Last Updated: August 24, 2025

1) Who we are

These Terms & Conditions (“Terms”) govern your access to and use of Media Minds Nexus LLC (“Company”, “we”, “us”, “our”).
Registered name: Media Minds Nexus LLC
Contact: support@mediamindsnexus.com · Phone: +1-786-882-3705 · 66 W Flagler Street, Suite 900, Miami, FL 33130
Services: Digital operations, websites, funnels/automation, CRM setup, messaging, and related consulting (the “Services”).

By accessing our site or using any Services, you agree to these Terms and our Privacy Policy.

2) Eligibility & Accounts

You must be at least 18 and authorized to bind your organization. You’re responsible for all activity under your account and keeping credentials secure.

3) Scope of Services & Changes

We deliver Services as described in your order form, proposal, or SOW. We may improve or modify non-material aspects at any time. Material changes require mutual written consent.

4) Client Responsibilities

• Provide timely access to platforms, assets, and decision-makers.
• Ensure content you supply is lawful, licensed, and accurate.
• Maintain compliance with your industry’s legal/ethical rules.
• For messaging programs, you are the “message sender” for your customers and must honor opt-in/opt-out rules (see §11).

5) Fees, Billing & Stripe

We use Stripe to process payments. You authorize us (and Stripe) to charge the payment method you provide for one-time and recurring fees, taxes, and authorized adjustments. Recurring plans bill in advance each billing cycle. We do not charge late fees; however, Services can be suspended for non-payment. You are responsible for any bank/processor fees.

You must keep a valid payment method on file. If a charge fails, we may retry, contact you, and/or suspend Services until resolved.

6) Refunds, Returns & Cancellations

• Digital/Service Work: Setup/onboarding fees become non-refundable once work begins or access is provisioned.
• Subscriptions/Retainers: Prepaid for each cycle; no refunds for partial periods after the cycle starts.
• Cancellation: You may cancel with 30 days’ written notice prior to the next billing date. Cancellation takes effect at the end of the current paid term unless otherwise agreed.
• Chargebacks: Before disputing a charge, please email billing@mediamindsnexus.com so we can resolve quickly. Unauthorized or bad-faith chargebacks may be treated as a material breach and you agree to reimburse third-party dispute fees we incur.
• Pass-Through Costs: Third-party expenses (e.g., phone numbers, carrier fees/registrations, message/minute usage, domains, licenses) are non-refundable once purchased or consumed.

7) Promotions

Any discounts, trials, or bonuses are subject to the specific promo terms shown with the offer and are non-transferable. We may limit, suspend, or end a promo if abused.

1) Scope. These terms govern any discounts, trials, credits, coupons, bundles, or limited-time offers we advertise (“Promotions”).

2) Eligibility. Promotions are for new or specifically targeted customers as stated. We may require proof of eligibility and may decline/void benefits if criteria aren’t met.

3) Limits.

• One Promotion per account unless explicitly allowed.
• Non-transferable, no cash value, and cannot be combined with other offers unless stated.
• Start and end dates/times are firm (timezone: Eastern Time unless noted).
• We may cap usage (e.g., number of redemptions, seat/domain limits).

4) Trials. Trials convert to paid plans at the posted rate on the date shown at sign-up unless you cancel before trial end.

5) Credits/Coupons. Applied to future invoices until used or expired. Lost/stolen codes are not replaced. Expiration and specific rules appear with the offer.

6) Misuse. We may reject, reverse, or charge full price if a Promotion is abused or used outside its terms (e.g., bulk account creation, resale).

• Pass-Through Costs: Third-party expenses (e.g., phone numbers, carrier fees/registrations, message/minute usage, domains, licenses) are non-refundable once purchased or consumed.

7) Conflicts. If Promotion terms conflict with other materials, the specific offer page/email controls for that Promotion.

8) Acceptable Use

You will not use the Services to: violate law; infringe IP; send spam or unlawful messaging; promote illegal products; or engage in deceptive, harmful, or abusive conduct. We may suspend or terminate for violations.

