• NexaGuard CMP: Simplifying Data Privacy Compliance

    NexaGuard CMP – Terms of Service

NexaGuard CMP – Terms of Service

Effective Date: June, 2025

Welcome to NexaGuard CMP (“NexaGuard”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of NexaGuard’s consent management platform, websites, dashboards, APIs, SDKs, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

  • Customer means the individual or legal entity that registers for and uses the Services.

  • End User means a visitor or user of the Customer’s website or application.

  • Controller has the meaning defined under applicable data protection laws.

  • Processor has the meaning defined under applicable data protection laws.

  • DSAR means a data subject access or privacy rights request.

2. Account Registration

You must provide accurate, complete, and current information when creating an account and keep such information up to date.

You are responsible for:

  • Maintaining the confidentiality of your login credentials

  • All activities conducted under your account

  • Ensuring authorized use of the Services

You must notify NexaGuard immediately of any unauthorized access or security breach.

3. Scope of Services

NexaGuard provides a consent management platform that enables Customers to:

  • Capture and manage user consent and opt-out preferences

  • Enforce privacy signals (e.g., GPC, Do Not Sell or Share)

  • Emit standardized consent signals (e.g., GPP, TCF, Google Consent Mode)

NexaGuard does not provide legal advice, compliance certification, or regulatory guarantees. Use of the Services does not ensure compliance with any specific law.

4. Roles and Responsibilities

4.1 Data Protection Roles

  • The Customer acts as the data controller with respect to End User personal data.

  • NexaGuard acts solely as a data processor providing technical consent management services.

4.2 Customer Responsibilities

You are solely responsible for:

  • Determining the lawful basis for data processing

  • Providing accurate disclosures to End Users

  • Maintaining your own privacy policy and legal notices

  • Ensuring compliance with applicable laws (e.g., CPRA, GDPR)

  • Handling DSARs and privacy rights requests

5. Data Subject Requests (DSARs)

NexaGuard does not receive, verify, identify, or respond to DSARs.

Customers are solely responsible for:

  • Receiving and verifying DSARs

  • Locating End User data across their systems

  • Responding within legally required timeframes

NexaGuard may provide technical assistance or consent signal confirmation upon request, subject to applicable agreements, but does not act as a controller or DSAR fulfillment service.

6. Data Processing

You retain ownership of all Customer and End User data.

By using the Services, you grant NexaGuard a limited right to process data solely to:

  • Operate and maintain the Services

  • Provide consent enforcement and signal transmission

  • Perform security, monitoring, and support activities

Detailed data processing terms may be governed by a separate Data Processing Agreement (DPA) where applicable.

7. Acceptable Use

You agree not to use the Services to:

  • Violate any law or regulation

  • Infringe privacy or data protection rights

  • Transmit malicious code or engage in abusive behavior

  • Misrepresent consent status or manipulate compliance signals

Use of the Services is subject to NexaGuard’s Acceptable Use Policy, which is incorporated by reference.

8. Subscriptions, Billing, and Cancellation

Subscriptions may include free trials, paid plans, or enterprise agreements.

By subscribing, you authorize NexaGuard to charge applicable fees to your selected payment method.

You may cancel your subscription at any time. Cancellation terms and refunds are governed by our Refund Policy.

9. Service Availability

The Services are provided on an “as is” and “as available” basis.

NexaGuard does not guarantee uninterrupted or error-free operation and may suspend access for maintenance, security, or operational reasons.

10. Intellectual Property

All NexaGuard software, trademarks, documentation, and content are owned by NexaGuard or its licensors.

You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription period.

11. Confidentiality

Each party agrees to protect the other’s confidential information and use it solely for purposes related to the Services.

12. Limitation of Liability

To the maximum extent permitted by law:

  • NexaGuard shall not be liable for indirect, incidental, consequential, or punitive damages

  • NexaGuard is not liable for regulatory penalties, enforcement actions, or compliance failures arising from Customer activities

NexaGuard’s total liability shall not exceed the fees paid by Customer in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold NexaGuard harmless from claims arising from:

  • Your misuse of the Services

  • Your violation of privacy or data protection laws

  • Your failure to handle DSARs or End User rights

14. Termination

You may terminate your account at any time.

NexaGuard may suspend or terminate access for:

  • Breach of these Terms

  • Violation of the Acceptable Use Policy

  • Legal or security concerns

Upon termination, your right to use the Services ceases immediately.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through the Services or email.

Continued use of the Services constitutes acceptance of updated Terms.

16. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.

17. Contact Information

For questions about these Terms, contact:

Email: [email protected]
Phone: +1 (212) 786-0000

By using NexaGuard CMP, you acknowledge that you have read, understood, and agreed to these Terms of Service.