
• Comply with all applicable laws (consumer-protection, tax, food-safety, licensing, TCPA/CAN-SPAM for messages you send).
• Do not sell prohibited, counterfeit, or infringing goods, and do not misuse customer data.

6. Customer data & privacy

Customer personal information you access through NxShift may be used only to fulfill transactions and provide service, in accordance with the Privacy Statement and applicable law (including the CCPA/CPRA). You must not sell customer data or use it for unrelated purposes.

7. Intellectual property

You retain rights to your own content and marks; NxThing retains all rights in the Services and the NxThing/NxShift marks. See the Copyright & Trademark Policy.

8. Term, suspension & termination

This Agreement continues while your account is active. Either party may terminate on notice. We may suspend or terminate immediately for non-payment, legal risk, or breach. On termination you may export your data for a reasonable period, after which it may be deleted.

9. Warranties & liability

The Services are provided "as is". To the maximum extent permitted by law, NxThing disclaims implied warranties, and its total liability is limited as set out in the Terms of Service. You indemnify NxThing against claims arising from your goods, services, content, or breach of this Agreement.

10. Governing law

This Agreement is governed by the laws of the State of California; venue lies in the state and federal courts of Orange County, California, absent a written agreement to arbitrate.

11. Acceptance

By registering as a merchant or clicking to accept, you agree to this Agreement on behalf of the Merchant. Contact:
NxThing · Orange County, California, USA
Email: legal@nxthing.online · Phone: 657-551-8288