9) Intellectual Property

We retain all rights in our pre-existing IP, methods, templates, and software. Upon full payment, you receive a non-exclusive license to deliverables created for you, unless otherwise stated in the SOW. Third-party licenses (themes, fonts, stock, APIs) remain subject to their licensors’ terms.

10) Confidentiality

Each party must protect the other’s Confidential Information and use it only to perform under these Terms. This survives termination.

11) Messaging (A2P 10DLC/TCPA/CTIA) Program Terms

Program name: Media Minds Nexus Alerts.
Description: Account/service updates, reminders, and occasional marketing messages.
Opt-In: You must obtain express consent from end users before sending texts (e.g., a checked box + disclosure near the phone field or a confirmed keyword opt-in).
User Disclosure (place near phone field): “By submitting your phone number, you consent to receive recurring SMS from Media Minds Nexus LLC. Msg & data rates may apply. Msg frequency varies. Reply STOP to cancel, HELP for help. See Terms & Privacy.”
Opt-Out: Honor STOP, UNSUBSCRIBE, CANCEL, END, QUIT immediately.
HELP: Reply must include assistance instructions and a support contact (email or phone).
Age-gating: If content requires it, verify age before opt-in.
Recordkeeping: Maintain timestamped consent logs and message content for audits.
Prohibited content: Illegal, harmful, fraudulent, or carrier-prohibited content.
Carrier liability: “Carriers are not liable for delayed or undelivered messages.”
We may suspend messaging for compliance risk. You are responsible for your recipients and content compliance with TCPA, CTIA guidelines, carrier codes, and applicable law, including the FCC’s one-to-one consent requirement.

12) Email Compliance

Marketing emails must follow CAN-SPAM: truthful sender/subject lines, identification as an ad when applicable, a physical mailing address, and a working unsubscribe link honored within 10 business days.

13) Legal/Export Restrictions

You must use our Services only in compliance with law, including U.S. export control and sanctions rules (e.g., EAR and OFAC). You may not use or access Services from, for, or on behalf of embargoed or comprehensively sanctioned regions/countries; persons or entities on U.S./international restricted-party lists; or prohibited end-uses (e.g., weapons proliferation, unlawful surveillance). You will not re-export or provide access to our software/configurations contrary to applicable export laws. We may suspend or terminate Services if we believe providing them would violate sanctions or export law.

14) Security Statement

• Transport & storage. All site/app traffic is encrypted in transit via HTTPS/TLS. Data stored in our primary platforms is protected by provider-level encryption at rest where supported.
• Access control. We apply least-privilege access, role-based permissions, multi-factor authentication on administrative accounts where available, and timely off-boarding.
• Application & infrastructure. We host with reputable providers offering network isolation and physical security; we regularly patch operating systems and dependencies and store secrets securely.
• Vendor security. Online payments are processed by Stripe. Stripe is a PCI DSS Level 1 validated service provider. We do not store full payment card numbers on our systems.
• Monitoring & incident response. We monitor key admin actions and system events. If we discover a security incident affecting personal data, we will investigate, mitigate, and notify affected users without undue delay as required by law.
• Your responsibilities. You are responsible for safeguarding your account credentials, enabling MFA where offered, keeping your devices secure, and notifying us promptly of suspected unauthorized access at security@mediamindsnexus.com.
• Changes. We may update this Security Statement as our practices evolve; the current version applies to your use of the Services.

15) Hosted SaaS (White-Label) Terms

These additional terms apply when you access our hosted communications/automation platform (the “Platform”).

• • Account & Access. You are responsible for activity under your logins and for your Users’ compliance with these Terms and our Acceptable Use.
  • Fair Use. We may apply reasonable rate limits, daily/monthly message caps, storage caps, or concurrency limits to protect service stability and carrier compliance.
  • Telecom & Pass-Through Fees. Usage-based telecom charges (minutes, messages, carrier registrations, phone numbers) are in addition to subscription fees and are billed as incurred or post-paid, as applicable.
  • Third-Party Providers. The Platform is operated with vetted cloud/telecom/AI providers. We may change providers at any time. We remain responsible to you for delivering the contracted Services.

