Nexsus Terms of Service
These terms are an agreement between you and Aruni Ishanka Wickramasinghe (ABN 89 335 490 366), trading as Nexsus ("Nexsus", "we", "us") covering your use of the Nexsus service — the memory workspace for AI assistants, including the MCP API, your hosted workspace, and the customer dashboard (together, "the Service"). By creating an account you agree to these terms.
1. The Service
Nexsus gives your AI assistant a persistent, structured memory: a private workspace your assistant reads and writes through the Model Context Protocol (MCP), plus a dashboard where you can view and manage what is stored.
2. Your account
You must provide a working email address and keep your sign-in credentials secure. You are responsible for activity under your account and API keys. One account per email address: for data-integrity reasons the Service is append-only, and an email used for a deleted account remains reserved and cannot be re-registered.
3. Plans, billing and usage
Paid plans are billed monthly through our payment provider (Stripe). Two things are metered:
- Storage — the data held in your workspace, measured in megabytes. Our own operational telemetry (tool-activity capture rows) is excluded from your billable storage.
- Tool calls (also called API calls) — one tool call is one MCP tool invocation processed by the Service on your workspace, excluding health checks. On paid plans the count resets each billing month; on the Free plan the allowance is a one-time lifetime total.
Each plan includes a storage allowance and a monthly tool-call allowance. Usage beyond a paid plan's allowance is billed as overage at the rates shown on the pricing page at the time of use. Upgrades take effect immediately (prorated). Downgrades take effect at your next billing cycle.
An important property of Nexsus: the workspace is append-only by design — history is preserved and storage does not shrink when records are archived. If you downgrade below your current storage footprint, the excess bills as overage for as long as it remains.
4. The Free plan
The Free plan has no time limit. It continues until you reach its storage allowance or its API-call allowance (both are lifetime totals, not monthly) — whichever comes first — at which point you can upgrade to continue active use. There is no time-boxed trial and no credit card is required to start.
5. Archive Mode, allowance wind-down, and data retention
If your subscription is cancelled, a payment failure remains unresolved past the grace period, or a Free workspace stays over its allowance, your account enters Archive Mode:
- Your AI assistant's access (the MCP API) is closed — reads and writes.
- Your dashboard stays available, view-only, and you can export your data (CSV) at any time.
- Archive Mode lasts 2 years if you have ever made a payment, or 6 months if you have never paid. After warnings and a final export window, the workspace and its data are permanently deleted.
- Full service is restored instantly if you re-subscribe, settle an unpaid invoice, or upgrade.
A never-paid Free workspace that stays over its allowance, or goes fully inactive, for the retention period above winds down on the same schedule: we send three warning notices before anything is deleted — roughly one month out, two weeks out, and 48 hours before deletion — and your data stays exportable from your dashboard for the entire wind-down period, right up to the moment of deletion.
Deletion at the end of the retention window is permanent and cannot be undone.
6. Your data
Your workspace content belongs to you. We host it, index it, and process it solely to provide the Service (including generating the search embeddings that make your assistant's recall work). We keep an operational audit trail of tool activity on your workspace. We do not sell your data. We access workspace content only to operate the Service, investigate abuse, or as required by law. Data is encrypted in transit and at rest on our infrastructure; Nexsus is not a zero-knowledge system — like the major cloud storage providers, the Service must be able to process your data to serve it. Our Privacy Policy (nexsus.com.au/privacy) explains our data practices in detail.
7. Acceptable use
You agree not to: break the law or help anyone else to; probe, disrupt, or overload the Service or other customers' workspaces; attempt to access another customer's data; resell access to your account or API keys; introduce malicious content; or use the Service to store data you have no right to hold.
8. Building with Nexsus
You are welcome to use Nexsus as memory for your own AI assistants and inside your own business, including in workflows that serve your customers.
9. Resale requires approval
If you intend to build a product or service on the Nexsus substrate for resale — including offering Nexsus-backed capabilities to your own paying customers as a product, embedding the Service in something you sell, or any white-label or OEM arrangement — you must first obtain written approval from admin@nexsus.com.au. We're glad to talk: this exists so resale arrangements get the right plan, support, and terms. Resale without approval is a breach of these terms and grounds for suspension.
10. Availability
We work hard to keep the Service reliable, but it is provided "as is" and "as available", without an uptime guarantee or service-level agreement at this stage. Planned maintenance and unplanned outages happen; your assistant's access resumes when service does.
11. Changes
We may improve or change the Service, and may update these terms. If we make material changes we will notify you (email or dashboard notice) before they take effect; continuing to use the Service after that date means you accept the updated terms. The current version is always available at the Terms page.
12. Ending the agreement
You can cancel a paid subscription, downgrade, or delete a Free account from the dashboard at any time; Archive Mode and the retention windows in §5 then apply. We may suspend or terminate accounts that breach these terms (including §9), with notice where practicable. Where an account is terminated for breach, the never-paid retention window applies unless we agree otherwise.
13. Liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any right or remedy you have that cannot lawfully be excluded. To the extent the law permits us to limit our liability for breach of a guarantee that cannot be excluded, our liability is limited to re-supplying the services or paying the cost of having the services supplied again.
Subject to the paragraph above and to the maximum extent permitted by law: we are not liable for indirect, incidental, special, or consequential losses; and our total liability under these terms is capped at the amounts you paid us in the 12 months before the claim arose.
14. Governing law and contact
These terms are governed by the laws of New South Wales, Australia. Questions, notices, and §9 approval requests: admin@nexsus.com.au.