Terms and Conditions

These Terms and Conditions (the “Terms”) are a legally binding agreement between you and Be Nexxt Inc., a California corporation (“Be Nexxt,” “we,” “us,” or “our”). They govern your access to and use of www.benexxtinc.com, including its pages, content, forms, and related website features (collectively, the “Site”).

By accessing or using the Site, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Be Nexxt is a strategic growth consultancy and AI + Marketing Studio. We work with executive leaders, founders, organizations, and public-sector leaders on complex business challenges, operational modernization, customer experience, strategy and execution, human-centered AI, digital marketing, transformation strategy, AI architecture, branding, content, intelligent experiences, and related advisory work.

The Site presents information about Be Nexxt, its point of view, capabilities, work, and ways to begin a conversation. Site content is general information only. It is not a proposal, statement of work, guarantee of availability, or commitment to provide any particular service, result, technology, timeline, or price.

Dominion may be described on the Site as an executive or strategic intelligence platform. Unless Be Nexxt expressly provides access under a separate written agreement, references to Dominion are descriptive only and do not grant access, a license, or any right to use the platform.

Contacting Be Nexxt, submitting an inquiry, or discussing a possible engagement does not create a client, fiduciary, partnership, agency, or confidential relationship and does not obligate either party to proceed.

Paid services are governed by the proposal, statement of work, master services agreement, order form, or other written agreement signed or otherwise formally accepted by Be Nexxt and the client (a “Client Agreement”). A Client Agreement may address scope, fees, payment, timing, confidentiality, intellectual property, data handling, warranties, liability, termination, and other engagement-specific matters.

These Terms govern use of the Site. A Client Agreement governs the applicable client engagement. If a Client Agreement and these Terms are inconsistent as applied to that engagement, the Client Agreement controls to the extent of the inconsistency. Nothing on the Site changes an executed Client Agreement unless the parties agree in writing.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Site. The Site is directed to a professional and business audience and is not intended for children.

Be Nexxt grants you a limited, revocable, non-exclusive, non-transferable permission to access and use the Site for lawful personal or internal business purposes. You may view, download, or print reasonable portions of the Site solely to evaluate Be Nexxt or communicate with us, provided you retain all proprietary notices.

You may not:

• copy, reproduce, republish, sell, license, distribute, or commercially exploit Site content without our written permission;
• modify, reverse engineer, decompile, frame, mirror, or create derivative works from the Site, except where applicable law expressly permits it;
• use automated tools to scrape, harvest, index, train models on, or extract Site content or data without our written permission;
• interfere with the Site, test its vulnerabilities without authorization, bypass security measures, or introduce malicious code;
• impersonate another person, misrepresent your affiliation, submit false information, or use the Site for fraud or unlawful conduct; or
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights of Be Nexxt or any third party.

You may provide information through a contact form, email, telephone call, meeting request, or other communication. You represent that the information you provide is accurate, lawful, and yours to share.

Do not send trade secrets, regulated data, highly sensitive personal information, protected health information, payment-card information, passwords, or other confidential material through a general website inquiry unless Be Nexxt has expressly agreed in writing to receive it through an approved method. An unsolicited submission does not create a duty of confidentiality. Confidentiality obligations, if any, arise only under an applicable written agreement or as required by law.

You retain ownership of materials you submit. You grant Be Nexxt a limited, non-exclusive license to receive, store, review, reproduce, and use those materials as reasonably necessary to respond to your inquiry, evaluate a possible engagement, operate and secure the Site, comply with law, and enforce these Terms. Engagement materials submitted after a Client Agreement takes effect are governed by that Client Agreement.

The Site and its design, arrangement, text, graphics, photographs, video, audio, case-study presentation, names, logos, trademarks, service marks, methodologies, concepts, and other content are owned by or licensed to Be Nexxt and are protected by intellectual-property and other laws. “Be Nexxt,” “Dominion,” and associated names, marks, and branding may not be used without prior written permission.

Nothing in these Terms transfers ownership of Be Nexxt intellectual property to you. Ownership and permitted use of deliverables, pre-existing materials, client materials, and project intellectual property are determined by the applicable Client Agreement.

If you voluntarily provide general feedback about the Site or Be Nexxt’s offerings, you permit us to use that feedback without restriction or compensation, provided we do not identify you publicly without permission.

The Site may link to third-party websites or rely on third-party technology. Be Nexxt’s website and business operations may use services such as Wix, Shopify, Mailchimp, PayPal, ChatGPT and other OpenAI services, Kling, Lovable, Google One, and Cowork. The providers and tools used may change as our operations evolve.

These Terms do not govern a third party’s service. Your use of a third-party website or service is subject to that provider’s terms and privacy practices. A link, integration, or reference does not imply endorsement, sponsorship, or control. Be Nexxt is not responsible for third-party content, availability, security, or practices, except to the extent responsibility cannot lawfully be excluded.

PayPal is not currently connected to the Site, and the Site does not currently process online payments. Shopify is not currently presented as a Site checkout channel. Any payment or purchasing arrangement for a client engagement will be communicated separately and governed by the applicable Client Agreement or invoice terms.