  Service Availability & Maintenance

   We provide the Platform on a commercially reasonable basis and may perform maintenance (including emergency maintenance) without prior notice. We do not          guarantee uninterrupted service or any specific uptime. We may throttle or temporarily suspend access to protect the Platform, comply with law or carrier rules, or      address security or abuse.

  No Emergency Calling

The Platform is not a replacement for traditional telephone services and does not support calls to emergency services (e.g., 911/112). You must not attempt to place emergency calls via the Platform.

  Recording & Transcription Consent

   If you enable call recording or transcription, you represent and warrant that you have obtained and will maintain all legally required consents from participants for each call or message interaction and will disable recording where prohibited.

  Data Retention & Backups

   We retain communications metadata and any recordings/transcripts for periods reasonably necessary to operate the Platform and comply with legal requirements. We do not guarantee long-term archival. You should export and back up your data regularly. Upon termination, we may delete Platform data after a reasonable period unless law requires otherwise.

  Subprocessors & Third-Party Services

   We use third-party providers (e.g., hosting, telephony, analytics, support, and AI services) to operate the Platform. We remain responsible for their performance to you. An up-to-date list of key subprocessors is available on request; we may update providers at any time.

  General

• • Order of Precedence. If these Terms conflict with an order form/SOW, the order form/SOW controls for that engagement.
  • Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets. We may assign to an affiliate or successor.
  • Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., outages, labor, acts of God, law changes).
  • Electronic Communications. We may send legal notices and disclosures electronically to your email on file; you consent to receive them electronically.
  • Publicity. We may list your name/logo as a customer in marketing materials unless you opt out by emailing privacy@mediamindsnexus.com.
  • Severability; Waiver; Survival. If a provision is unenforceable, the remainder stays effective. Failure to enforce is not a waiver. Sections on fees, IP, confidentiality, disclaimers, limits, indemnities, and dispute provisions survive termination.

16) Currency Statement

• Currency. All quotes, invoices, deposits, and payments are issued and processed in United States Dollars (USD) unless expressly stated otherwise in writing.
• Taxes & fees. Prices are exclusive of applicable taxes unless stated. You are responsible for sales/VAT/GST and any bank, card-issuer, or foreign exchange fees.
• Foreign payment methods. If you pay with a non-USD account or card, your bank/card network determines the exchange rate and any FX fees; we do not control or reimburse those amounts.
• Refunds. Approved refunds are returned to the original payment method and in the original transaction currency (USD). Timing depends on your bank/card issuer.
• Price changes. For subscriptions/retainers, renewals are billed at the then-current rates unless otherwise agreed in writing; we will provide reasonable notice of material pricing changes.

17) Warranties & Disclaimers

Services are provided “as-is” and “as available.” We disclaim all warranties (express/implied) including merchantability, fitness, non-infringement, uptime, or error-free operation.

18) Limitation of Liability

To the maximum extent permitted by law: (a) no indirect, incidental, special, consequential, exemplary, or punitive damages; (b) our aggregate liability under these Terms is limited to the fees you paid to us in the 3 months preceding the claim.

19) Indemnification

You will defend and indemnify us against claims arising from your content, unlawful messaging, misuse, or breach of these Terms.

20) Term, Suspension & Termination

Either party may terminate for material breach not cured within 10 days of notice. We may suspend immediately for security, non-payment, or legal risk.

21) Governing Law; Disputes

These Terms are governed by the laws of Florida, USA, without regard to conflicts rules. Venue and jurisdiction: Miami-Dade County, Florida courts. The parties waive class actions and agree to bring claims individually.

22) Changes

We may update these Terms from time to time. Material changes will be posted with a new “Last Updated” date and apply going forward.

23) Contact

Questions about these Terms or billing: support@mediamindsnexus.com or billing@mediamindsnexus.com.