Be Nexxt may use artificial intelligence and other technology as part of its internal workflows or professional capabilities. The Site does not currently allow visitors to submit prompts or files to an AI system, receive automated AI outputs, or access Dominion.

Descriptions of AI, automation, predictive tools, strategic intelligence, or emerging technology are informational. They are not a promise that a tool will be appropriate for a particular purpose, free from error or bias, continuously available, or capable of producing a guaranteed result. Any client-facing use, deliverable, access right, human-review process, or allocation of rights concerning AI inputs and outputs will be addressed in the applicable Client Agreement.

Our Privacy Policy explains how Be Nexxt collects, uses, discloses, and protects personal information in connection with the Site and related communications. It is available on the Site and is incorporated into these Terms by reference for purposes of describing our data practices.

If you subscribe to marketing communications, you may unsubscribe at any time using the link in the message or by contacting us. We may still send non-marketing communications that are necessary to respond to you or manage an existing relationship. Message and data rates may apply if you choose to communicate by text message.

Site content is provided for general informational purposes. It is not legal, financial, tax, accounting, investment, employment, medical, cybersecurity, or other regulated professional advice. You should obtain advice from appropriately qualified professionals for decisions requiring it.

Strategy, marketing, transformation, technology, AI, and business outcomes depend on circumstances beyond Be Nexxt’s control. We do not promise certainty, a particular commercial outcome, increased revenue, funding, audience growth, operational result, or return on investment from reading the Site or contacting us. Commitments made for a specific engagement, if any, appear only in the applicable Client Agreement.

We may update, modify, restrict, suspend, or discontinue any part of the Site at any time. We do not guarantee that the Site will always be available, secure, complete, current, or free of errors. Maintenance, technical failures, cyber incidents, third-party systems, internet conditions, and events beyond our reasonable control may affect availability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BE NEXXT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Some laws do not allow certain warranty exclusions. In that event, the exclusions apply only to the maximum extent permitted, and nothing in these Terms limits rights that cannot lawfully be waived.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE NEXXT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR DAMAGES ARISING FROM RELIANCE ON SITE CONTENT, THIRD-PARTY SERVICES, OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BE NEXXT AND THE RELATED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID BE NEXXT, IF ANY, SPECIFICALLY FOR ACCESS TO THE SITE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be limited or excluded. Liability relating to a paid client engagement is governed by the applicable Client Agreement rather than this Section to the extent addressed there.

To the extent permitted by law, if you use the Site on behalf of a business or organization, you will defend, indemnify, and hold harmless Be Nexxt and its officers, directors, employees, contractors, and affiliates from third-party claims, liabilities, damages, judgments, and reasonable costs arising from your unlawful misuse of the Site, your material breach of these Terms, or materials you submit in violation of another person’s rights. Be Nexxt will provide reasonable notice of a covered claim and may control the defense and settlement, provided we may not agree to an admission of wrongdoing by you without your consent. This Section does not apply to individual consumers to the extent prohibited by law.

You may stop using the Site at any time. We may restrict or terminate access to the Site when reasonably necessary to address a violation of these Terms, protect the Site or others, comply with law, respond to security risks, or discontinue the Site. Provisions that by their nature should survive will survive, including those concerning intellectual property, disclaimers, liability, indemnification, disputes, and general terms.

We may update these Terms to reflect changes to the Site, our practices, or applicable requirements. The revised version will display a new “Last updated” date and will apply prospectively when posted, unless a later date is stated. If a change materially affects an existing relationship and notice is required by law or contract, we will provide appropriate notice. Changes to a Client Agreement require the process stated in that agreement.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Mandatory protections available under applicable law remain unaffected.

Before filing a claim relating to the Site or these Terms, you and Be Nexxt agree to make a good-faith effort to resolve the dispute informally. Send a written description of the dispute and the requested resolution to theresa@benexxtinc.com or to the postal address in Section 20. The receiving party will have 30 days to respond before either party files suit, unless immediate relief is reasonably necessary or a filing deadline would expire.

Subject to applicable jurisdiction and venue rules, any court proceeding relating to the Site or these Terms must be brought in the state courts located in Los Angeles County, California, or the federal courts serving Los Angeles County. Each party consents to personal jurisdiction in those courts. Either party may bring an eligible matter in small claims court.

Entire agreement. These Terms and the Privacy Policy are the entire agreement concerning use of the Site. They do not replace a Client Agreement or another written agreement governing a separate relationship with Be Nexxt.

Severability. If a provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed. The remaining provisions will remain in effect.

No waiver. A failure or delay in enforcing a provision is not a waiver of that provision or any other right.

Assignment. You may not assign these Terms without Be Nexxt’s prior written consent. Be Nexxt may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and Be Nexxt, except that the parties identified in Sections 14 and 15 may enforce those Sections.

Headings. Headings are for convenience and do not affect interpretation.

Questions, legal notices, and concerns about these Terms may be directed to:

Be Nexxt Inc.

21900 Burbank Boulevard, 3rd Floor

Woodland Hills, CA 91367

Email: theresa@benexxtinc.com

Telephone: (747) 236-3998

Website: www.benexxtinc.com